By accessing Thinkonic website or by otherwise accessing any content, software,
products or services
available through the Sites (“the Content”), you are deemed to have entered into
an agreement with
Company and to have agreed to be bound by the Terms set out below. The content
of the Sites is owned
by Company and/or its licensors on whose behalf they are operated by the
Company.
- Intellectual Property Protection:
The term
“Intellectual Property Rights”
means, copyrights, database rights, trade marks, trade names, domain names,
rights in logos,
getup and content, inventions, trade secrets and know-how, patents, all
rights of whatever
nature in computer software and data, all rights of privacy and all
intangible rights and privileges
of a nature similar to any of the above, in every case in any part of the
world and whether or not
registered; and including all granted or pending registrations, and all
rights to make applications
for registration in respect of any of the same. All Intellectual Property
Rights in the Content and
design of the Sites and any material emailed to you or otherwise supplied to
you in conjunction with
our online products are the property of Company and/or its licencors. You
may not use or reproduce
any Company Intellectual Property, including any trademarks, registered or
unregistered, (such as
the Company name and logo or other trade names appearing on the Sites) for
any reason without
written permission from Company. The software, which operates the Sites, is
proprietary software and
you may not use it except as expressly allowed under these Terms. You may
not copy, reverse
engineer, modify or otherwise deal with the software.
- Use of Company Content:
You may retrieve and display
Company Content on a
computer screen or mobile telephone or other electronic device, print
individual pages on paper (but
not photocopy them) and store such pages in electronic form for your
personal, noncommercial use. If
you do download material from the site all copyright and other notices must
be kept intact.
Except as expressly set out above, you may not reproduce, modify or in any
way commercially exploit
any of the Content of the Sites. In particular, you may not do any of the
following without prior
written permission. No parts of any Company publication or Sites may be
reproduced, stored in or
introduced into any retrieval system, or transmitted, in any form or by any
means, electronic,
mechanical, photocopying, recording or otherwise without the prior written
permission of the
copyright owners. You may not reverse engineer, modify, decompile,
disassemble or translate the
content (whether for the purpose of error correction or otherwise). You may
not display the content
on a public bulletin board, ftp site, website, chat room or by any other
unauthorized means. Written
materials provided in printed or electronic form may not be modified,
adapted, translated, or used
to create derivative works without the prior written consent of Company. Any
use of Company Content
not specifically permitted above is expressly prohibited. Requests for
permission for other uses may
be sent to Block no. 1-2-3, 1st floor, Kanishka apartment, Jaitala
road, Nagpur - 440036 or by email to
info@thinkonic.com and may be subject to a
fee.
- Licence Fee, Payment, and Transactions:
Access to
certain Company Content may
be subject to a fee or subscription. All payments (including applicable
taxes) must be made in
advance in a currency specified by Company. You are responsible for the
payment of all charges
associated with the use of the Sites using your Username, Password or ID.
There may be from time to
time opportunities to use the Sites to purchase products or services from
third party suppliers. In
that event, your contract for such products will be with the third party
provider and not with
Company. All refunds that relate to Company products or services are at the
discretion of Company.
Any product specific offers, conditions or terms are stated at the point of
purchase for that
product.
- Terms and Termination:
Company may, at its discretion,
terminate or suspend
individual or group access to all or part of the Sites (including any right
to access and use
Company Content) with or without cause by delivering notice to you. The
rights of termination are in
addition to all other rights or remedies of Company provided in these Terms
or by law.
- Changes to the Site:
Company reserves the right, in its
discretion, to
suspend, change, modify, add or remove portions of Company Content available
on the Sites at any
time and to restrict the use and accessibility of the Sites.
- Registration, Passwords and Responsibilities:
Some
parts of the Sites require
registration. You are solely responsible for the confidentiality and use of
and access to the
Company Content and Sites using your username, password or ID. You agree to
immediately notify
Company if you become aware of any loss or theft of any username, password
or ID or any unauthorised
use of a username, password, ID, or any other login details. Company
reserves the right to monitor
and record activity on the Sites, including access to Company Content.
- Privacy Policy:
Company maintains a high level of
privacy and security for
your details.
- No Warranty, Disclaimer of Liability and Indemnity:
While every effort has
been made to ensure the high quality and accuracy of the Sites, Company
makes no warranty, express
or implied concerning the Content of the Sites, which is provided “as is”.
Company expressly
disclaims all warranties, including but not limited to warranties of fitness
for a particular
purpose and warranties of satisfactory quality. In no event will Company,
its affiliates or other
suppliers be liable for direct, special, incidental, or consequential
damages (including, without
limitation, damages for loss of business profits, business interruption,
loss of business
information or other pecuniary loss) arising directly or indirectly from the
use of (or failure to
use) or reliance on the Content, even if Company has been advised of the
possibility that such
damages may arise. Company does not guarantee the accuracy or timeliness of
the Content appearing on
the Sites, or that the Sites or related systems are free from viruses or
other contaminating or
destructive properties. In the event that Company incurs any liability
whatsoever, the aggregate
liability shall not exceed the amount that you originally paid for the
service. Except in respect of
fraudulent misrepresentation, the Terms together with any order form and
payment method instructions
set forth the entire agreement and understanding of the parties relating to
the subject matter
herein. Any prior written or verbal agreements are superseded by the Terms.
- Company:
Company, its affiliates and its information
providers will not be
liable or deemed to be in default for any delay or failure in performance or
interruption of the
delivery of Company Content resulting directly or indirectly from any cause
or circumstance beyond
its or their reasonable control, including but not limited to failure of
electronic or mechanical
equipment or communication lines, telephone or other interconnect problems,
computer viruses,
unauthorised access, theft, operator errors, severe weather, earthquakes or
natural disasters,
strikes or other labour problems, wars, or governmental restrictions.
- Links to Third Party Websites:
The Sites may contain
links and pointers to
Internet sites maintained by third parties. Company does not operate or
control in any respect any
information, products or services on such third party sites. Links are
provided solely for your
convenience, and do not constitute any endorsement by Company and/or its
suppliers. You assume sole
responsibility for use of third party links and pointers.
- Miscellaneous Changes to Terms:
Company may, at its
discretion, change these
Terms (including those relating to your use of the Sites and/or the Company
Content). When the Terms
are changed, Company will notify you by email or by publishing details of
those changes by including
them in these Terms.
1.Rights of reply: If at
any time you, or your
organisation, have a complaint or comment to make about the Content featured
within the Sites they
should contact the editor for that particular product whose details can be
found on the product
pages in question.2. Advertising and Third Party
Content: Parts of the Sites
may contain advertising or other third party content. Advertisers and other
content providers are
responsible for ensuring that material submitted for inclusion on the Sites
complies with
international and national law. Company is not responsible for any third
party content or error,
omission or inaccuracy in any advertising material.3. Invalid
Provision: If
any provision of the Terms is held to be invalid by a court of competent
jurisdiction, Company shall
amend the invalid provision in such reasonable manner as achieves the
intention of the parties
without illegality, or at Company’s discretion such provision may be severed
from this agreement and
the remaining provisions shall nevertheless remain in full force and effect.
- Governing Law and Jurisdiction:These Terms shall be
governed by, and construed in
accordance with, the laws prevalent in the United States of America. The
parties irrevocably agree
that the courts of United States of America shall have exclusive
jurisdiction to settle any dispute,
which may arise out of, under, or in connection with these Terms or the
legal relationship
established by them, and for those purposes irrevocably submit all disputes
to the jurisdiction of
the English courts.