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These Terms of Service (the ‘Terms’) set out the terms and conditions of use of:
- this website (the ‘Twizo Website’) and
- the products offered through it, including the Twizo Application Program Interface (the ‘Twizo API’)
and form a contract between the User and Twizo under which
- Twizo (and ‘we’, ‘us’, ‘our’, etc.) means Silverstreet International Pte Ltd (reg’d no 201324388H) of 12A Sago Street, Singapore, 059014 trading as Twizo and
- User (and ‘you’, ‘your’, etc.) means you as an individual or, if you are using the Twizo Website or the Twizo API on behalf of an entity, that entity
Use of the Twizo API
Part 1 of the Terms governs your use of the Twizo API.
- By registering to use the Twizo API you accept and agree to be bound by such Terms.
- If there is a conflict between the Terms and additional terms applicable to the Twizo API as set out in the API documentation, those additional terms will prevail to the extent of the conflict.
- Some of the Twizo API software includes software that is available under an open source licence. If and to the extent that the terms of any such open source software supersede the Terms, the open source licence instead sets out your agreement with us for the applicable open source software.
Use of the Twizo Website
Part 2 of the Terms governs your use of the Twizo Website and, where relevant, your use of the Twizo API.
By using the Twizo Website or by using the Twizo API you accept and agree to be bound by such Terms. If you disagree with them, or any part of them, you must not use the Twizo Website and must exit from it immediately or, if you are using the Twizo API you must must discontinue your use of it immediately.
Updates to the Terms
We may update the Twizo Website and/or the Twizo API and/or the Terms at any time and from time to time to, for example, reflect changes to the law or changes to the Twizo API.
If you are a current registered user of the Twizo API then, to the extent that we consider at our discretion that an update is material, we will notify you of that update by email to your registered email address. We will do so as soon as reasonably practicable after we decide to make and implement the update. However, this notification requirement shall not prevent us:
- making any legal, ‘mission critical’ or other ‘no choice’-type updates and/or
- adding any new function to the Twizo API,
without any prior notice to you
Whether or not we notify you of an update, by continuing to use the Twizo Website and/or the Twizo API (as the case may require) after any such update you agree to the relevant update(s) and are bound by it. Updates:
- will not apply retrospectively and
- will become effective no sooner than:
- if we notify you about them, the date stated in that notification or
- 30 days after we make them or
- if the update addresses a new function of the Twizo API or we make them for any legal, ‘mission critical’ or other ‘no choice’-type reasons, immediately and
- will be highlighted for at least 60 days after we make them – you should view the Terms regularly for any such changes
If you do not agree to the update Terms for the Twizo API you must discontinue your use of it immediately.
1.1 Our obligations
When you register to use the Twizo API, we agree that:
- we will make the Twizo API available to you in accordance with the Terms and use commercially reasonable efforts to ensure that the Twizo API performs as described on the Twizo Website and
- to the extent that we collect personal data or personally identifiable information from you as part of the registration and/or payment process:
- we will rely on your express consent at the point of registration to us collecting, using or disclosing the personal data you provide to us for the purposes of your registration and use of the Twizo API, including payment for such use and
- we will use and disclose it only for those purposes or as otherwise required by law
Despite our reasonable commercial efforts, the Twizo Website may contain errors and omissions in pricing. If you register to use the Twizo API on the basis of erroneous pricing that is lower than the correct pricing and you decide to terminate your account for that reason, please notify us of that decision. If you do so before you have used the Twizo API we will refund you the pre-purchased credit in your account with us to the payment card or PayPal account from which it was paid to us.
1.2 Your obligations to us
In addition to the other obligations set out in the Terms, by registering to use the Twizo API you agree with us that:
- the information you provide us for such registration (that is, identification and contact details) or as part of your continued use of the Twizo API (that is, payment card details and, where reasonably necessary, information about your use of the Twizo API) is true and correct
- you will gain access, or attempt to gain access, to the Twizo API only in the way set out in the API documentation and/or on the Twizo Website
- you will use the Twizo API only in accordance with the Terms and any additional terms applicable to the Twizo API as set out in the API documentation
- you will use the username and password we issue to you to gain access to and use the Twizo API and not misrepresent or mask, or attempt to misrepresent or mask, your identity when using the Twizo API
- you will take reasonable steps to ensure that the username and password we issue to you to access the Twizo API are securely protected and not shared with, or disclosed to, any other person
- you will be responsible for any use or misuse of the Twizo API using such username and password
- you are not a person barred from using or receiving the Twizo API under any law applicable to you (such as a law in the country in which you live or, if different, the country from which you use the Twizo API)
2. Pricing and payment
The price for each transaction sent through the Twizo API at the time you use the Twizo API is specified on the Twizo Website. We may change that pricing at any time and from time to time. By using the Twizo API you agree to pay to us the amount specified on the Twizo Website at that time.
To use the Twizo API you must first pre-purchase credit by using a Visa-branded or MasterCard-branded payment card or a PayPal account.
You warrant that the payment card or PayPal account used for payment is your own or that you are authorised to use it for the purpose of using the Twizo API.
Unused credit will remain valid for a maximum period of 12 months from the date of purchase. All amounts are non-refundable, except as specifically provided in the Terms.
3. Content of transactions
You must not use the Twizo API:
- to send any transactions that are prohibited by, or do not comply with, any applicable law or regulation, including:
- any anti-spam or ‘do-not-call’ or other laws or regulations related to direct marketing or
- any laws or regulations regarding the import or export of data or software or privacy/data protection or
- to send any commercial transactions (for example, content offering or promoting goods, services, business opportunities or investment opportunities) without any consent of the recipient that may be required by applicable local law or
- to promote or facilitate unlawful online gambling or other unlawful online activity or
- to send any transactions that:
- are obscene, offensive, defamatory, threatening, abusive or misleading or that harass or stalk others
- conceal or misrepresent your identity or
- infringe any person’s intellectual property rights or
- breach any obligation of confidentiality or
- are, or are otherwise, in breach of any applicable law or
- encourage or promote any illegal activity or violate any third party contractual, statutory or other rights
4. Reasonable use of the Twizo API
To ensure the Twizo API remains available to our customers generally, we reserve the right to limit your use of the Twizo API to levels that we consider in our sole discretion to be reasonable. For example, we might consider your use of the Twizo API to be unreasonable if:
- you are sending an unusually large number of transactions compared with the number of recipients in your address book or
- your use of the Twizo API interferes with its performance generally and/or with its availability to our customers generally
You agree to, and agree not to attempt to circumvent, such limitations. If you would like to use the Twizo API in a way that we consider in our sole discretion to be legitimate but is beyond a limitation described above, please let us know. We might:
- provide you with express consent to do so or
- decline to provide such express consent with or without ascribing a reason for doing so or
- provide such consent on terms additional to the Terms and/or in consideration of pricing that is different from the pricing shown on the Twizo Website
5. Restrictions on use of the Twizo API
You may use the Twizo API only for the purposes of your own business or for your own personal purposes.
You must not use the Twizo API, or permit anyone else to use the Twizo API, for any purpose that involves you re-selling or re-supplying its functionality to any third party whatsoever and whether for profit or not.
You must not use the Twizo API, or permit anyone else to use the Twizo API, in any way that:
- may intentionally introduce to it any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature
- disrupts or interferes with, or attempts to disrupt or interfere with, the Twizo API or any of its services or any of our servers or networks providing the Twizo API or
- breaks or circumvents or attempts to break or circumvent the security of the Twizo API or
- results in any impairment to a computer network or system or any part thereof or the integrity or availability of data, a program or system, or information gains or attempts to gain unauthorised access to any data in any computer network or system
In addition, you must not reverse engineer or attempt to extract the source code from the Twizo API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
6. Data protection/privacy law compliance
Where you use the Twizo API for business purposes and you are subject to any data protection or similar law, by using the Twizo API you warrant that you have obtained any necessary consents from relevant data subjects to provide personal data/personally identifiable information to us and, unless you are located in the Netherlands or Singapore, in a country outside your home country.
We may when reasonably necessary make any such personal data/personally identifiable information accessible to members of our Customer Support team on a strictly ‘need-to-know’ basis and in accordance with our access level policies. We will not use it for any purpose whatsoever other than to support the use of the Twizo API and we will not disclose it to any third party (except in the unlikely case of our being compelled by law to do so (such as where we are served with a subpoena or other Court order)).
7. Our right to monitor and terminate your use of the Twizo API
We may at any time and from time to time monitor your use of the Twizo API at our sole discretion for the purpose of determining whether or not your use complies with the Terms at that time.
We will not use any data logs or records on our system for any other purpose than such monitoring and will not disclose them or any part of them except under compulsion of law.
You must not interfere with this monitoring and, if you do so or attempt to do so, we may use any technical means to overcome such interference and will not be liable to you in any way whatsoever for doing so.
We may at our sole discretion suspend or terminate your use of the Twizo API without notice if we reasonably suspect or believe that your use of it does not comply with the Terms.
8. Terminating your use of the Twizo API
You may stop using the Twizo API at any time with or without notice to us. However, so long as you are using the Twizo API you may not terminate the contract formed by your acceptance of the Terms (including any updates to them).
We have the right with or without notice to you:
- to terminate your use of the Twizo API:
- in the circumstances set out in the Terms or
- otherwise where we reasonably consider in our sole discretion that termination is necessary to protect our business interests and/or
- to at any time and from time to time:
- discontinue providing the Twizo API or any part or feature of the Twizo API on the Twizo Website or
- otherwise or change or substitute features of the Twizo API and/or the Twizo Website,
for any reason (and without necessarily ascribing a reason) without liability or any other obligation to you
Upon any such termination or discontinuation:
- you must immediately stop using the Twizo API and
- you are not entitled to any refund of any amount that is standing as a credit against you in our records and
- the sections of the Terms that by their nature are intended to continue indefinitely will continue to apply
There are two main kinds of cookies: session cookies and persistent cookies. Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.
We automatically collect data about your usage of the Twizo Website and those websites you reach by clicking on advertising, but that data is not ‘personal data’ or ‘personally identifiable information’ because it does not identify you. This includes your IP address, browser type, operating geography, pages visited, and links clicked. This information is used to personalise your experience on the Twizo Website and the websites of our advertisers as it enables us to display relevant content, services and advertising to the appropriate audience.
If you access our website from a mobile or other device, we may collect a unique device identifier assigned to that device.
We collect data about which of the Twizo Website pages are most frequently visited and by which types of users (that is, registered users and other users) from which countries.
We use registration cookies to track if registered users are logged in to our website. This allows you to access services that require registration, such as using the Twizo API. You must enable us to place cookies on your computer to register and use our services that require registration.
Placing cookies on your computer means that we may serve you advertisements possibly more interesting to you and allows us to control the number of time you see advertisements and measure effectiveness of advertising campaigns.
You can turn cookies off, but if you do this, you may not be able to use some services on the Twizo Website and you might see more pop-ups and other intrusive advertising, as we will not be able to limit what you see using cookies. You will however still be able to view the Twizo Website.
Most browsers enable you to refuse to accept cookies. Please see the ‘help’ instructions for your browser to find out how to refuse them, but note that refusing cookies will likely negatively impact the convenience of your use of the Twizo Website.
Google Adsense interest-based advertisements appear on the Twizo Website. Google tailors them to reflect your interests, which are determined by tracking your behavior across the Internet using cookies. You can view, delete or add interest categories associated with your browser by using Google’s Ads Preference Manager, available at
http://www.google.com/ads/preferences/. You can opt-out of the Adsense partner network cookie at
http://www.google.com/privacy_ads.html. Please note that this opt-out mechanism uses a cookie and if you clear the cookies from your browser your opt-out will not be maintained. To maintain your opt-out for a particular browser, you will need to use the Google browser plug-in that you can download from
10. Intellectual Property
Twizo and/or its licensors own the intellectual property rights in the Twizo Website and all material on the Twizo Website, including the Twizo API (collectively, the ‘Twizo IP’). Subject to the licence below, all these Twizo IP rights are reserved.
You may use the Twizo API in accordance with Part 1 of the Terms. In addition, you may view, download for caching purposes only and print pages from the Twizo Website for purposes that are consistent with you being an actual or potential user of the Twizo API, subject to the restrictions below and any other applicable restrictions in the Terms in connection with the Twizo API.
The restrictions here are that you must not:
- republish material from the Twizo Website (including republication on another website) or
- sell, rent or sub-licence material from the Twizo Website (including the Twizo API) or
- show any material from the Twizo Website (including the Twizo API) in public
- reproduce, duplicate, copy or otherwise exploit material on the Twizo Website for a commercial purpose, except the Twizo API in accordance with Part 1 of the Terms
11. Acceptable use of the Twizo Website
Without derogating from the restrictions on use of the Twizo API in the Terms:
- you must not use the Twizo Website in any way that causes, or may cause, damage to the Twizo Website or impairment of the availability of accessibility of the Twizo Website (including the Twizo API) or in any way which is unlawful, illegal, fraudulent or harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity and
- you must not use the Twizo Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke-logger, rootkit or other malicious computer software and
- you must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Twizo Website without the express written consent of Twizo
We provide the Twizo API and the Twizo Website on an ‘as is’ basis. Except as expressly set out in the Terms, to the extent permitted by applicable law neither we nor our directors, officers, employees, agents, contractors or suppliers (collectively, ‘Affiliates’):
- give or make any representation, warranty, guarantee, condition or undertaking (either express or implied) as to:
- the reliability, availability, quality or performance of the Twizo API and/or the Twizo Website or
- including where we have obtained their consent, our right to use the intellectual property of any third parties in the Twizo API and/or the Twizo Website or the use of such intellectual property not being in violation of the rights of other third parties
- accept any responsibility arising in any way (including from negligence) for errors in, or omissions from, the Twizo API and/or the Twizo Website
13. Limitation of liability
To the extent permitted by applicable law, the aggregate liability of Twizo and its Affiliates for any loss, damage, claim, liability, cost or expense suffered or incurred by you arising from:
- your use of the Twizo API and/or the Twizo Website or
- your reliance on information obtained from or from using the Twizo API and/or the Twizo Website, whether under breach of contract, tort (including negligence) or on any other basis will not exceed the greater of:
- the total amount or amounts you have paid to us for the use of the Twizo API in the three months immediately preceding the event giving rise to the loss, damage, claim, liability, cost or expense and
except that such cap will not apply to any claim, action or demand relating to personal injury or death caused by our negligence, to fraud or fraudulent misrepresentation on our part or to any matter about which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, our liability
Neither Twizo nor its Affiliates will be liable for any loss of revenue or profits, loss of goodwill, loss or corruption of data, interruption of business or indirect, incidental, special or consequential damages of any kind suffered or incurred by you, however they arise and regardless of whether they could have been foreseen or prevented by Twizo or any of its Affiliates.
Unless prohibited by applicable law, you will defend and indemnify Twizo and its Affiliates and customers against all liabilities, damages, losses, costs, fees and expenses (including legal fees and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers):
- arising out of any breach by you of any provision of the Terms or
- arising out of any claim that you have breached any provision of the Terms
- or relating to any allegation or third-party legal proceeding to the extent arising from:
- your misuse of the Twizo API and/or the Twizo Website
- your breach of any of the Terms
- any content or data routed into or used with the Twizo API by you or by anyone else using your username and password
By using the Twizo API and/or the Twizo Website, you agree that the exclusions and limitations of liability set out in the Terms are reasonable. If you do not think they are reasonable, you must not use the Twizo API and/or the Twizo Website.
16.1 Enforceability and Severance
If any provision of the Terms is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the terms.
If a provision of the Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted and the rest of the provision will continue in effect.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under the Terms without notifying you or obtaining your consent. You may not transfer, sub contract or otherwise deal with your rights and/or obligations under the Terms.
16.3 Entire agreement
The Terms and, if you use the Twizo API, the API documentation constitute the entire agreement between you and us in relation to your use of the Twizo API and/or the Twizo Website and supersede all previous agreements in respect of your use of the Twizo API and/or the Twizo Website.
16.4 Third party rights
The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party's ability to seek injunctive relief.
Without limiting the generality of the above, an individual or entity who is not a party to the Terms has no right under the Contracts (Right of Third Parties) Act (Cap. 53B) or under any other similar legislation of any jurisdiction to enforce any provision of the Terms, but this does not affect any right or remedy of a third party that exists or is available apart from such Act or other legislation.
16.5 Waivers; remedies; cumulative remedies
No delay in the exercise of any right is deemed a waiver of that right, nor does the waiver of a right or remedy in a particular instance constitute a waiver of such right or remedy generally.
All remedies, rights, undertakings, obligations and agreements contemplated by the Terms are cumulative and in addition to other rights and remedies available at law and/or equity.
16.6 Law and jurisdiction
The Terms will be governed by and constructed in accordance with the laws of Singapore and any disputes relating to the Terms will be subject to the non-exclusive jurisdiction of the Courts of Singapore.