The following provisions outline and govern your use of twintip.com (the “twintip.com Website”) and all other services made available to you through the twintip.com Website and platform. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE twintip.com Website. By using the twintip.com Website, you agree to be bound by these Terms and Conditions (“T&Cs”) which constitute a contract between you and PRODIGEE HOLDINGS PTY. LTD. (ACN 617218416) trading as twintip.com (“we” or “us”). If you do not agree to all of the provisions contained in these T&Cs either as a hobbyist sharing their knowledge (“expert”) or as a member booking time with an expert on the twintip.com website (“user”), DO NOT use the twintip.com Website.
We reserve the right to revise and update these T&Cs at any time. Please review these T&Cs periodically. Continued use of the twintip.com Website by you constitutes your acceptance of and agreement to any revised T&Cs.
It is a condition of these T&Cs that all information or content you post and/or submit to be posted or used on the twintip.com Website, including all advertisements, photos and creative designs, are either your own works or works which you are using with the permission of the owner. Subject to any other clauses of these T&Cs, by submitting information or content (including advertisements, photos and designs) to any part of the twintip.com Website you automatically grant to us, or warrant that the owner of such information has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, disseminate, communicate, perform, and display your name and the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed.
You warrant that any and all information you post to the twintip.com Website
- complies with all relevant laws;
- does not infringe the intellectual property rights (including but not limited to copyright and trade marks) of any person;
- is not misleading or deceptive nor likely to mislead or deceive; and
- does not violate any privacy laws or regulations or confidentiality restrictions.
You warrant that any and all information submitted by you and posted on the twintip.com Website, including in any directories, is true, complete and correct.
Review and Ratings
We may, in certain instances, allow users who engage with an expert through the Website to rate their experience with that expert. While we verify that feedback comes from users who engaged with the expert through the Website, the content of the feedback is the user’s opinion. The ratings are a collation of user feedback and do not constitute an endorsement or recommendation by us in connection with any expert. For more information please contact email@example.com Ratings are not a substitute for making your own judgements as to the suitability of any expert that you are considering meeting.
You acknowledge that in submitting any rating feedback you will act honestly and fairly and that you will not do anything which might unfairly damage the reputation of an expert or undermine the operation of the ratings system. We reserve the right to remove feedback from the star rating system which we deem to be inappropriate, deceptive or does not adhere to our company values.
Copyright in Reviews and comments
By accepting these T&Cs when registering your account or using our website, you hereby assign to us all present and future copyright in all of original content submitted or posted by you to the twintip.com Website. You also irrevocably authorise us to use the content in any way we please. For the avoidance of doubt, nothing in this paragraph requires you to create an account in order to be bound by these T&Cs, and your use of the twintip.com Website constitutes your agreement to these T&Cs.
Review of submissions
All posts, listings, adverts or collateral posted on the twintip.com Website are subject to review, alteration and deletion without prior notice by twintip.com. Please be aware that personally identifiable information you choose to disclose on the twintip.com Website may be used by third parties and such use is out of our control.
You must not post or make public any information which:
- is explicit, obscene, defamatory, offensive, sexually explicit, fraudulent, incorrect, illegal, or in conflict with the ownership or intellectual property rights of any other person, or
- contains any virus, meta-bug or other code which may contaminate or destroy to the files, data or programs of the twintip.com Website or any of our users.
We may deny you access to all or part of the twintip.com Website and or terminate or suspend your account without notice if we determine that you have engaged in conduct that violates any law or any provision of these T&Cs or is generally inappropriate. We will not be held liable for any financial, personal or other loss that may result form and suspension or termination of your account.
The twintip.com Website is provided on an ‘as is, with all faults and as available’ basis. To the extent permitted by law twintip.com is provided without any warranties or insurances of any nature, either expressed or implied, including without limitation any implied warranties of service, suitability for a certain purpose, or warranties arising from course of meeting or hobby. We do not confirm or make guarantee that any content of the twintip.com Website is fully accurate, complete, appropriate, reliable or timely. We also make no guarantee or warranty that your access to and use of the twintip.com Website will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components. We reserve the right to discontinue operating the twintip.com Website at any time without notice at our sole discretion.
Trademarks and Copyrights
All contents of the twintip.com Website, including trade marks, images, text, audio and video is owned by twintip.com or our affiliates, users or providers and is protected under Australian copyright law. You may not replicate content, themes or design displayed across the site without our express written permission. The site is for personal use only and will not be used commercially or to facilitate an different product or service offering. Any breach of this paragraph may be ground for us to pursue legal action and injunctive relief against you.
Use of the twintip.com Website
You are solely responsible for ensuring you have taken all necessary precautions you believe needed to protect you against any claim, damage, hazard or loss that may arise by virtue of your use of the twintip.com Website. For the avoidance of doubt, your use of the twintip.com Website is at your own risk. Neither we nor anyone else involved in creating, producing or delivering the twintip.com Website assumes any liability or responsibility for the accuracy, completeness or usefulness of any information provided therein, nor, to the extent permitted by law, shall any of them be liable for any indirect, direct, incidental, special, consequential or punitive damages arising out of your use of, or inability to use, the twintip.com Website.
You must not use any means of data mining or in any way interfere or attempt to interfere with the proper operation of the twintip.com Website.
You agree not to take any action that imposes an unreasonable burden on our technical or physical infrastructure or otherwise tampers or interferes with the twintip.com Website, our systems or data or those of any third party via the twintip.com Website.
We make every attempt to ensure we provide accurate information. Users reading articles or other material posted on the twintip.com Website should review the information carefully. The information is not intended in any way to be a substitute for professional advice. Neither the content nor any other service offered through the twintip.com Website is intended as professional advice.
We do not examine, determine or warrant the certification and / or licensing, competence, or information of any expert or person who has posted a listing in a specific locality (“local”). We rely on the experts and locals to provide accurate information and assume no responsibility for verifying the information provided. Use of our listings to locate an expert or local is wholly voluntary and, to the extent permitted by law, in no event will we or any of our agents be liable for damages to any user of our listings for the selection of an expert or local or for the services provided by any user on our platform, or for any other loss or damage which may occur as a result thereof. We recommend that you check the certification and relevant licensing and/or insurances you may want to consider before engaging in an activity related to listings on our website with the applicable authority.
It is your responsibility to satisfy yourself with the competence, solvency, insurances and licensing of anybody you decide to engage as a result of a connection made through our services. Under no circumstances shall we be liable for any damages whatsoever as a result of losses caused to you by a person or entity that you engage as a direct or indirect consequence of using our website and services.
You agree and acknowledge that the twintip.com website will take a 15% commission on any tip to facilitate the connection of an expert with a user. A default tip will be included at time of booking as per the experts guidance. This will be charged upon completion of the activity unless action by you is taken on the platform or by contacting twintip.com at firstname.lastname@example.org to prevent such charge from occurring. The default tip will be disclosed on the listing by the expert. By booking an expert through the listing, you acknowledge the amount disclosed on the listing as the default tip amount.
You acknowledge that the costs of connecting a user with an expert is borne by the platform and covered in any commission made by twintip.com. You acknowledge that it is a breach of these terms to scrape or facilitate time with experts or users if they were found through the twintip.com platform.
You must register and obtain a expert account in order to submit information as an expert to the twintip.com Website. After you have registered, one of our sales representatives will contact you to confirm your registration details. Your expert account will then be activated.
You must not disclose your password to any third party and you are responsible for keeping it confidential. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with an URL beginning with twintip.com. If you suspect any unauthorised use of your expert account or access to your password, please change your password immediately and contact us. You are solely responsible for any and all use of your expert account.
You may close your expert account at any time but you will remain liable for obligations related to your expert account after it has been closed. The sections in these T&Cs headed Copyright and Trade Marks, General Disclaimer, Disclaimer, Indemnification, Waiver, Release and Limitation of Liability and Third Party Rights will continue to apply once your expert account has been closed.
You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor’s fees, resulting from any violation of these T&Cs or any activity related to your expert account by you or any other person accessing the twintip.com Website using your expert account.
Waiver, Release and Limitation of Liability
You agree that to the extent permitted by law neither we, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the twintip.com Website. You hereby release and forever waive any and all claims you may have against us or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers (including but not limited to claims based upon our negligence or the negligence of our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers) for any loss or damage you sustain in connection with your use of the twintip.com Website. Our liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded will be limited to the maximum extent permissible which, in the case of services, will be to the re-supply of the relevant services or the payment of the cost of having the relevant services re-supplied.
Notwithstanding the foregoing paragraph, to the extent permitted by law, the total liability of us, our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers, if any, for any loss or damage arising in connection with the twintip.com Website shall not exceed the greater of the amount of fees or tip paid by you for the particular information or service provided or $150 AUD. Except where such limitation is prohibited by law, in no event shall we, our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers be liable to you for any loss or damage other than the amount referred to above, and their liability for all other loss or damage, whether direct or indirect, special, incidental, consequential or punitive, arising from any use of the twintip.com Website is hereby excluded even if we or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers have been advised of the possibility of such damages.
Neither we, nor any of our affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the twintip.com Website, or resulting from the act or omission of any other party involved in making the twintip.com Website or the information contained therein available to you, or from any other cause relating to your access to or your inability to access the twintip.com Website or that information, whether or not the circumstances giving rise to such cause may have been within our control or the control of any vendor providing software or services support to us.
Third Party Rights
The provisions of Indemnification and the Waiver, Release and Limitation of Liability are for our benefit and the benefit of our officers, directors, employees, agents, partners, advertisers, information providers, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Advertisers and sponsors of the twintip.com Website have no influence on editorial content or presentation.
You may not assign or transfer any of your rights or obligations under these T&Cs without our prior written consent.
Our relationship with you under these T&Cs is one of independent contractors and not of partnership, joint venture or principal and agent.
We will send any legal notices or communications regarding your expert account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with us should be via the “Contact Us” facility on the twintip.com Website. Any formal notices or communications should be sent to our postal address set out at the beginning of these T&Cs. A notice sent to you by email or facsimile will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice. Notices sent by mail will be deemed to have been received 3 days after the date of mailing (7 days if sent to or from outside Australia).
If any clause or provision of these T&Cs is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these T&Cs are to operate, then such clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these T&Cs without affecting the enforceability of all remaining clauses and provisions.
These T&Cs are governed by the laws of New South Wales, Australia.