These Twitter Commerce Terms (“Commerce Terms”) govern your use of Twitter’s commerce features and online services (collectively, “Commerce Features”), including the Buy now features and services (“Buy Now Features”), that allow you to purchase goods and services (“Products”) from third-party merchants (“Merchants”).
By accessing or using any of the Commerce Features, you agree that you have read and agree to be bound by these Commerce Terms. If you are an individual acting on behalf of an entity, you represent and warrant that you have the appropriate authority to accept this agreement on behalf of that entity.
If you do not agree to these Commerce Terms, do not access or use any of the Commerce Features. In addition to these Commerce Terms, the Twitter Terms of Service located at https://twitter.com/tos (“Terms of Service”), apply to your use of the Twitter service, including any Commerce Features. To the extent a conflict exists between these Commerce Terms and the Terms of Service, these Commerce Terms prevail only to the extent of the conflict.
I. BUY NOW FEATURES
The following terms apply to your use of the Buy Now Features.
A. YOUR RELATIONSHIP WITH THE MERCHANT
When you make a purchase via the Buy Now Features, you are purchasing a Product from a Merchant, and not Twitter.
1. Product Listing
a. Content. Each Twitter card that makes the Buy Now Features available (a “Buy Now Card”) contains content provided by the Merchant, including but not limited to the item description, product images, product availability, price and information about shipping, handling, returns and other issues (collectively, “Product Listing”).
b. Read Product Listing. You are responsible for reading the Product Listing for any item before purchasing that item.
c. Change in Price. You agree that Merchants, and not Twitter, are solely responsible for establishing any Product price and setting the terms upon which such prices may be modified.
a. Shipping. The Merchant handles order fulfillment, including shipping and handling. We require the Merchant to provide a brief description of the Merchant’s shipping and handling policy in the Product Listing. We also require the Merchant to provide a link to its terms, which may include further information about its shipping and handling policy. Twitter does not handle any shipping or order fulfilment and therefore assumes no liability for shipping.
b. Title and Loss. The transfer of title and risk of loss for any Product you purchase using the Buy Now Features is solely between you and the Merchant. Twitter is not responsible or liable for any Product loss, destruction or other damage, whether during delivery or otherwise.
a. Read Merchant Policy. You are responsible for reading the Merchant’s return details and policy before making a purchase though the Buy Now Features.
b. Follow Merchant Policy. All returns of Products purchased through the Buy Now Features are subject to the Merchant’s return policy. You agree to follow the Merchant’s instructions for return, which may include details on initiating the return, shipping procedures and return shipping costs.
a. Customer Service. You agree that you will direct all customer service inquiries, complaints, problems and other issues, including disputes, to the Merchant who sold the Product you purchased.
b. Merchant Disputes. Twitter does not handle disputes on behalf of the Merchant. If you report any customer service issues relating to a purchase made through Buy Now Features to Twitter, we may forward that communication to the appropriate Merchant.
B. YOUR USE OF BUY NOW FEATURES PROVIDED BY TWITTER
1. Before You Make A Purchase – Eligibility
a. Contact Information. You must include true and accurate contact information in your account and profile settings to allow Twitter and Merchants to contact you about your purchases and other information about your transactions. You will not impersonate any person or entity, or otherwise mislead as to the buyer’s identity.
b. Location. You agree to use the Buy Now Features only where they are offered.
c. Age. You represent and warrant that you are at least 18 years old and able to form legally binding contracts under applicable law.
2. Buy Now Card
a. Merchant’s Content Only. Twitter does not create content or information about the Merchant or Product. You agree that Twitter is not responsible or liable for any content provided by the Merchant in a Buy Now Card, including the Tweet, Product Listing or any links, terms or other content posted by the Merchant.
b. Product Listing. Twitter does not warrant or represent that Product Listings or any other content shown through Buy Now Cards are accurate, complete, error-free, or reliable. You agree you will not hold Twitter liable for any Product Listings. Twitter has the right, but no obligation, to monitor, edit or remove any content used for Buy Now Cards, including Product Listings.
c. No Endorsement or Guarantees. Twitter does not endorse, sponsor, recommend, or make any guarantees about the Products, Product Listings or Merchants. Nor does any reference to products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise constitute or imply Twitter’s endorsement, sponsorship or recommendation thereof.
3. Transaction and Payment
a. Authorized Use of Payment Method. By making a purchase using the Buy Now Features, you confirm that you are authorized to use the credit or debit card you provide for payment.
b. Valid Payment Method. You must make all purchases with a valid credit or debit card supported by the Buy Now Features platform.
c. Full Amount For Payment. You are responsible for the total price for your purchase, including any taxes, fees and shipping and handling costs.
e. Card Issuer Fees. You are responsible for any fees assessed by your debit or credit card issuer, including but not limited to any overdraft, currency conversion or foreign transaction fees.
g. Receipts. Twitter does not provide receipts for your purchases, and relies on the Merchant to send you a receipt.
4. Twitter as Platform
a. Twitter Service as Platform. Twitter only provides the platform for facilitating the transaction and user services as expressly set forth in these Commerce Terms and the Twitter Terms of Service. Twitter assumes no responsibility or liability for the Product Listing, Products, order fulfillment (including shipping and returns), the actions or inaction of Merchants, or any dispute or communications you have with the Merchant.
b. Third-Party Manufacturing and Sale. Twitter does not manufacture or sell Products sold by Merchants. You agree that Twitter does not guarantee and is not responsible or liable for Products you purchase from third-party Merchants, including for issues such as quality, safety, legality, authenticity, accuracy, reliability.
5. Issues and Disputes
a. Unauthorized Charges. You agree that the applicable Merchant, not Twitter, will be solely responsible for resolving any unauthorized transaction claims or any other transaction disputes, and you will need to contact such Merchant directly to resolve any transaction claims or concerns.
b. Notification of Unauthorized Charge. You agree to notify Twitter immediately (for Twitter’s informational purposes only) if you believe an unauthorized transaction has occurred under your Twitter account using the Buy Now Features.
c. Disputes with Twitter. You agree that any disputes between you and Twitter arising out of the Buy Now Features will be handled in accordance with the Twitter Terms of Service, including the provisions regarding governing law and venue.
II. TERMS APPLICABLE TO ALL COMMERCE FEATURES
The following terms supplement the terms in Section I of these Commerce Terms and apply to any access or use of any of the Commerce Features, including the Buy Now Features.
A. Actions We May Take
1. Right to Limit or Block Usage. Twitter reserves the right to limit or prohibit your ability to use the Commerce Features at any time and without notice. For example, in order to prevent fraud or financial loss to you, us or Merchants, we may limit your ability to make a purchase, or suspend or deactivate your Twitter account. Any such action will not relieve you of your obligations to pay for Products you have purchased.
2. Modifying, Suspending or Discontinuing Services. Twitter may modify, suspend, discontinue, or impose limits on the Commerce Features, or any parts or single feature thereof, at any time without notice.
B. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
1. DISCLAIMERS. TWITTER’S SERVICES AND THE COMMERCE FEATURES (INCLUDING THE BUY NOW FEATURES) ARE PROVIDED SOLELY “AS IS”, “AS AVAILABLE” WITH ALL FAULTS, AND YOUR USE OF THE COMMERCE FEATURES (INCLUDING THE BUY NOW FEATURES) IS AT YOUR SOLE RISK. TWITTER, AND ITS RELATED COMPANIES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (COLLECTIVELY, THE “TWITTER ENTITIES”), DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE, IN CONNECTION WITH COMMERCE FEATURES (INCLUDING THE BUY NOW FEATURES) OR THESE COMMERCE TERMS. NEITHER TWITTER NOR ANY TWITTER ENTITIES WARRANT THAT ITS SERVICES OR THE USE OF THE COMMERCE FEATURES (INCLUDING THE BUY NOW FEATURES) WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THESE COMMERCE TERMS (UNLESS SUCH LAW PROVIDES OTHERWISE).
2. LIMITATION OF LIABILITY. IN NO EVENT WILL TWITTER OR ANY OF THE TWITTER ENTITIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; ANY LOSS OF USE, BUSINESS, PROFITS OR GOODWILL; OR FOR INTERRUPTION OR LOSS OR CORRUPTION OF DATA OR NETWORKS ARISING OUT OF OR IN CONNECTION WITH THE COMMERCE FEATURES (INCLUDING THE BUY NOW FEATURES) OR THESE COMMERCE TERMS.
i. NOTWITHSTANDING THE ABOVE, TWITTER AND THE TWITTER ENTITIES’ AGGREGATE LIABILITY ARISING FROM THE COMMERCE FEATURES (INCLUDING THE BUY NOW FEATURES) AND THESE COMMERCE TERMS WILL NOT EXCEED U.S. $50 USD.
ii. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ANY AND ALL CLAIMS, REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
C. ADDITIONAL TERMS
1. Entire Agreement. These Commerce Terms constitute the entire agreement among the parties with respect to the Commerce Features and supersede and merge all prior proposals, understandings and contemporaneous communications.
2. Modification. Any modification to these Commerce Terms must be in a writing duly authorized by Twitter.
3. Assignment. You may not assign any of the rights or obligations granted hereunder, whether voluntarily or by operation of law, contract, merger (whether you are the surviving or disappearing entity), stock or asset sale, consolidation, dissolution, through government action or otherwise, except with the express written consent of Twitter, and any attempted assignment is void.
4. No Partnership, Agency, Joint Venture. These Commerce Terms do not create or imply any partnership, agency or joint venture.
5. Choice of Law, Jurisdiction and Venue. These Commerce Terms will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of law rules or principles. All claims arising out of or relating to these Commerce Terms will be brought exclusively in the federal or state courts of San Francisco County, California, USA, and you consent to personal jurisdiction in those courts.
6. Injunctive Relief. You agree that money damages would be an inadequate remedy for Twitter in the event of a breach or threatened breach of the provisions in these Commerce Terms protecting Twitter’s intellectual property, and that in the event of such a breach or threat, Twitter, in addition to any other remedies to which it is entitled, is entitled to such preliminary or injunctive relief (including an order prohibiting you from taking actions in breach of such provisions) and specific performance as may be appropriate to preserve all of Twitter’s rights.
7. No Waiver. No waiver by Twitter of any covenant or right under these Commerce Terms will be effective unless memorialized in a writing duly authorized by Twitter.
8. Full Force and Effect. If any part of these Commerce Terms are determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Commerce Terms will remain in full force and effect.
9. Amendments. Twitter may update these Commerce Terms at any time without notice as it deems necessary to the full extent permitted by law. The Commerce Terms in place at the time you use the Commerce Features will govern the transaction.
Effective: January 27, 2016