These Terms of Service constitute a legally binding agreement between you (the user or client) and TWI LOGISTICS USA, INC., a Nevada corporation headquartered in Las Vegas, Nevada, United States. By accessing our website or using our services, you agree to be bound by these terms. If you do not agree with any part of these terms, you must not access our website or use our services.
1. Acceptance of Terms
By accessing, browsing, or using this website and any related services offered by TWI LOGISTICS USA, INC., you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and any applicable additional terms referenced herein. These terms apply to all visitors, users, and others who access or use our website or services. If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these terms.
2. Definitions
For the purposes of these Terms of Service, the following definitions apply:
- Company refers to TWI LOGISTICS USA, INC., also referred to as we, us, or our throughout these terms.
- Services refers to the computer systems design, consulting, software development, and related services provided by the Company.
- Website refers to the website operated by the Company at the domain associated with this service.
- User refers to any individual or entity accessing or using the Website or Services.
- Content refers to all text, graphics, images, logos, software, and other materials displayed or available through the Website.
3. Services Description
TWI LOGISTICS USA, INC. provides computer systems design and related services, including but not limited to systems architecture, cloud infrastructure consulting, custom software development, cybersecurity assessments, data engineering, and IT advisory services. The specific scope, deliverables, timelines, and fees for any engagement will be defined in a separate written agreement executed by both parties. These Terms of Service govern the general use of our website and provide baseline terms applicable to all interactions with the Company.
4. Intellectual Property Rights
All intellectual property rights in the Website, its content, and any deliverables created by the Company in the course of providing Services, including but not limited to software code, designs, architectures, documentation, methodologies, and proprietary frameworks, are owned by TWI LOGISTICS USA, INC. or its licensors. Upon full payment for Services, the Company grants the client a non-exclusive, non-transferable license to use the deliverables for their intended business purpose. The Company retains all rights to its pre-existing intellectual property and any tools, libraries, or frameworks used in the development process.
5. User Obligations
As a user of our Website and Services, you agree to:
- Provide accurate, current, and complete information when using our contact forms or engaging our Services
- Maintain the confidentiality of any account credentials or access credentials provided to you
- Use the Website and Services only for lawful purposes and in compliance with all applicable laws and regulations
- Not engage in any activity that disrupts or interferes with the proper functioning of the Website or Services
- Not attempt to gain unauthorized access to any part of the Website, our systems, or networks
- Not use the Website to transmit any harmful code, viruses, malware, or other malicious content
- Not reproduce, distribute, modify, or create derivative works from our content without prior written authorization
6. Confidentiality
Both parties agree to maintain the confidentiality of all confidential information disclosed during the course of any engagement. Confidential information includes but is not limited to business strategies, technical data, source code, financial information, client lists, trade secrets, and proprietary methodologies. This obligation survives the termination of any agreement between the parties. Confidential information does not include information that is or becomes publicly available through no fault of the receiving party, is already known to the receiving party without restriction, or is independently developed without reference to the disclosing party's confidential information.
7. Limitation of Liability
To the maximum extent permitted by applicable law, TWI LOGISTICS USA, INC. and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Website or Services. This includes but is not limited to damages for loss of profits, data, goodwill, business interruption, or computer failure, even if the Company has been advised of the possibility of such damages. Our total liability for any claim arising out of or relating to these terms or our Services shall not exceed the amount paid by you to us for the specific service giving rise to the claim during the twelve months preceding the event giving rise to liability.
8. Disclaimer of Warranties
The Website and Services are provided on an as-is and as-available basis without any warranties of any kind, either express or implied. The Company disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company does not warrant that the Website will be uninterrupted, error-free, secure, or free from viruses or other harmful components. While we strive to provide accurate and up-to-date information, we make no representations or warranties regarding the accuracy, completeness, or reliability of any content on the Website.
9. Indemnification
You agree to indemnify, defend, and hold harmless TWI LOGISTICS USA, INC., its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses arising out of or related to your use of the Website, your violation of these Terms of Service, or your violation of any rights of another party. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.
10. Termination
We reserve the right to terminate or suspend your access to our Website and Services, without prior notice or liability, for any reason, including if you breach these Terms of Service. Upon termination, your right to use the Website and Services will immediately cease. Any provisions of these Terms of Service that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, indemnification, and limitations of liability.
11. Governing Law and Dispute Resolution
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Nevada, United States, without regard to its conflict of law provisions. Any disputes arising out of or relating to these terms or the use of our Services shall be resolved through binding arbitration in Clark County, Nevada, in accordance with the rules of the American Arbitration Association. Each party shall bear its own costs and attorneys fees, unless the arbitrator determines that a party has acted in bad faith or in violation of applicable law. You agree that any claim or cause of action arising out of or related to these terms or our Services must be filed within one year after the cause of action accrues, or it will be permanently barred.
12. Entire Agreement
These Terms of Service, together with any separate written agreement for Services and our Privacy Policy, constitute the entire agreement between you and TWI LOGISTICS USA, INC. regarding your use of the Website and our Services. They supersede all prior agreements, understandings, representations, and discussions, whether written or oral. No modification of these terms shall be effective unless in writing and signed by both parties.
13. Severability
If any provision of these Terms of Service is held to be unenforceable or invalid under applicable law, such provision shall be modified to achieve its intended purpose to the maximum extent possible under applicable law, or shall be severed from the remaining provisions, which shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these terms.
14. Waiver
No waiver of any term or condition of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by the Company to assert a right or provision under these terms shall not constitute a waiver of that right or provision. All waivers must be in writing and signed by the party against whom enforcement is sought.
15. Force Majeure
Neither party shall be liable for any failure or delay in performance of its obligations under these terms arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including but not limited to acts of God, earthquakes, fires, floods, pandemics, wars, terrorism, civil unrest, strikes, labor disputes, government actions, internet service interruptions, supply chain disruptions, or any other event that is unforeseeable and beyond the party's reasonable control.
16. Relationship of Parties
Nothing in these Terms of Service shall be construed to create a partnership, joint venture, agency, franchise, or employment relationship between you and TWI LOGISTICS USA, INC. Neither party has the authority to bind the other or to incur any obligation on the other's behalf without the other party's express prior written consent. Each party is an independent contractor and shall remain solely responsible for its own employees, agents, and operations.
17. Electronic Communications
By using our Website and Services, you consent to receive electronic communications from us. These communications may include emails regarding your inquiries, service updates, administrative messages, and other information related to your use of our Services. You agree that any agreements, notices, disclosures, or other communications that we send to you electronically satisfy any legal requirement that such communications be in writing.
18. Contact Information
If you have any questions about these Terms of Service, please contact us:
Organization: TWI LOGISTICS USA, INC.
Developer: TWI Logistics
Address: 6425 Montessouri St Ste 200, Las Vegas, NV 89113-1187, United States
Email: serve@twilogistics.hair
Phone: +1 (254) 845-9875