thinkingaustralia Terms of Use
The term ‘ThinkingAustralia’ or ‘us’ or ‘we’ or ‘ours’ refers to the owner of the website whose registered office is thinkingaustralia.com, 21-22 Sovereign House, Nelson Quay, Milford Marina, United Kingdom, SA73 3AJ. Our company registration number is 04377492. The term ‘you’ refers to the user or viewer of our website. Your rights and responsibilities as a user of this website.
Accepting the Terms of Use
You agree to the terms and conditions outlined in this Terms
of Use Agreement (“Agreement”) with respect to
our site (the “Site”). This Agreement constitutes
the entire and only agreement between us and you and supersedes
all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the
content, products or services provided by or through the Site,
and the subject matter of this Agreement. Access to and use
of this Site both within the UK and internationally is provided
by us on the following terms.
Use of the Site
By using our Site you agree to be bound by these terms, which
shall take effect immediately on your first use of the Site.
If you do not agree to be bound by all of the following terms
please do not access, use and/or contribute to our Site.
The Agreement may be amended at any time by us from time
to time without specific notice to you. You should check these
terms regularly. Your continued use of the Site will be deemed
acceptance of the updated or amended terms. If you do not
agree to the changes, you should cease using this website.
The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
You agree to use the Site only for lawful purposes and in
a way that does not infringe the rights of, restrict or inhibit
anyone else's use and enjoyment of the Site. Prohibited behaviour
includes harassing or causing distress or inconvenience to
any person, transmitting obscene or offensive content or disrupting
the normal flow of dialogue within the Site and traffic to
the Site.
This Agreement will remain in full force and effect for the
duration of, while you are, and while you remain a user of
the Site. We reserve our right, at our sole discretion, to
pursue all or any of our legal remedies under this Agreement.
Copyright
The content of the website including the information, text,
organisation, logos, graphics, images, videos, audio, design,
compilation, magnetic translation, digital conversion, software,
button icons, and other matters related to the Site (collectively,
“Content”) are protected under applicable copyrights,
trademarks and other proprietary (including but not limited
to intellectual property) rights.
The copying, redistribution, use or publication by you of
any Content or any part of the Site, except as allowed by
Section “Limited Right to Use”, is strictly prohibited.
You do not acquire ownership rights to any Content, document
or other materials viewed through the Site. The posting of
information or materials on the Site does not constitute a
waiver of any right in such information and materials.
Code that is used to generate, display, render or otherwise
facilitate the availability of the Site and its Content to
users of the Site is protected by this copyright and you may
not copy or adapt such code subject to applicable law.
Limited Right to Use
The viewing, printing or downloading of any content, graphic,
form or document from the Site grants you only a limited,
nonexclusive license for use solely by you for your own personal
use and not for republication, distribution, assignment, sublicense,
sale, preparation of derivative works or other use. No part
of any content, form or document may be reproduced in any
form or incorporated into any information retrieval system,
electronic or mechanical, other than for your personal use
(but not for resale or redistribution).
Editing, Deleting and Modification
We reserve the right in our sole discretion to edit or delete
any Content appearing on the Site without giving prior or
any notice of the amendments, additions, removals or other
such changes to users of the Site.
Indemnification
You agree to indemnify, defend and hold us and our partners,
attorneys, staff, affiliates and theirs and our respective
officers, directors, employees and agents (collectively, "Affiliated
Parties") harmless from and against any liability, loss,
claim, action, demand and expense including without limitation
reasonable legal and accounting fees, related to your violation
of this Agreement or use of the Site.
Non-transferable
Your right to use the Site is not transferable. Any password
or right given to you to obtain information or documents or
access certain functions, features, pages within the Site
or the like is not transferable to any other person, entity
or site.
Disclaimer and Limitation of Liability
The information from or through this Site is provided "as-is”
and on an "as available" basis and all warranties,
express or implied, are disclaimed (including but not limited
to the disclaimer of any implied warranties of merchantability
and fitness for a particular purpose). The information may
contain errors, problems or other limitations. We do not guarantee
the timeliness, completeness or performance of the Site or
any of the Content. While we try to ensure that all Content
provided is correct at the time of publication no responsibility
is accepted for any errors, omissions or inaccurate Content
on the website.
We are not liable for any indirect, special, incidental,
or consequential damages of any kind that may result from
use of or inability to use our site (including damages for
loss of business, loss of profits, litigation, or the like)
whether based on breach of contract, breach of warranty, tort
(including negligence), product liability or otherwise, even
if advised of the possibility of such damage. The limitations
of damages set forth above are fundamental elements of the
basis of the bargain and Agreement between us and you. We
would not provide the Site, Content or other information without
such limitations. No representations, warranties or guarantees
whatsoever are made as to the accuracy, adequacy, reliability,
currency, completeness, suitability or applicability of the
information to a particular situation.
We shall not be liable for any of the following losses or
damage (wether such damage or losses were foreseen, foreseeable,
known or otherwise): loss of data, loss of revenue or anticipated
profits, loss of business, loss of opportunity, loss of goodwill
or injury to reputation, losses suffered by third parties
or any indirect, consequential, special or exemplary damages
arising from the use of the Site regardless of the form of
action.
We do not warrant that functions available on the Site will
be uninterrupted or error free, that defects will be corrected,
or that the Site or server that makes the Site available are
free of viruses or bugs. You acknowledge that it is your responsibility
to implement sufficient procedures and virus checks to satisfy
your particular requirements for the accuracy and safeness
of data to and from the Site. All responsibility or liability
for any damages caused by viruses contained within an electronic
file available from the Site or the server that makes the
Site available are disclaimed.
If any terms under this Agreement are determined to be illegal,
invalid or otherwise unenforceable by reason of the laws of
any state or country in which these terms are intended to
be effective, then to the extent and within the jurisdiction
in which that term is illegal, invalid or otherwise unenforceable,
it shall be severed and deleted from these terms and the remaining
terms shall survive and continue to be binding and enforceable.
If it so happens that there is a failure, delay or inaction
for any reason by us to exercise or enforce any right in these
terms, then the failure, delay or inaction does not waive
our right to enforce that right.
Third-Party Services
We allow access to or advertise third-party merchant sites
("Merchants") from which you may purchase certain
goods or services or receive certain information or content.
You understand that we do not operate or control the products
or services offered by Merchants. Merchants are responsible
for all aspects of order processing, fulfilment, billing and
customer service. We are not a party to the transactions entered
into between you and Merchants. You agree that use of such
Merchants is at your sole risk and is without warranties of
any kind by us, expressed, implied or otherwise including
warranties of title, fitness for purpose, merchantability
or non-infringement. Under no circumstances are we liable
for any damages arising from the transactions between you
and Merchants or for any information or other content appearing
on merchant sites or any other site linked to our site.
Use of Information
We reserve the right, and you authorise us, to use and assign
all information regarding Site uses by you and all information
provided by you in any manner consistent with our Privacy
Policy.
Privacy Policy
The Privacy Policy is designed to assist you in understanding
how we collect, use and safeguard the personal information
you provide to us and to assist you in making informed decisions
when using the Site and our services.
What Information do we Collect
When you visit the Site you may provide us with two types
of information: personal information you knowingly choose
to disclose that is collected on an individual basis and Site
usage information collected on an aggregate basis as you and
others browse our Site.
Personal Information You Choose to Provide
If you choose to submit a link to us or contact us through
one of our feedback forms, you may need to provide the following
information: Name, Email address, Website address. We may
retain the content of your email messages together with your
email address and our responses.
Web Site Use Information
Similar to other sites, our Site utilises a standard technology
called "cookies" (see explanation below, "What
Are Cookies?") and server logs to collect information
about how our Site is used. Information gathered through cookies
and server logs may include the date and time of visits, the
pages viewed, time spent at our Site, and the sites visited
just before and just after our Site. This information is collected
on an aggregate basis. None of this information is associated
with you as an individual.
How do we use the Information that you provide to us
Broadly speaking, we use the information for purposes of
administering our Site activities e.g. adding new links or
updating existing links.
What are Cookies
Cookies are a feature of web browser software that allows
servers to recognise the computer used to access a site. Cookies
are small pieces of data that are stored by a user’s
web browser on the user’s hard drive. Cookies can remember
what information a user accesses on one site to simplify subsequent
interactions with that site by the same user or to use the
information to streamline the user’s transactions on
related site pages. This makes it easier for a user to move
from site page to site page and to complete commercial transactions
over the Internet. Cookies should make your online experience
easier and more personalised.
Information about Affiliates
You may notice offers from outside companies advertised on
our Site. We take measures to select product or service providers
that are responsible and afford privacy protections to their
customers. However, we cannot make any representations or
guarantees about the practices and policies of these companies.
Do we Disclose Information to Outside Parties?
We do not disclose information to any outside parties. Information
supplied by you is used internally purely for updating links
or replying to your correspondence.
What about Legally Compelled Disclosure of Information?
We may disclose information when legally compelled to do
so, in other words, when we, in good faith, believe that the
law requires it or for the protection of our legal rights.
What about Other Sites linked to our Site?
We are not responsible for the practices employed by sites
linked to or from our Site nor the information or content
contained therein.
Securities Laws
This Site may include statements concerning our operations,
prospects, strategies, financial condition, future economic
performance and demand for our products or services, as well
as our intentions, plans and objectives that are forward-looking
statements. These statements are based upon a number of assumptions
and estimates which are subject to significant uncertainties,
many of which are beyond our control.
When used on our Site, words like "anticipates,"
"expects," "believes," "estimates,"
"seeks," "plans," "intends",
“hopes” and similar expressions are intended to
identify forward-looking statements designed to fall within
securities law safe harbors for forward-looking statements.
The Site and the information contained herein does not constitute
an offer or a solicitation of an offer for sale of any securities.
None of the information contained herein is intended to be,
and shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
Links to other Sites
The Site contains links to other sites. We are not responsible
for the information or other content or the accuracy or opinions
expressed in such sites, and such sites are not investigated,
monitored or checked for accuracy or completeness by us. Inclusion
of any linked site on our Site does not imply approval or
endorsement of the linked site by us. If you decide to leave
our Site and access these third-party sites, you do so at
your own risk.
|
