TERMS AND CONDITIONS

The terms "We"/ "Us"/ "Our"/ ”Company”/ ”ThinkTac” individually and collectively refer to Tactile Education Services Private Limited, a private limited company incorporated under the Companies Act, 2013 and having its registered office at #16, 11th Main, 14th Cross, Malleswaram, Bangalore 560003 and the terms “You”/ ”Your”/ "Visitor”/ ”User” refers to the users of the Website.

This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.thinktac.in and tactivity.in (“Website”).
These terms and Conditions (“Terms of Use”) govern Your use of the Website and Services (as defined below) provided through the Website. By using or visiting the Website, or by using any Content (as defined below) or information provided as part of the Website/Services, You shall be deemed to have read, understood and accepted to be bound by these Terms of Use. Please read this page carefully. If you do not accept the terms and conditions stated herein, we would request you to exit this site. The Company reserves the right to revise these Terms of Use at any time by updating this posting. Any such modifications will become effective immediately upon posting on the Website and Your continued use of the Website, and/or the Services constitutes Your agreement to such modifications. You should visit this page periodically to re-appraise yourself of the Terms of Use, because they are binding on all Users of this Website.

SERVICES

www.thinktac.in is an online platform that offers K-12 Experiential Science Learning programmes for students of classes III to IX. Many of these programmes are aligned with the curriculum of pursuing their academics in schools that are recognised by CBSE, ICSE, IGCSE and State Government Boards. ThinkTac offers annual programmes, thematic programmes and workshops and such programmes consist of a series of tactile activities termed as TACtivities™ which includes making toys, experiments – both short and running a few weeks, thought experiments and computer / app based games accompanied by understanding and exploring the science behind these TACtivities (“Services”).

Access to and use of the Services will be internet based. You will be responsible for obtaining Internet connectivity and paying all fees in connection with it. In addition, You must procure all equipment necessary to ensure access to the Internet and to be able to use the Services and download and listen to and/or view the Content, including, but not limited to, compatible mobile handsets, tablets, personal computers, television, routers, and internet access services.

ThinkTac reserves the right to change or suspend any aspect of the Services at any time including, but not limited to, the nature of the Services offered, databases, hours of availability, and software needed for access or use. ThinkTac also reserves the right to permit or restrict any User’s access to the Services in its sole and absolute discretion

ThinkTac reserves the right to change or suspend any aspect of the Services at any time including, but not limited to, the nature of the Services offered, databases, hours of availability, and software needed for access or use. ThinkTac also reserves the right to permit or restrict any user’s access to the Services in its sole and absolute discretion.

REGISTRATION OF USERS

Users who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to use Our products or Services. Users who are minors are not eligible to use Our products or Services. As a minor if You wish to use our products or Services, such use shall be made available to You by Your legal guardian or parents. ThinkTac shall not be responsible for any consequence that arises as a result of misuse of any kind of our products or Services that may occur by virtue of any User including a minor using the Services provided. By using the products or Services, ThinkTac reserves the right to terminate Your subscription and /or refuse to provide You with access to the products or Services if it is discovered that You are under the age of 18 years and the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate.

You will have to be a registered User of the Website in order to avail all the Services. You will have to open an account by completing the registration process by providing Us with current, complete and accurate information as prompted by the applicable registration form. You shall also choose a password and a user name for Your account (“User Account”). Upon completing the registration process, You shall receive ThinkTac user IDs, passwords and other security codes that you may need in order to access and use the Services made available through the Website. You shall be responsible for maintaining the confidentiality of Your username, account password and You shall be responsible for any and all activities that occur in connection with Your User Account. Under no circumstances shall the Company be liable for any loss or damage arising from Your failure to comply with this clause. By using the products or Services you warrant that all the data provided by You while registering onto the Website is accurate and complete and that You have obtained the consent of parent/legal guardian (in case of minors).

While creating Your account, You shall not impersonate any third party to create or use an account for anyone other than Yourself OR provide an email address other than Your own OR create multiple accounts.

You shall not allow: (a) any other person to share Your User Account; (b) any part of the Website being cached in proxy servers and accessed by individuals who have not registered as Users of the Website; and (c) access to the Website through a single account and password being made available to multiple users on a network.

PAYMENTS AND PRICING

Please note that the credit card / debit card / net banking payment gateway is maintained, operated and processed by the online payment gateway services provider(s) (“OPGSPs”) engaged by the Company. You agree and acknowledge that the Company bears no responsibility for payment made by credit card /debit card /net banking to avail the Service(s) through the Website. Further, You hereby agree to comply with any other additional terms and conditions that may be prescribed by the OPGSPs for processing the online payments made by You on the Website. The Company is not liable for any actions under this payment mechanism.

You understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service. You further agree that while availing any of the payment options as specified above, We will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to You due to: (a) lack of authorization for any transactions; or (b) any payment issues arising out of the transaction; or (c) Decline of such transaction for any reason.

You agree, understand and confirm that the credit card / debit card / net banking details provided by You for availing of the Service(s) through the Website shall be correct and accurate and You shall not use the credit card / debit card / net banking account which is not lawfully owned by you, i.e. in a credit card / debit card / net banking transaction, You must use Your own credit card / debit card / net banking account. You further agree and undertake to provide the correct and valid credit card / debit card / net banking account. Further, the said information will not be utilised and shared by the Company with any third parties unless required for fraud verifications or by law, regulation or court order. The Company shall not be liable for any credit card / debit card / net banking account fraud. The liability for use of a credit card / debit card / net banking account fraudulently shall be on You and the onus to “prove otherwise” shall be exclusively on You.

The Company has exercised due care and attention to ensure accurate description and pricing of Services that are being offered through the Website. However, despite Our best efforts, certain Services offered via the Website may be mispriced or the description of the Service(s) may be inaccurate. The Company does not and cannot confirm the price of the Service(s) until You place an order to avail such Services through the Website. In the event, the Services offered via the Website are mispriced or the description of the Services is inaccurate, the Company shall have the right, at its sole discretion, to refuse or cancel any orders placed by You for such Service(s). In the event the Service(s) are incorrectly priced, the Company may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. The Company shall have the right to modify the price of such Service(s) at its sole discretion and contact You for further instructions using the e-mail address provided by You while registering onto the Website or cancel the order and notify You of such cancellation. The Company shall not be liable at any time for any such error or omission with regard to the pricing and/or description of the Services offered via the Website.

Limitation of Use.

The pricing and/or availability of Services shall be subject to change at the sole discretion of the Company, without providing any notice to the Users

Prices for Services displayed on Our Website are provided in Indian rupees. Please note that the prices for the Services may change at the sole discretion of the Company.

FRADULENT OR DECLINED TRANSACTIONS

The Company reserves the right to recover the cost of the Service(s), collection charges and attorney fees (in the event a claim is being made against the Company) from You if You are found using a credit card / debit card / net banking account or any means of payment fraudulently. In such an event, the Company reserves the right to initiate legal proceedings against You for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms of Use. You shall be liable to indemnify the Company against any costs, damages, claims or other demands in relation to violation of any of Your obligations under the Terms of Use. Please note that all payments shall become due and payable on placing the orders..

PROVISION OF THINKTAC PRODUCTS 
As part of the Services rendered by ThinkTac through the Website, ThinkTac shall also provide the Users with the ThinkTac products which shall include the TACtivity™ Chest and such other products that may be made available along with TACtivity™ Chest and such other educational tools provided by ThinkTac (hereinafter referred to as “ThinkTac Products” or “Products”). ThinkTac Products shall enable the Users to perform the TACtivities through experiments and also learn by playing computer / app based games. ThinkTac Products contains most of the material required to perform the TACtivities. However, TACtivities may require some commonly available household material and reusable / recyclable material like plastic bottles, paper, cardboard and tools such as scissors, cutter etc. which the User may arrange for independently.

Sometimes, the delivery of the ThinkTac Products may take longer than the estimated timelines due to an occurrence of a Force Majeure Event or due to a delay by the logistic service provider engaged by the Company. In such an event, the Company shall intimate You about such delay in delivery of Your ThinkTac Products via e-mail. For the purpose of this Terms of Use, “Force Majeure Event” means, an act of God, war, civil disturbance, strike, lockout, act of terrorism, flood, fire, explosion or legislation or restriction by any government or other authority, or any other similar circumstance beyond the control of the Company, which has the effect of wholly or partially suspending the obligations hereunder of the Company during the continuance and to the extent of such prevention, interruption or hindrance.

ThinkTac will avail services of third party logistic service providers to deliver Your ThinkTac Products. The Company will make a maximum of 3 attempts to deliver Your ThinkTac Products. In the event You are not reachable or You do not accept the delivery of the ThinkTac Products in these attempts, the Company reserves the right to cancel the order(s) at its discretion.

EXCLUSION OF LAIBILITY WITH RESPECT TO USAGE OF THINKTAC PRODUCTS
ThinkTac does not advocate or recommend using the ThinkTac Products in a manner that will cause harm to Yourself or others. We wish to impress upon You to use extreme caution and care while using the ThinkTac Products. You acknowledge and undertake that the usage of the ThinkTac Products by You is at Your own risk and under no circumstances shall the Company be liable for any direct, indirect, punitive, incidental, special or consequential damages to property or life, whatsoever arising out of or connected with the use or misuse of the ThinkTac Products by You.

TERMS AND CONDITIONS WITH RESPECT TO PROVISION OF EDUCATIONAL VIDEOS AND SUCH OTHER CONTENT
As part of the Services offered through the Website, ThinkTac enables the Users to listen, view, interact with and download educational content including but not limited to videos, study material, games and course modules (“Subscribed Educational Content”) through the Website. The Users will be able to access and use certain educational content available freely on the Website without any registration and/or subscription (“General Educational Content”). The Subscribed Educational Content and the General Educational Content shall together constitute and be referred to as “Educational Content”.

Notwithstanding anything else in this Terms of Use, the method in which ThinkTac provides the Educational Content shall be subject to change at all times in ThinkTac’s sole discretion.

We grant you a non-exclusive, non-transferable, restricted, revocable and limited right to use the Subscribed Educational Content only for your personal use in accordance with this Terms of Use. The same shall not be used for any commercial purposes.

The General Educational Content available on the Website is licensed as Creative Commons CCBY and the Users may use the same in accordance to the CCBY licensing terms availablehere.

You must comply with all applicable copyright and other laws in connection with your access to and use of the Subscribed Educational Content. You shall not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sublicense or otherwise transfer or use the Subscribed Educational Content, unless otherwise allowed under this Terms of Use. We do not grant You any synchronization, public performance, promotional use, commercial sale, resale, reproduction, rental or distribution rights in the Subscribed Educational Content made available on the Website.

You shall not violate the copyright and any other intellectual property rights in the Subscribed Educational Content made available on the Website by any means and for any purpose. You acknowledge that ThinkTac derives its rights to use the Subscribed Educational Content and other materials offered on the Website from education experts, consultants and such other third parties. You further acknowledge that ThinkTac shall have the ownership and all rights in such Subscribed Educational Content and You shall not infringe the rights of ThinkTac in any manner, including without limitation, reverse engineering, decompiling, disassembling or otherwise tampering with such Subscribed Educational Content.

You shall not create any derivative works of any nature of the Subscribed Educational Content without the prior written consent of ThinkTac, even if such derivative works are not meant for commercial use.

YOU EXPRESSLY AGREE THAT USE OF/DOWNLOAD AND ACCESS TO THE EDUCATIONAL CONTENT IS AT YOUR SOLE RISK. THE EDUCATIONAL CONTENT IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY EDUCATIONAL CONTENT OR SUCH OTHER MATERIAL ASSOCIATED WITH SUCH EDUCATIONAL CONTENT DISPLAYED ON OR OFFERED THROUGH THE WEBSITE ARE ACCURATE, COMPLETE, APPROPRIATE OR RELIABLE. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE EDUCATIONAL CONTENT MADE AVAIABLE ON THE WEBSITE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE EDUCATIONAL CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE

WEBSITE CONTENT AND PRODUCT INFORMATION

In conjunction with the Services, ThinkTac may present information and content, including but not limited to, product information, pricing information, and product specifications, as well as commentary, advertisements, and other third party content (collectively, “Content”). ThinkTac attempts to ensure that Content provided through the Services is complete and accurate. However, ThinkTac is not responsible for inaccurate Content provided through the Services and makes no representations as to the accuracy or completeness of Content, including the availability or effectiveness of any product. ThinkTac is not liable for any loss that may result from your reliance on any Content.

PROFILES, BLOGS AND BOARDS

In connection with the Services rendered through the Website, You may be invited to provide personal information, custom screen names, icons and other profile information and You may be permitted to comment on, post, or transmit or submit messages. When You submit, publish, post or display information or content through the Services to any ThinkTac forum, You agree to strictly limit yourself to the subject matter for which the forums are intended and to comply with these Terms of Use.

FACEBOOK CONNECT

Certain functionality of the Website may enable You to log-in using Facebook Connect, a Facebook, Inc. application, which is intended to provide interconnectivity between the Services and Your Facebook profile. By using the Facebook Connect feature, You permit ThinkTac to access your Facebook profile, including without limitation, information about You, Your friends and privacy settings. When You use the Facebook Connect feature, You also agree to allow Facebook, Inc. to use information about Your activities on www.thinktac.in and to access your facebook.com cookies. Your activities on facebook.com are covered by the Facebook, Inc. privacy policy and terms of use available online at www.facebook.com

USER GENERATED CONTENT

ThinkTac makes no warranties as to the accuracy or reliability of any information, messages, posts or other content generated by Users and accessible on or through the Services (collectively referred to as “User Generated Content”). ThinkTac accepts no responsibility whatsoever in connection with any User Generated Content and will have no liability related to the User Generated Content, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise.

In addition, ThinkTac reserves the right to prevent You from submitting User Generated Content and to edit, restrict and/or remove any User Generated Content for any reason at any time. You agree that ThinkTac shall not be liable if We prevent, in our sole discretion, Your User Generated Content from being distributed or posted, or We edit, restrict or remove it. You also agree to permit other users and third party websites where Your User Generated Content may be included, to access, view, store and reproduce such material.

You agree that You will neither post nor submit any User Generated Content that:

  1. is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any state, national or international law.
  2. violates the copyright, trademark or other intellectual property rights of any other person or ThinkTac;
  3. is false, inaccurate or misleading or improperly assumes or claims the identity, characteristics or qualifications of another person;
  4. imposes an unreasonable or disproportionately large load on any infrastructure supporting the Services;
  5. is for the purpose of spamming or promoting goods or services without our prior authorisation;
  6. is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items;
  7. contains any virus, Trojan horse, worm, time bomb, cancelbot, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; or
  8. is libellous or invasive of privacy or publicity rights or any other third party rights.

Furthermore, You acknowledge and agree that You will not create disputes with other users of the Services, collect or store personal data about other users of the Services, transmit any material or User Generated Content that contains viruses or any other computer code that might interrupt, limit or interfere with the functionality of the Services, or post User Generated Content that disparages or insults any user or ThinkTac.

INTELLECTUAL PROPERTY RIGHTS

COPYRIGHT

All Content included on the Website are delivered to Users as part of the Services, including but not limited to, text, graphics, logos, designs, photographs, audio/video content, button icons, images, data compilations is the property of ThinkTac, and is protected by the applicable intellectual property laws. The compilation of all Content on this Website is the exclusive property of ThinkTac. You agree not to decompile, reverse engineer or disassemble any Content accessible through the Website, not to insert any code or product or manipulate the Content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. We reserve the right to terminate Our engagement if We, in our sole and absolute discretion, believe that You are in violation of this clause.

ThinkTac’s Content available on or via the Website, are provided to You AS IS for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of ThinkTac. ThinkTac reserves all rights, not expressly granted in and to the Website

 

TRADEMARKS

The Website, including, but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of the Company. The trademarks, domain names and trade dress of ThinkTac shall not be used in connection with any product or service that is not affiliated with ThinkTac, in any manner that is likely to

  1. cause confusion among Users or potential Users; or
  2. dilute the rights of ThinkTac; or
  3. to disparage or discredit ThinkTac.

The use of these intellectual properties or any other Content made available on this Website, except as provided in these terms of Use or in the Website content, is strictly prohibited.

WARRANTY FOR YOUR SUBMISSION ON THE WEBSITE

As between You and ThinkTac, You own the information You provide to ThinkTac, and You may request its deletion at any time. Any information You submit to Us is at Your own risk. By providing information to Us, You represent and warrant that You are entitled to submit such information and the same is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).

CHANNEL SUBSCRIPTION

As a condition of Your use of the Website, the Website will require Your permission to send You administrative and promotional emails. We will send You information regarding Your account activity and purchases, as well as updates about Our Services and promotional offers. You can opt out of Our promotional emails sent through third party distribution lists anytime by clicking the UNSUBSCRIBE link at the bottom of any of Our email correspondences. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS sent to You. The offers made in those promotional emails or SMS shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide You any information regarding such change.

CONTESTS

By participating in any contest, drawing, game or competition organised or sponsored by ThinkTac (hereinafter referred to as “Contest”), you agree that Your entry will be treated as User Generated Content for purposes of these Terms of Use, and that You will not be entitled to additional compensation for such participation or entry unless (and only to the extent) expressly set forth in the applicable Contest rules. You agree to release and hold harmless ThinkTac from all liability for loss, harm, damage, injury, cost and expense whatsoever which may occur in connection with, participating in any Contest, preparing any Contest entry, accepting any prize in connection therewith and for any claims based on publicity rights, defamation or invasion of privacy related thereto. The Company reserves the right in its sole discretion and without notice to cancel, terminate, modify, extend or suspend any Contest for any reason. By participating in a Contest, you agree to the collection and use of your personal information by ThinkTac and its affiliates and acknowledge that you have read and accepted the Company’s Privacy Policy as provided in [insert appropriate link].

ACCEPTABLE WEBSITE USE

(A) Security Rules

Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the User is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with Service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services, or (5) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which You are not authorized to claim such a relationship, or (6) attempt to gain unauthorized access to any hardware or software systems or networks associated with the Services, or obtain any services or information not intentionally made available to You by the Company on or through the Website, or (7) attempt to gain unauthorized access to the account of any other user or entity, or otherwise interfere with any other user's or entity's use of the Website Violations of system or network security may result in civil or criminal liability. ThinkTac will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

(B) General Rules

Users may not use the Website in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

Furthermore, You acknowledge and agree that You will not create disputes with other users of the Services, collect or store personal data about other users of the Services, transmit any material or User Generated Content that contains viruses or any other computer code that might interrupt, limit or interfere with the functionality of the Services, or post User Generated Content that disparages or insults any user or ThinkTac.

INDEMNITY

The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of the Website; or their breach of the terms and conditions specified under this Terms of Use document.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY

The Website, the Services and Products and each portion thereof are provided "as is" without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Laws of India, We disclaim all warranties, express or implied, with respect to the Website, the Services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights.

For the purpose of this Terms of Use, “Applicable Law” shall mean, any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any authority in India having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Use or thereafter.

Except for the limited 90 day warranty provided by the Company on its Products, the Company does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise with respect to, the Website or its Services and the Products made available on the Website.

User agrees that neither Company nor its directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the Service or/and for cost of procurement of Products or/and Services or resulting from any goods or/and data or/and information or/and Services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the Service or/and resulting from unauthorized access to or/and alteration of User's transmissions or/and data or/and arising from any other matter relating to the Service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.

User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of Service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.

User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.

If You are dissatisfied or harmed by this Website or anything related to the Website, You may terminate these Terms of Use in accordance with the provision for ‘termination’ provided below

The Company does not guarantee that the Website will function without interruption or errors in functioning. In particular, the operation of the Website may be interrupted due to maintenance updates, or system or network failures. In the event of interruption in accessing the Website due to the above mentioned reasons, ThinkTac shall inform the User of the same, and ThinkTac disclaims all liability with respect to delay in provision of Services due to the same.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

In no event shall the Company be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.

ADVERTISEMENT AND THIRD-PARTY CONTENT

From time to time, We may incorporate advertisements, information, features and services provided by other users or third parties (hereinafter referred to as “Third Party Content”). We do not endorse, guarantee, or make any representations or warranties regarding the quality, availability or completeness of any Third Party Content, or its compliance with any law, rule or regulation. Subject to the terms of the applicable service or other applicable agreements, we may remove Third Party Content upon written request by its owner or licensor. You may refer to the terms of use and privacy policy applicable to such Third Party Content prior to using it.

LINKS TO THE OTHER SITES

Our website may contain links to third party websites and are governed by their respective terms of use and privacy policy. These Terms and Conditions are applicable only to the use of our Website. We shall in no way be responsible in way for Your use of such third party websites.

USER FEEDBACK/COMMENTS/SUGGESTIONS

We encourage Users to submit/ post/ share their comments/ suggestions/ opinions/ feedback etc. (“User Feedback”) with Us

The User agrees and acknowledges that:

  1. The User Feedback does not contain any confidential information or is not in violation of any third party right including intellectual property rights;
  2. The User Feedback shall not be unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or is otherwise inappropriate as under Applicable Law;
  3. We are not under any obligation of confidentiality, express or implied, regarding the User Feedback;
  4. We reserve the right to use or disclose such User Feedback for any purpose, in any way, as We deem fit;
  5. We are not obligated to review the User Feedback; and
  6. We reserve the right to reject, remove, delete or edit such User Feedback, at any time, without any reason, without providing any notice.

All User Feedback submitted or offered to the Company on or through the Website or otherwise disclosed, submitted or offered in connection with Your use of this Website or use of the Service(s) shall be and remain the property of the Company. Such disclosure, submission or offer of any User Feedback s shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the User Feedback. Thus, the Company owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any User Feedback. The Company shall be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating You in any way. The Company is and shall be under no obligation: (a) to maintain any User Feedback in confidence; (2) to pay You any compensation for any User Feedback; and/or (3) to respond to any User Feedback.

TERMINATION

ThinkTac may terminate these Terms of Use immediately without notice in the event of any breach by You of these Terms of Use or any of our applicable policies, as posted on the Website from time to time or upon a misuse of the Services by You.

You may terminate these Terms of Use, for any or no reason, at any point in time.

In the event of any termination or expiration of these Terms of Use, the following sections of these Terms of Use shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, fraud or abuse, governing law and dispute resolution and the provisions of this section.

You agree that upon the termination of these Terms of Use, We may delete all information related to You with respect to the Services availed by You.

SEVARABILITY

If any part of the Terms of Use for Services are determined to be invalid or unenforceable pursuant to applicable laws of India, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use for Services shall continue in effect.

GENERAL

Unless otherwise specified herein, these Terms of Use for Services constitute the entire agreement between you and ThinkTac in respect of the Services and supersedes all previous written and oral agreements between you and ThinkTac, if any. ThinkTac’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.

GOVERNING LAW

These Terms of Use shall be governed by and constructed in accordance with the applicable laws of India without reference to conflict of laws principles. The courts in Bangalore, India shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under these Terms of Use.

GREIVANCE OFFICER

In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Mr. Raghu A.P

Raghu.ap@thinktac.in