Terms And Conditions

HitLyst is a Twitter client and strictly adheres to all terms and policies set forth by Twitter.

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1. Application of Terms

  1. These Terms apply to your use of the Website and mobile app. By accessing and using the Website and mobile app:

    1. you agree to these Terms; and

    2. where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

  2. If you do not agree to these Terms, you are not authorised to access and use the Website and mobile app, and you must immediately stop doing so.

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2. Changes

  1. We may change these Terms at any time by updating them on the Website and mobile app. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website and mobile app, you agree to be bound by the changed Terms.

  2. We may change, suspend, discontinue, or restrict access to, the Website and mobile app without notice or liability.

  3. These Terms were last updated on 23rd Oct 2019.

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3. Definitions

In these Terms:

including and similar words do not imply any limit

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

personal information means information about an identifiable, living person

Terms means these terms and conditions titled Website and mobile app Terms of Use

Underlying System means any network, system, software, data or material that underlies or is connected to the Website and mobile app

User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website and mobile app

We, us or our means HitLyst

Website and mobile app means www.hitlyst.com

You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

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4. Payment terms

  1. If you choose to buy a subscription, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, in-app purchase using your AppStore account, or any other payment method made available by us) (“Payment Method”). You will immediately be charged for these fees after you tap to buy a No ads subscription. You agree to pay all fees incurred in connection with your username and password for your AppStore account.Payments for the App are bound by Apple Media Services Terms and Conditions.

  2. You may elect to pay membership fees on a annual basis. All membership fees are payable in advance. Membership fees will be billed automatically to the Payment Method at the start of the annual period, as applicable, and will auto-renew until your membership is terminated. The renewal membership fees will be the same as the initial charges unless you are otherwise notified in advance. You authorize us to charge your Payment Method for the appropriate membership charges and fees and for any other purchases you elect to make via the App. We reserve the right to increase membership fees or to institute new fees at any time upon reasonable notice posted in advance on this App. If you upgrade your membership or add new categories of service to your account, such changes may result in a new billing date effective upon the date you elect such upgrade or addition. ALL PURCHASES ARE FINAL AND NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF YOUR INITIAL OR ANY MEMBERSHIP PERIOD.

  3. You may cancel your subscription by visiting the subscription management options within iOS and macOS. The cancellation of a membership will go into effect at the end of your current billing cycle, and you will have the same level of access to the App through the remainder of such billing cycle. When your subscription ends, your account will display ads. No refunds or credits will be provided by us upon cancellation. You can renew your subscription at anytime without opening a new account, provided that additional fees may apply if you decide to upgrade to a subscription at a later date.

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5. Your Obligations

  1. You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

  2. If you are given a User ID, you must keep your User ID secure and:

    1. not permit any other person to use your User ID, including not disclosing or providing it to any other person; and

    2. immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to contact@hitlyst.com.

  3. You must:

    1. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website and mobile app or any Underlying System, or otherwise attempt to damage or interfere with the Website and mobile app or any Underlying System; and

    2. unless with our agreement, access the Website and mobile app via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

  4. You must obtain our written permission to establish a link to our Website and mobile app. If you wish to do so, email your request to contact@hitlyst.com.

  5. You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website and mobile app by using your User ID.

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6. Intellectual Property

We (and our licensors) own all proprietary and intellectual property rights in the Website and mobile app (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

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7. Disclaimers

  1. To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

    1. the Website and mobile app being unavailable (in whole or in part) or performing slowly;

    2. any error in, or omission from, any information made available through the Website and mobile app;

    3. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website and mobile app. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website and mobile app protects you from this; and

    4. any site linked from the Website and mobile app. Any link on the Website and mobile app to other sites does not imply any endorsement, approval or recommendation of, or responsibility for those sites or their contents, operations, products or operators.

  2. We make no representation or warranty that the Website and mobile app is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website and mobile app is not illegal or prohibited, and for your own compliance with applicable local laws.

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8. Liability

  1. To the maximum extent permitted by law:

    1. you access and use the Website at your own risk; and

    2. we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website and mobile app, or your access and use of (or inability to access or use) the Website and mobile app. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

  2. Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the Singapore Consumer Protection (Fair Trading) Act 2003 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to SGC100.

  3. To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website and mobile app, or your access and use of (or inability to access or use) the Website and mobile app, must not exceed SGD100.

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9. Suspension and termination

  1. Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website and mobile app (or any part of it).

  2. On suspension or termination, you must immediately cease using the Website and mobile app and must not attempt to gain further access.

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10. General

  1. If we need to contact you, we may do so by email or by posting a notice on the Website and mobile app. You agree that this satisfies all legal requirements in relation to written communications.

  2. These Terms, and any dispute relating to these Terms or the Website and mobile app, are governed by and must be interpreted in accordance with the laws of Singapore. Each party submits to the non-exclusive jurisdiction of the Courts of Singapore in relation to any dispute connected with these Terms or the Website and mobile app.

  3. For us to waive a right under these Terms, the waiver must be in writing.

  4. Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 9.1, continue in force.

  5. If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

  6. These Terms set out everything agreed by the parties relating to your use of the Website and mobile app and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website and mobile app that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.

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