Terms of Use

introduction

The term ‘thinkingaustralia’ or ‘us’ or ‘we’ or ‘ours’ refers to the owners of the website whose registered office is thinkingaustralia.com, 3 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, including 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 time, while you are and while you remain a user of the Site. We reserve our rights 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 under the Section “Limited Right to Use” is strictly prohibited. You do not acquire ownership rights to any Content, documents 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, graphics, forms or documents from the Site grants you only a limited, non-exclusive 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 form of 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 their 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 (whether 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.

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.