Legal documents
These Terms and Conditions (“Terms”) form a binding legal agreement between you (“you”, “User”, "Partner") and Webonweb B.V. (“Company,” “we,” “us,” or “our”), concerning your access to and use of the TwikPMS software and any other services provided through our website: twikpms.com (the “Website”) (referred to as “Services”).
Your consent to these Terms is signified by clicking, marking, or activating a checkbox or button indicating your agreement on the Website, completing the Website’s registration process, or utilizing any Services we offer.
BY ENGAGING WITH THE WEBSITE OR CLICKING TO CONFIRM YOUR ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE AND CONSENT TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, LOCATED AT TWIKPMS.COM/LEGAL/TERMS, WHICH IS INCORPORATED HEREIN BY REFERENCE. SHOULD YOU DISAGREE WITH THESE TERMS OR THE PRIVACY POLICY, YOU ARE ADVISED NOT TO ACCESS OR UTILIZE THE WEBSITE AND SERVICES.
Your use of the Website affirms that you are of legal age to enter into a contract under applicable law and meet all the eligibility criteria set forth. Access or use of the Website is not permitted for those who do not meet these criteria.
These Terms and Conditions shall apply to all Agreements concluded between Company and Partner or to whoever is using services provided by Company and/or has access to TwikPMS Platform.
These Terms and Conditions are published on the TwikPMS website and form an integral part of the Agreement.
In accordance with these Terms and Conditions, Webonweb B.V. will provide the Partner access to the TwikPMS Platform and deliver other Services as outlined in the Agreement. In return, the Partner agrees to compensate Webonweb B.V. according to the Fee schedule detailed in the Agreement.
Webonweb B.V. will provide its Services except when hindered by factors outside its reasonable control. This includes, but is not limited to, Force Majeure Events, failures in computers, communication lines, internet services, or hosting facilities, as well as delays related to hardware, software, electricity, or other systems not owned or directly managed by Webonweb B.V.. Additionally, access to Webonweb B.V. Services may occasionally be limited or disrupted temporarily for maintenance, repair, modifications, upgrades, or relocation activities.
During the registration process, the Partner is required to designate username(s) and email contact(s) for their TwikPMS Account, after which they will establish password(s).
We reserve the right to adjust the subscription fees at our sole discretion and at any time. You will receive at least 30 days' notice of any fee changes (this may include notification via email), providing you the chance to cancel your subscription before the new fees are applied. If you continue to use the services after the fee adjustment takes effect, it will be considered as your definitive acceptance of the new subscription fees.
All fees you pay to us are non-refundable, except as mandated by law.
When setting up an account with us, it's essential that the information you provide is accurate, complete, and up-to-date at all times. Not maintaining the accuracy of your account information is considered a violation of our Terms, leading to the possible immediate cancellation of your account on our website and access to our services.
It's your duty to protect the password you use to access our services and to be responsible for any activity under your account. We advise enabling two-factor authentication (2FA) for added security.
You agree to keep your password confidential and not share it with anyone else. Should you suspect any security compromise or unauthorized access to your account, it's imperative that you inform us without delay.
By accessing and using this Website, you acknowledge and agree that the Website, along with all its content, features, and functionality — including but not limited to all information, software, code, text, displays, graphics, photos, video, audio, and the design, presentation, selection, and arrangement thereof — are owned by us, our licensors, or other content providers. These elements are protected by intellectual property laws, encompassing copyright, trademark, patent, trade secrets, and other proprietary rights.
Our trademarks, including our name, logo, and any related product and service names, designs, and slogans, are owned by us or our affiliates or licensors. You are not allowed to use these trademarks without our explicit prior written consent. Trademarks belonging to other parties that are mentioned or appear on the Website are the property of their respective owners. Unauthorized use of any such trademarks or content may constitute a violation of intellectual property laws and could lead to legal proceedings.
You are not permitted to alter or modify any materials obtained from this Website, nor remove or tamper with any copyright, trademark, or other proprietary notices included in those materials. Any unauthorized printing, copying, or downloading of any Website content that contravenes these Terms immediately terminates your right to use the Website. You must then, according to our discretion, return or destroy any copies of the materials you have made.
You acquire no ownership rights, title, or interest in or to the Website or any content on the Website, and we reserve all rights not explicitly granted to you. Any use of the Website not directly allowed by these Terms constitutes a breach and may violate copyright, trademark, and other laws.
Our Website may contain links to third-party websites or services that are not owned or controlled by us. 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 we 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 the 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.
Unless prohibited by law, the Company, along with its parents, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors, shall not be liable for any type of damages, including negligence, gross negligence, misrepresentation, or any other kind of damage, under any legal theory. This includes direct, indirect, special, incidental, consequential, or punitive damages arising from your use, inability to use, or reliance on the Website, its content, any services or items obtained through the Website, or any third-party websites linked to it. This limitation of liability applies even if there was a possibility of such damages and includes, but is not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, profits, business, anticipated savings, use, goodwill, data, and any other losses resulting from tort (including negligence), contract breaches, privacy breaches, or any other cause, even if previously advised of the possibility of such damages.
By choosing to use this Website, its content, and any services or items obtained through it, you acknowledge and agree that you do so at your own risk. The Website and everything offered through it are available on an "as is" and "as available" basis, with no guarantees or warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. This exclusion does not override any warranties which are incapable of exclusion under applicable law.
The Company and its affiliates, along with their directors, officers, employees, agents, service providers, contractors, licensors, licensees, and suppliers, do not guarantee the completeness, security, reliability, suitability, accuracy, or availability of the Website or its content. Specifically, we do not promise that the use of our Website will be error-free or uninterrupted, that defects will be corrected, or that the site or the server that makes it available are free from viruses or other harmful components.
We also do not ensure that files or data downloaded from the Internet or the Website will be free of viruses or destructive code. You bear full responsibility for securing your computer, internet access, and data. To the maximum extent permitted by law, we will not be liable for any loss or damage caused by a denial-of-service attack, distributed denial-of-service attacks, or other technologically harmful materials that may infect your computer equipment, programs, data, or other proprietary material through your use of the Website or any services or items obtained through it, or on any website linked to it.
Within the limits allowed by the law, you agree to defend, indemnify, and protect the Company, along with its parent companies, subsidiaries, affiliates, and their directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) that arise from or are related to your violation of these Terms or your use of the Services and the Website. This includes unauthorized use of the Website's content, services, and products, as well as any use of third-party sites, beyond what is explicitly permitted by these Terms.
We hold the exclusive right to amend and update these Terms at our discretion. Such changes take effect immediately once posted and are applicable to all subsequent access and use of the Services. By continuing to use the Services, you commit to regularly checking these Terms for any updates, acknowledging that your ongoing use constitutes acceptance of any revisions.
We reserve the right to modify, remove, or discontinue any part of this Website or its content at our sole discretion, without any prior notice. We bear no responsibility if the Website or any portion of it becomes inaccessible to users or is unavailable at any given time or for any duration.
These terms were last updated: 3 april 2024