Terms & Conditions│TWIST E-Shop by TWIST HK - Online Shop for Designer Brands
TERMS & CONDITIONS
Please read this Terms & Conditions carefully. Other than expressly stated herein, the Terms & Conditions will apply to all the TWIST online channels. By browsing, accessing or using TWIST’s website, mobile app or its social media (hereinafter referred to as “TWIST Platform” or the “Platform”) or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to the Terms & Conditions that appear below.
ABOUT TWIST E-SHOP ACCOUNT REGISTRATION
1. Do I need to set up an account to place an order at TWIST E-Shop?
Yes, you must create a TWIST E-Shop account to start shopping at TWIST E-Shop. Account registration is free of charge.
To create an account, you must complete all mandatory fields in the TWIST E-Shop registration form at the TWIST E-Shop Website (www.twisteshop.com); and then a confirmation email will be sent to you from TWIST at your registered email inbox. You can activate your E-Shop Account at the TWIST E-Shop Website.
You warrant and represent that all the information you provided to us upon registration is true, accurate and complete. Also, you agree to notify us immediately by updating your personal profile(s) upon change of any of your information submitted to us when you registered a TWIST E-Shop Account. To the extent permitted by law, we shall not be liable for any claim, demand, liability or action resulting from your omission, negligence and/or failure to supply us with your updated information and the accuracy and completeness of those information.
You should provide the following information for TWIST E-Shop Account registration:
a) Chinese or English name;
b) Valid email address (for validation purpose, information provided cannot be changed once submitted);
c) Valid mobile number;
d) Date of Birth; and
e) Login password.
We have the absolute discretion to refuse and/or revoke registration of any applicant/TWIST Member and to terminate and/or cancel their E-Shop Account for any reason whatsoever.
Please note that each effective email can register only one TWIST E-Shop Account.
2. I have forgotten my password. What should I do?
Click on the "Forgotten Your Password" link and submit your registered email address and/or mobile number. You will receive a link that will direct you to a page where you can input your new password.
3. How can I change my password and profile?
After logging into your TWIST E-Shop Account, you may change your password by clicking “Change Password”. To update your profile information, click “My Account” to make the changes then click “Confirm” to save the updates.
4. If I am already a TWIST Member who registered at the www.twist.hk, the TWIST Member App or TWIST retail stores, do I have to create a TWIST E-Shop Account at www.twisteshop.com in order to start shopping at TWIST E-Shop?
Yes, you still have to create a TWIST E-Shop Account since the TWIST E-Shop Account and TWIST Member Account are running at two different systems.
5. If I purchase from TWIST E-Shop, can I accumulate or use TWIST Points at my existing TWIST Member Account?
Since the TWIST E-Shop Account and TWIST Member Account are running at two separate systems, what we could do at the current stage is to check whether you are using the identical set of registered email and mobile number when you are registering to be a TWIST Member and creating an account at TWIST E-Shop. If you are using the identical set of registered email and mobile number when doing the registration at the two systems, then you could accumulate TWIST Points at your existing TWIST Member Account when shopping at TWIST E-Shop, and so, your purchase history at TWIST E-Shop could also be shown at your existing TWIST Member Account.
However, please note that if you want to use your Points for the redemption of TWIST Dollars and/or selected gifts, you could only do so at any TWIST retail stores at the moment. For the redemption of Asia Miles, you could only do it at the TWIST Member App at the moment.
In this regard, if you have already registered as a TWIST Member at www.twist.hk, TWIST Member App or TWIST retail stores before, you are strongly advised to use the identical set of registered email and/or mobile number to create your account at TWIST E-Shop.
1. Which payment methods do TWIST accept?
We accept Visa, Master, American Express (via PayPal), Alipay and WeChat Pay.
Payment procedure is as follows:
a) Press the “Go To Checkout” button. You will be redirected to the “Secure Checkout” page.
b) Please provide your Shipping Address.
c) The shipping fee will be shown at the “Shipping Methods & Fee” field automatically if required.
d) Customs clearance handling fees will be shown at the “Customs Clearance Handling Fees” field automatically if required or will be paid to the delivery service provider if necessary (as the case may be). However, customers please note that the goods you ordered might have to be imposed by your local government authority of taxes subject to respective taxation policies from place to place before you could actually receive your parcel. If needed, please contact your local government authority for further information.
e) Please choose the payment method at the “Payment” field.
f) Please press the “Checkout Now” button.
g) After pressing the “Checkout Now” button:
i. if you have chosen “VISA/Master/AE”, for both desktop and mobile versions of TWIST E-Shop, you will be redirected to the PayPal page to complete the payment.
ii. if you have chosen “支付宝” or “AlipayHK”, for desktop version of TWIST E-Shop, you will be given a payment QR code. Please scan the QR code to complete the payment. For mobile version of TWIST E-Shop, you will be redirected to the Alipay page to complete the payment.
iii. if you have chosen “WeChat Pay”, for desktop version of TWIST E-Shop, you will be given a payment QR code. Please scan the QR code to complete the payment. Please note that WeChat Pay is not available at the mobile version of TWIST E-Shop.
2. Which currency do I have to pay with?
The currency for payment will be in HKD.
3. What is the default currency in TWIST?
The default currency in TWIST is HKD. All the prices shown at TWIST in all other currencies are for reference only and subject to change from time to time according to the prevailing exchange rate in the market.
GOODS DELIVERY FOR ONLINE SHOPPING AT ANY TWIST PLATFORMS OR SHOPPING AT ANY TWIST RETAIL STORES
It usually takes 2 to 14 working days (excluding Saturdays, Sundays and Public Holidays) for us to dispatch the product(s) ordered online at any TWIST Platforms or at any TWIST retail stores to your designated location after the order has been placed and accepted by us. We will try our best to meet the estimated delivery but cannot guarantee that such estimate can be met due to the bad weather, traffic congestion and other unexpected events. By signing an acknowledgement of receipt, you confirm receipt of the ordered product(s) and accept all the responsibilities and risks for the product(s) ordered from that moment on.
7 to 14
2 to 5
2 to 7
4 to 10
4 to 10
4 to 10
4 to 10
4 to 10
*Enjoy free delivery upon net purchase of HKD5,000.
**Customs clearance handling fees will be shown at the “Customs Clearance Handling Fees” field automatically if required or otherwise will be paid to the delivery service provider directly if necessary (as the case may be). However, customers please note that the Customs Clearance Handling Fees is just the service fees the Delivery Service Provider will charge for the handling of customs clearance issues, which do not represent any form of taxes.
***Where a shipping address is outside Hong Kong, the goods you ordered might have to be imposed by your local government authority of taxes subject to respective taxation policies from place to place before you could actually receive your parcel. If needed, please contact your local government authority for further information.
EXCHANGE/RETURN/REFUND POLICY FOR ONLINE SHOPPING AT ANY TWIST PLATFORMS
Please contact us right away by email at [email protected] if you discover a fault with the item(s) you bought online at any TWIST Platforms and TWIST will try to resolve the issue for you as soon as possible. The request for exchange, return of products or refund without first contacting us by email will not be accepted. Please pay attention that the following Exchange/Return/Refund Policy is applicable to online shopping at any TWIST Platforms only. The Policy is not applicable to shopping at any TWIST stores.
TWIST may consider to offer you an exchange/return/refund service on products you bought online at any TWIST Platforms, subject that you must first contact us by email to submit your exchange/return/refund request within 24 hours from the time when you received your order. We will not accept any exchange/return/refund request after this 24 hours. TWIST will proceed with the exchange/return/refund procedure only if verifying that the customers have fulfilled all the terms set out below:
1. If the product has no quality problem, TWIST will not offer any exchange/return/refund service. Whether the product has any quality problem is at the sole discretion of TWIST.
2. To ensure good quality of your purchase order, all products are carefully inspected and well packed before shipping out, attaching with an independent numbered security strap. If the said security strap is not intact and/or does not remain attached to the product, the exchange/return/refund request will not be considered.
3. The returned product(s) must be in their original purchase condition, including the original tags, manufacturer's containers, product packaging, dust bags, hangers, documentation, warranty cards, manuals, all accessories and the independent numbered TWIST security strap which is intact and still remains attached to the product(s). All of the above-mentioned items shall not be lost or damaged, and the related product(s) has/have not been worn, washed, used, or amended in any manner. All packaging must be unmarked and not defaced in any manner. The product(s) returned should be in good condition for second sale.
4. An exchange/return/refund will not be accepted under the following circumstances:
a) TWIST has issued an invoice for the order already; this invoice should be returned along with the products. If customers cannot provide the invoice, TWIST will reject the exchange/return/refund request.
b) Packages and gift packages cannot be returned partially since they are offered at discounted prices as a whole set and the items in the packages cannot be sold individually.
c) No exchange/return/refund for products sold at seckill price, special price, discount price, special promotions or joint promotions.
d) No exchange/return/refund for products, at TWIST’s sole discretion, that have been worn, washed, used, or amended in any manner.
e) No exchange/return/refund for personal products including but not limited to earrings, swimsuits, swim trunks, underwear, briefs, socks, leggings, pantyhose or any other hygiene products, skincare products and makeup products.
f) We do not accept any request for exchange/return/refund due to subjective reasons. Whether the return is due to subjective reasons is at the sole discretion of TWIST. Subjective reasons include but not limited to:
i. The fabric or finish of a product is not what you expected: For example, the thickness, the transparency, the stiffness or softness differs from your expectations.
ii. Changing your mind; the product does not look good on you; not as comfortable or pretty as expected; inappropriate due to size, color or fabric differ from your expectations.
g) We do not accept any request for exchange/return/refund due to non-quality problems. Whether the product has any quality problem is at the sole discretion of TWIST. Non-quality problems include but not limited to:
i. Minor flaws: thread ends that has not been trimmed; chalk marks; glue marks; drop stitches; skip stitches; sewing puckers; loose threads; snagged threads; fabric runs; loosely fastened buttons or other parts; minor stain; unnoticeable run off stitches; hot fix rhinestone may detach occasionally; minor chipping or peeling of printings; minor scratches; pilling; irregular fold; crease; dent marks; excessive flash; mild oxidation; slightly uneven plating or printing.
ii. The existence of color aberration of different PC monitors or browsers.
h) We do not accept any request for exchange/return/refund due to product origins.
i) No exchange/return/refund for products being received after checking and signing.
j) No exchange/return/refund for products, at TWIST’s sole discretion, that are not in good condition for second sale.
5. Customers are responsible for the return delivery charge. Under no circumstances will TWIST accept returned products on freight collect basis. TWIST will refuse all parcels delivered on freight collect basis.
6. TWIST will proceed with the exchange/return/refund procedures after receiving and inspecting the returned products. TWIST normally takes 14 working days to inspect the returned products and verify that you have fulfilled all the return requirements. TWIST will handle the exchange/return/refund only if after verifying that you fulfill all the return requirements.
7. TWIST reserves the rights to exchange the faulty item with one of the same style, color and size. Only if where the related stock is unavailable, refund will be processed. Once verified that the customers have fulfilled all the return requirements, refund request will be sent to our Accounts Department and the refund process will be completed within 21 working days. Refund will be made by means of credit memo valid for 30 days from the day of refund. However, the discount given and/or privileges offered, the shipping charge, any other handling fees and taxes (if any) being paid in the related transaction will not be returned. All the delivery cost, handling charge and taxes (if any) that may arise by the refund or return process will be borne by the customer.
Each credit memo can only be used once and is not exchangeable for cash. For replacing product by the means of credit memo, the value of the replacement product should be equal to the price of the original product. If the value of the replacement product is higher than the amount shown in the credit memo, you are required to pay the difference. If the value of the replacement product is lower than the amount shown in the credit memo, all the balance will be forfeited.
8. Should there be any disputes on the issue of exchange/return/refund, TWIST’s decision shall be final.
If you have other questions, please feel free to contact us at [email protected].
1. Acceptance of Service Terms
The TWIST Online Service User Agreement (hereinafter referred to as the “Agreement”) is entered into by and between TWIST and the registered users of TWIST (hereinafter referred to as the “Users”), and this Agreement has contractual effect. The contents of this Agreement include the main text of this Agreement and all the applicable rules that have been released or may be revised or released in the future by TWIST (hereinafter referred to as the “Rules”). All Rules constitute an integral part of this Agreement and have the same legal effect as that of the main text of this Agreement. Upon the Users’ confirmation of the Agreement and registration as a user of TWIST according to the registration procedures of TWIST, this Agreement becomes legally bound on the Users and TWIST. Users must carefully read all the contents of this Agreement before registration. Whether the Users have read this Agreement carefully or not before registration, it is deemed that they agree to abide by this Agreement when registering at any TWIST Platforms according to the registration procedures of TWIST. This Agreement does not involve any legal relationships and disputes arising out of online transactions among the Users and other users of TWIST. Users shall commit to and abide by this Agreement and the related Rules while using the services provided by TWIST as mentioned in Article 3 of this Agreement (hereinafter referred to as the “TWIST Online Service”). This Agreement and the applicable TWIST service regulations under the related Rules are an integral part of this Agreement.
2. Updates of Service Terms
TWIST has the right to update the Rules according to renewal of TWIST Online Services from time to time. If there is any change of this Agreement, TWIST will upload the related changes to the Platform as soon as possible. The updated Agreement will automatically become effective once it is uploaded. If Users do not agree with the changes, they shall cease using the TWIST Online Services immediately. Users’ continuous logging on the TWIST Platform or the continuous use of the TWIST Online Services represents the Users’ acceptance of the updated Agreement. Unless otherwise expressly stated, any changes to the scope or contents of the TWIST Online Services are bound by this Agreement.
3. Description of Services
a) The TWIST Online Services include online shopping services provided by TWIST through its Platform (hereinafter referred to as the “Shopping Services”) and/or information tool, personalized service, and other individualized services (hereinafter referred to as the “Individualized Services”).
b) TWIST provides Users with rich web resources through the Internet by utilizing the operation system of the Platform, including the Shopping Services and Individualized Services. Unless otherwise stipulated, any changes of the scope or content of the TWIST Online Services (including but not limited to new functions and the applications of the TWIST Platform) are unconditionally applied to this Agreement. TWIST has the right to change, suspend, or terminate a part of or all of the services at any time without notifying Users in advance and without assuming any responsibility to any users or third party.
c) In view of the characteristics of the TWIST Online Services, TWIST needs to regularly or irregularly overhaul or maintain the platform that provides the TWIST Online Services or related facilities. Should the TWIST Online Services be suspended for this reason, TWIST does not assume any responsibility.
d) Unless otherwise provided for by laws, TWIST does not assume any responsibility for the TWIST Online Services. Users shall assume any risks by themselves when they use the TWIST Online Services provided by TWIST. TWIST does not guarantee that the TWIST Online Services will definitely satisfy the requirements of the Users, or that the TWIST Online Services will not be suspended. The timeliness, safety, and accuracy of the TWIST Online Services are also not guaranteed.
e) For those items purchased from TWIST that are shipped by a third party carrier, the ownership and risk of loss for such items pass to you upon our delivery to the carrier. We do not assume any responsibilities caused by the third party for any problems including but not limited to the loss of the parcel or the damage of the parcel or the product during the delivery.
f) To use the TWIST Online Services, Users must:
i. Confirm that Users are natural persons, legal persons, or other organizations with full civil right capabilities and full civil behavior capabilities when they complete the registration procedures or use the TWIST Online Services in other ways as permitted by TWIST. If Users do not have the above mentioned qualifications, they and their guardians shall assume all consequences caused thereby and the TWIST has the right to cancel (freeze forever) Users’ TWIST accounts and to claim against the Users and their guardians.
ii. Prepare by themselves the facilities necessary for accessing the Internet, including computers, modems, or other devices.
iii. Understand that TWIST only provides the relevant TWIST Online Services and Users need to pay the expenses related to the TWIST Online Services at their own cost (including but not limited to expenses for accessing to and visiting the TWIST Platform, the telephone rates, and Internet usage fees for access to the Internet, and mobile phone fees paid for the use of mobile Internet).
g) To accept the TWIST Online Services, Users must agree to:
i. Provide complete, authentic, accurate, and the latest personal data when registering at TWIST, and update the registration information upon the demand of TWIST in case of any changes to Users’ personal data, it shall be updated promptly.
ii. If TWIST learns that Users provide any wrong, untrue, outdated, or incomplete registration information, or TWIST has reasons to suspect that the foresaid information is wrong, untrue, outdated, or incomplete, TWIST has the right to restrict or cancel the Users’ accounts and reject to provide part of or all of the TWIST Online Services at present or in the future without assuming any liabilities.
4. Users shall Abide by the Following Law and Regulations
a) Users shall agree to abide by the Law of Hong Kong and other laws and regulations on computer and the Internet and other applicable regulations promulgated by authorities, and other applicable law and regulations in Hong Kong. If, under any circumstances, TWIST has reasons to deem that Users’ behaviors may violate the foresaid laws, regulations, or other applicable regulations, TWIST may stop providing TWIST Online Services to the Users without prior notice.
b) Users shall understand that there are no national boundaries on the Internet and shall pay special attention to the related local laws and regulations.
To protect your personal data, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. Your personal data, credit card information and transaction is encrypted using 256-bit SSL.
a) When registering with TWIST, Users shall provide their personal data. TWIST collects personal data for the purpose of providing Users with more individualized services. Without Users’ legal and proper authorization, TWIST will not publish, edit, or disclose Users’ personal data and the private content kept by TWIST (including but not limited to the TWIST mailbox) save that:
i. The related laws, governmental authorities, or legal service procedures of TWIST request TWIST to do so.
ii. TWIST does so to maintain Users’ and the public’s rights and interests in urgency.
iii. TWIST does so to safeguard its intellectual property rights or other legal rights and interests.
iv. TWIST does so under other circumstances where the laws demand TWIST to publish, edit, or disclose the individual information.
b) Users agree to allow TWIST to use the personal data under circumstances including but not limited to the following:
i. TWIST may share Users’ personal data for the purpose of sales promotion with third party partners.
ii. TWIST may match Users’ information with third party partners’ data.
iii. TWIST may disclose Users statistics to potential partners, advertisers, and other third parties, and describe the TWIST Online Services for other legal purposes.
iv. TWIST may send information on the products and services of TWIST or other products and services that TWIST thinks the Users may be interested in to the Users. If Users do not want to receive such information, they may notify TWIST when they provide personal data or at any time.
c) TWIST will make due efforts to protect Users’ information, but it cannot ensure or guarantee the safety of Users’ personal data. Users shall assume the risks by themselves. The previously mentioned risks include but are not limited to: Users may receive messages without Users’ consent when they disclose their personal data online to which the public may have access; the business partners of TWIST or any other third party who gets Users’ personal data through other websites may conduct independent data collecting and other activities to the Users. TWIST does not assume any liabilities at any time for the above mentioned behaviors of Users and other third parties, as well as any risks, losses, and damages caused by such behaviors to the Users.
i. Recognize you whenever you visit TWIST Platform;
ii. Obtain information about your preferences, viewing and browsing behavior, online movements and use of the internet;
iii. Keep track of the items stored in your shopping cart and take you through the checkout process;
iv. Carry out research and statistical analysis to help improve TWIST's services and to help TWIST better understand its visitors and the requirements and interests of its customers;
v. Target TWIST's marketing and advertising campaigns and those of TWIST's business partners and advertisers more effectively by providing interest-based advertisements that are personalized to your interests;
vi. Improve functions of TWIST Platform in order to ensure you get the best experience and provide you with information tailored to your interests; and
vii. Enable tighter security.
By clicking into any content on TWIST Platform, you agree to allow cookies to be placed. Cookies used by TWIST, by themselves, do not provide your personal data. TWIST only obtains your personal data when you choose to provide it to TWIST Platform. However, once you choose to provide TWIST Platform with your personal data, such data may be linked to the data stored in the cookies.
6. Users’ Account Numbers, Passwords, and Security
a) Once registering successfully at the TWIST Platform, Users will become eligible users of TWIST and will obtain a password and account number. Users have the responsibility to safeguard the security of their passwords and account numbers. Whether the passwords and account numbers are used or controlled by Users themselves or not, the Users are fully responsible for all behaviors in relation to them. TWIST does not assume any responsibilities or obligations for any damage or loss caused by any means of use of the passwords and account numbers.
b) If Users’ passwords and account numbers are used without authorization or there are other safety problems, Users shall notify TWIST immediately. The Users shall log out to cease using the accounts each time after using it. Otherwise, Users’ passwords and account numbers may not be protected by TWIST.
c) All Users shall be fully responsible for all activities and events conducted via their accounts. If Users do not keep their passwords and account numbers well and cause damage to themselves, other Users, TWIST, or other third parties, Users shall assume all liabilities.
7. Storage of and Restrictions to Users’ Information
a) TWIST will not assume any responsibility for the deletion and storage failure of Users’ information released through the TWIST Platform.
b) Users shall be fully responsible for all contents published, uploaded, posted, or sent by them through the TWIST Platform or by email. With respect to the contents released and/or sent by Users through the TWIST Online Services, TWIST does not guarantee their accuracy, completeness, authenticity, or quality. Users shall assume risks by themselves for using the previously mentioned contents.
c) Users may access contents that may make them displeased or may be improper in their own opinions when receiving the TWIST Online Services. Under no circumstance will TWIST be responsible for Users’ personal experiences in relation to the above mentioned contents, including but not limited to any errors and mistakes arising therefrom and any losses or damages caused thereby. TWIST has the right (without obligations) to refuse or delete any contents provided through the TWIST Online Services.
d) In the following situations, TWIST has the right to keep or disclose any contents published and/or sent by the Users in any manner through the TWIST Online Services without assuming any legal responsibilities:
i. According to the legal regulations of Hong Kong.
ii. According to this Agreement.
iii. According to claims raised by any infringed third party.
iv. For the purpose of protecting the rights, property, or physical safety of TWIST, Users, and the public.
v. Other circumstances where TWIST deems necessary.
8. Purchase of Products and Expenses
a) All products purchased through TWIST are sold to the end Users and shall not be resold for any commercial purposes. If we have doubts about a User’s purchasing purposes, we may refuse to sell the products.
b) The ownership of the products will be transferred from TWIST to Users when TWIST ships the products. Users need to pay the product prices and other necessary expenses, and may also need to pay delivery fee, other additional charges or taxes. Users’ completing the related ordering procedures means Users accept the provisions. The Users shall be responsible for all delivery and handling fees, taxes, or other necessary expenses.
c) To the extent as permitted by laws, TWIST reserves the right to alter the prices of products, various charges, supply, and other contents at any time and from time to time without any notice. TWIST will not assume any legal responsibilities for the Users.
d) All products are subject to availability. TWIST does not guarantee the supply of products can meet all the order requirements of the Users. To the extent as permitted by laws, TWIST may reject or cancel orders, reject the provision of products and/or TWIST Online Services at any time at its own discretion without offering any reasons.
9. Forbidden Acts of Users
Users shall not conduct the following acts through or by utilizing TWIST:
a) To publish or send any unlawful, harmful, threatening, harassing, infringement, slander, vulgar, obscene, insulting, slander, pornography, obscenity, gambling, violence, murder, terror, religious or racial contents, or contents in relation to gender discrimination, infringement of privacy, abetment of crimes, or other contents making people unpleased by means of uploading, posting, or sending email, including but not limited to information, data, text, software, music, photos, graphics, or other materials.
b) To violate the fundamental principle determined by the Constitution.
c) To spread rumors, slander, or publish or diffuse other harmful information through the Internet.
d) To usurp or divulge state secrets, information, or military secrets through the Internet.
e) To incite ethnic hatred and discrimination and undermine national unity through the Internet.
f) To organize evil cults and contact members of evil cults through the Internet and hence jeopardize the implementation of the state laws and administrative regulations.
g) To hurt juveniles in any manner.
h) To pretend to be any person or organization, or falsely claim or mislead others to consider that they are related to any person or any organization.
i) To fabricate headlines or otherwise to mislead others to consider the contents released or distributed by them are released or distributed by TWIST.
j) To release or distribute contents that they have no right to release or distribute (for example, the internal materials and confidential information of TWIST) by means of uploading, posting, or sending emails.
k) To infringe any rights and interests of TWIST or any third party, including but not limited to releasing or distributing contents that infringe or may infringe others’ civil rights and interests, including but not limited to personal rights, any patents, trademarks, copyrights, trade secrets, or other intellectual property rights by means of uploading, posting, or sending email.
l) To release or distribute advertisements, promotional materials, junk mails, etc. by means of uploading, posting, sending emails, etc.
m) To release or distribute software viruses or other computer codes, files, and programs that may disturb, damage, or restrict the functions of software, hardware, or communication equipment by means of uploading, posting, email sending, or other ways.
n) To conduct any acts that may cause adverse influences to the normal operation of the Internet through the TWIST Online Services system, including but not limited to disturbing or damaging the TWIST Online Services or the servers and network relating to the TWIST Online Services, or do not abide by the provisions of the use of TWIST Platform.
o) To violate any related Hong Kong laws, regulations, rules, provisions, and other standards that have legal effects.
p) To trace or harass others in any other way.
10. Public Use Area of TWIST
a) "Public use area" refers to the area determined by TWIST at its own discretion where common Users can use in TWIST, including but not limited to any social media and online platforms of TWIST.
b) The contents that Users post, release, or upload to the public use area are deemed as contents that the Users authorize TWIST to use for free on a non-exclusive basis, and TWIST has the right to reproduce, edit, modify, and publish the above-mentioned contents to the extent as permitted by laws for the purpose of displaying, releasing, and promoting the contents. TWIST’s right to use will terminate upon the User’s deletion of the above-mentioned contents from TWIST.
c) Users shall be fully responsible for any claims for indemnification raised by any third party and any consequential damages or losses that TWIST needs to confront as a result of posting, releasing, or uploading by the Users at the public area.
11. Business Transactions with Advertisers
Users’ communications or contacts with advertisers or participation in promotions through the TWIST Online Services are only acts between the Users and advertisers. These have nothing to do with TWIST. TWIST will not assume any responsibility for the previously mentioned transactions and any damage or losses caused to the advertisers due to the TWIST Online Services. TWIST has also no obligations to examine or review the advertisements or advertisers.
12. About Linkage
TWIST Online Services may provide linkage to other websites or resources. TWIST does not guarantee whether the above mentioned websites or resources are usable or reliable. TWIST is not responsible for any losses or damage caused due to using or relying on the previously mentioned websites or resources.
13. Intellectual Property Rights and Other Rights of TWIST
a) Users shall not reproduce, sell, or use the contents related to the TWIST Online Services for any commercial purposes.
b) TWIST enjoys corresponding intellectual property rights and other rights as provided by appropriate laws and regulations for the TWIST Online Services and the software and related information and materials used by the TWIST Online Services.
c) The information and contents published and/or distributed by TWIST through the TWIST Online Services are protected by the copyright law, the trademark law, the patent law, and other laws. Users shall not modify, forward, lend, spread, or use them to create other things without the express authority of TWIST.
d) Users have a non-exclusive right of use toward the software used by the TWIST Online Services. However, the Users shall not reproduce, modify, sell, or use it to create other things, or permit any third party to do these.
e) Any design drawing, drawing, products, and service name relating to TWIST and the TWIST Online Services are all intellectual property rights of TWIST. No one shall use or reproduce them for any other purposes.
a) TWIST does not claim or guarantee the accuracy or reliability of any contents uploaded by any Users through the TWIST Online Services and downloaded or obtained directly or indirectly by any Users through or by linkage to the TWIST Online Services. In addition, TWIST shall not be responsible for the advertisements, information, or materials uploaded by any Users through the TWIST Online Services. Users shall be responsible for the risks of using the TWIST Online Services.
b) TWIST has the rights (but no obligation) to improve or correct any errors or mistakes in any part of the TWIST Online Services.
c) TWIST does not guarantee that:
i. The TWIST Online Services can meet all of the use requirements of the Users.
ii. The TWIST Online Services are not disturbed, are prompt, safe, reliable, or free of errors, including hacker attacks, network interruption, telecommunication problems, or other force majeure events and so on.
iii. The products, services, or other materials obtained by the Users through the TWIST Online Services can meet their expectations.
d) Users shall assume all risks for any materials downloaded or obtained through the TWIST Online Services and shall be fully responsible for system breakdown or loss of information due to the use.
e) The TWIST Platform and its contents are provided based on the existing data. Subject to related laws, TWIST will not offer any direct, indirect, accidental, consequential, and punitive compensation for any losses arising from the TWIST Online Services (including monetary interests and intangible losses).
f) Although TWIST has done its best to display the true features and colors of the products, it cannot guarantee that they can be displayed accurately at Users’ computers.
g) Subject to the related laws, TWIST will not offer any direct, indirect, accompanying, consequential, supplementary, or punitive compensation for the damage of Users’ profits, goodwill, or loss of information or other tangible or intangible losses due to the following reasons:
i. Access or no access to TWIST;
ii. Any products, information, or services purchased or obtained through the TWIST Online Services;
iii. Users information are used or modified without authorization;
iv. Other matters relating to the TWIST Online Services.
h) Users shall decide by themselves whether or not to use the search directory of TWIST when browsing the Internet. The search directory may lead Users to enter some aggressive or improper websites. TWIST has no obligations to examine the contents of the websites listed in the search directory. TWIST, therefore, is not responsible for the authenticity, completeness, correctness, legality, and appropriateness of these contents.
i) Any legal matters and disputes among TWIST’s Users have nothing to do with this Agreement and TWIST does not need to assume any responsibilities or obligations.
j) Without limitation to the preceding text, the contents of the TWIST Platform are provided according to the current situation and availability.
Users agree to compensate TWIST and its subsidiaries, affiliates, agents, or other partners and employees for any losses incurred due to the posting or transmitted contents from the Users through the TWIST Online Services, use of the TWIST Online Services by the Users, violation of the terms of this Agreement by the Users, or infringement of any rights of the others that cause TWIST to confront any claims of rights, infringement, or possible infringement by a third party, as well as any claims of civil rights and interests by a third party. Under any circumstances, TWIST reserves the right to pursue those Users who use the network to carry out any acts that infringe the rights of other people.
16. Updates, Changes, and Termination of the TWIST Online Services
TWIST has the right to stipulate and change the general measures for the use of the TWIST Online Services based on actual conditions, including but not limited to determine to retain email information or the time to upload contents, or restrict the number of email that an account of TWIST can receive, etc. If TWIST cannot store or delete the contents of the TWIST Online Services or other information, TWIST does not assume any responsibility for this. For accounts that have not been used for three months, TWIST has the right to delete them after first notifying the Users.
TWIST has the right to judge at its own discretion whether Users’ behaviors conform to this Agreement. If TWIST deems that the Users violate this Agreement, TWIST has the right to cease providing Users with the TWIST Online Services at any time. In addition, TWIST has the right to temporarily or permanently change or terminate all of or a part of the TWIST Online Services at any time without prior notice to Users. TWIST does not assume any responsibility to the Users and any third party for changing or terminating the TWIST Online Services. TWIST has the right to, for any reason, terminate Users’ accounts, passwords, or use of the TWIST Online Services, or to delete or transfer the contents stored and released by the Users at TWIST. TWIST does not need to give any notice before doing so. It also does not assume any responsibility for the Users and any third party.
Article 7 “Storage of and Restrictions to Users’ Information”, Article 9 “Forbidden Acts of Users”, Article 13 “Intellectual Property Rights and Other Rights of TWIST”, Article 14 “Disclaimer”, Article 15 “Compensation” and Article 18 “TWIST Trademark Information” will survive even if Users’ registration is cancelled or this Agreement terminates.
Generally speaking, notices from TWIST to Users are sent in the form of email or regular letters. Should the provisions of this Agreement be modified or other matters related to the TWIST Online Services be changed, TWIST will upload the related changes to the Platform as soon as possible.
18. TWIST Trademark Information
All trademarks of TWIST are owned by TWIST (hereinafter referred to as the “TWIST Trademarks”). Without prior written consent of the TWIST, Users agree to not display, use, or otherwise dispose of the TWIST Trademarks and, or indicate that you have the right to display, use, or otherwise dispose of TWIST Trademarks. Any acts or matters carried out by the Users on the TWIST Platform will not constitute a transfer of any intellectual property right or permission for the Users to use any intellectual property right.
19. Application and Jurisdiction of Laws
The laws of Hong Kong shall apply to the effect, interpretation, modification, implementation, and settlement of disputes of this Agreement. Where there is no related law, the generally-accepted international commercial practices and/or industry practices shall apply.
All disputes arising out of this Agreement shall be settled according to the laws of Hong Kong. The Hong Kong’s court of the place where TWIST is located shall be the court of first instance.
If there is any inconsistency or ambiguity between the English version and the Chinese version, the English version shall prevail.