TERMS OF USE

In short (and plain English), by using our services, you are agreeing to our terms. What we ask is that you be nice, respectful of others, and not do or say anything that is insulting, inflammatory, or untrue and please don’t infringe on other people’s rights.

Terms of Use

These Terms of Use are between you and ThinkTac (“ThinkTac”, “we” or “our”) and govern your use of the website located at https://thinktac.in and other services we may make available from time to time to users (together, the “Services”). Please read these terms and conditions carefully before using the Services. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THESE TERMS OF USE.

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.

Prices for products are quoted in Indian Rupees are valid only in India.

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.

Profiles, Blogs and Boards.

In connection with the Services, 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 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.com profile. By using the 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 Connect feature, you also agree to allow Facebook, Inc. to use information about your activities on the ThinkTac website and to access your Facebook cookies. Your activities on Facebook are covered by the Facebook, Inc. privacy policy and terms of use available online at https://www.facebook/policies.

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 “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.

User Disputes. 

You are solely responsible for your interactions with other users on and through the Services. ThinkTac reserves the right – but has no obligation to monitor – disputes between users. In the event a dispute arises between you and ThinkTac or another user, please e-mail the Company at info@thinktac.in and we will work quickly towards a resolution. ThinkTac will attempt to address all complaints pertaining to illegal, harassing, offensive, fraudulent or otherwise inappropriate conduct or activity. However, we encourage you to immediately report threatening or illegal third party conduct to local police.

Ownership and Use of Website Content. 

Except as otherwise set forth herein, all website content is owned by ThinkTac and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the website content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of the website content on any other website, or any other republication or redistribution of the website content, is expressly prohibited without the prior written permission of ThinkTac. Please contact us at info@thinktac.in with any licensing inquiries.

Other than personally identifiable information, which is subject to our Privacy Policy, any other User Generated Content is and will be considered non-confidential and non-proprietary. As between you and us, you retain ownership over your lawfully created User Generated Content but we may use any or all User Generated Content for any purpose whatsoever, which includes, without limitation, the right to copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, create derivative works from and edit any such User Generated Content for any purpose, commercial, advertising, or otherwise.

Advertisements and Third Party Content.

From time to time, we may incorporate advertising, information, features and services provided by other users or third parties (“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. Please consult the Terms of Use and Privacy Policy applicable to such Third Party Content prior to using it.

Limitation of Use.

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

  • 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;
  • violates the copyright, trademark or other intellectual property rights of any other person or ThinkTac;
  • is false, inaccurate or misleading or improperly assumes or claims the identity, characteristics or qualifications of another person;
  • imposes an unreasonable or disproportionately large load on any infrastructure supporting the Services;
  • is for the purpose of spamming or promoting goods or services without our prior authorization;
  • is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items;
  • 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
  • is libelous 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.

Contests. 

By participating in any contest, drawing, game or competition organized or sponsored by ThinkTac (each, a “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 then only to the extent) expressly set forth in the applicable Contest rules. You agree to release and hold harmless the ThinkTac Parties 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.

Intellectual Property. 

ThinkTac and third party trademarks may or may not be designated as such from time-to-time through the TM or ® symbols. Nothing herein grants you any license to use or any right, title or interest in any ThinkTac names, trade names, trademarks, service marks, taglines, logos, patents, patent applications, formulas, technology or designs (whether or not the subject of a patent application) (together, “ThinkTac IP”).

Registration and Security.

In connection with your use of the Services, you may establish or otherwise receive ThinkTac user IDs, passwords and other security codes (“User Codes”) that you may need in order to access and use certain portions of the Services. You agree to provide true, accurate, current and complete information about yourself as prompted by any registration forms (“Registration Information”) and maintain and promptly update the Registration Information to keep it true, accurate, current and complete.

Prices and Payments.

You agree pay all charges and fees applicable to your transaction, including without limitation, taxes, shipping and handling, and duties and customs fees (for international orders) in accordance with the billing terms that were in effect at the time the charges or fees became payable. ThinkTac reserves the right to change the amount of, or the basis for determining, any charges or fees and to institute new charges or fees (such new charges or fees will only be instituted with prior notice to you).

Returns.

You may request a full refund for any unopened non-sale merchandise that is returned within 15 days of the date of purchase by credit card. Returned items must be in unopened, saleable condition, accompanied by the original receipt, in order to be eligible for refund or credit. ThinkTac does not offer refunds or credit for purchases made through third parties. There are no cash refunds and we do not credit or refund charges for shipping or handling.

Availability.

Not all of the Services are available in all geographic areas. The Services are not directed at, or intended for distribution to or for use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-India jurisdiction or country that would subject ThinkTac or its licensees or affiliates to any registration requirement within such jurisdiction or country.

NO WARRANTY.

THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK, THAT ANY AND ALL CONTENT, MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THEIR PROPERTY ARISING FROM USE OF THE SERVICES OR THE CONTENT. THINKTAC SHALL NOT BE RESPONSIBLE FOR SHIPPING OR FULFILLMENT DELAYS, THE CANCELLATION OF ANY TRANSACTION OR THE UNAVAILABILITY OF ANY PRODUCT.

NO LIABILITY.

You understand that your use of the Services is at your own risk. ThinkTac shall not be responsible for any damages that may arise in connection with any transaction, your use of the Services, User Generated Content or these Terms of Use.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW , THE THINKTAC SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTIES CLAIMING THROUGH OR UNDER YOU UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS, LOST DATA, EQUIPMENT DOWNTIME, OR FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOSSES, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO INTERRUPTIONS OR DELAYS IN TRANSMISSION, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THINKTAC HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IF YOU ARE DISSATISFIED WITH THE SERVICES, FULFILLMENT OF ANY ORDER, DO NOT AGREE WITH ANY PART OF THIS AGREEMENT OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY OF THE THINKTAC PARTIES RELATED TO THE SERVICES OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE EXTENT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT IN THE ABSENCE OF THIS LIMITATION OF LIABILITY THESE TERMS OF USE WOULD BE MATERIALLY DIFFERENT OR YOU WOULD NOT BE GRANTED ACCESS TO THE WEBSITE.

Indemnification.

You agree to indemnify, defend and hold harmless the ThinkTac Parties from any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys’ fees, costs and expenses) that result from, arise out of or are in any way connected with your use of the Services or any Content, your breach of these Terms of Use, or your infringement, or infringement by any other person using your account, of any ThinkTac IP or other right of ThinkTac or any third party. ThinkTac shall have the right at its own expense, but not the obligation, to assume the exclusive defence and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of ThinkTac. These Terms of Use will inure to the benefit of the parties and their successors, assigns, licensors and licensees. You covenant to cooperate fully in the defence of any claim.

Term & Termination.

These Terms of Use shall commence when you first visit the ThinkTac website, make a purchase through the website, or use any ThinkTac mobile application, view any Content or use any feature incorporated in the Services, and shall apply to all of your subsequent visits and uses. ThinkTac may, with or without cause, immediately terminate these Terms of Use without notice, and deny you access to any Services in its sole discretion. You are personally liable for any order placed or charges incurred through your account prior to termination.

Changes.

The Content, the Services and these Terms of Use are subject to change and updating by ThinkTac and our affiliates, licensees, partners, agents and representatives at any time without prior notice. The changes may include superseding terms and conditions. YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of any ThinkTac Services constitutes your acceptance of any change or update, all of which shall become controlling when posted.

Privacy.

Please click here for our Privacy Policy.

Applicable Law; Jurisdiction. 

The Services along with all products and features are designed for personal and legal uses only. It is your responsibility to comply with all applicable laws when using the Services. The laws of India will govern these Terms of Use, without regard to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement. Any and all claims and controversies arising out of and related to the Privacy Policy and these Terms of Use shall be settled in the courts of Bangalore. The foregoing shall not preclude ThinkTac from seeking any injunctive relief in courts of competent jurisdiction located in other countries and jurisdictions for protection of the ThinkTac IP.

The website https://thinktac.in is maintained by ThinkTac.