Legal Policy
Thinkogic Terms of Service
Last Modified: 21 February, 2024
PLEASE READ THESE WEBSITE’S TERMS OF SERVICE CAREFULLY.
Hello and welcome to the Thinkogic Website Terms of Service (“Terms of Service”), which apply to Thinkogic.com, Thinkogic.in, and any other website that displays these terms (each a “Site”). Thinkogic (“Thinkogic” or “we”) manages each Site to enable online access to information about Thinkogic and the products, services, and opportunities we offer.
By accessing and using a Site, you agree to these Terms of Service and our Privacy Policy available at https://thinkogic.com/policies/privacy-policy/.
We retain the right to change these Terms of Service at any moment without giving you prior notice. Your continued use of a Site following any such modification indicates your agreement to follow and be bound by the Terms of Service, as updated. The latest date these Terms of Service were changed is listed above, so please check back for revisions.
Because our Terms of Service govern your use of a Site, please be sure to read them carefully, which contain the following sections:
1. Site Usage Permissions
You may use this Site and the information, writings, images, and/or other works that you see, hear, or otherwise experience on a Site (individually or together, the “Content”) solely for not-for-profit, personal use, and/or to learn about Thinkogic and the products, services, and opportunities we provide, per these Terms of Service.
2. Prohibited Use of a Site
By accessing a Site, you agree not to:
- Use a Site in violation of our Terms of Service.
- Copy, change create an imitation from, reassemble, or reverse construct a Site, or otherwise seek to find any source code, or enable any third party to do so.
- Sell, assign, sublicense, distribute, financially abuse, give a security attraction, or otherwise transfer any right in, or make available to a third party, the Content or Site in any manner whatsoever;
- Use or start any computerized system, including without limitation, “robots,” “spiders,” or “local readers,” that accesses a Site in a way that sends more request notifications to the server systems hosting Thinkogic’s products, services, and Sites in a given time than a human can reasonably produce in a similar period using an average on-line web browser.
- Use a Site in any way that harms, blocks, overloads, or degrades any Thinkogic website, or interferes with any party’s use and enjoyment of a Site;
- Clone or screen a site or any portion of it on another website or web page. Attempt to obtain unauthorized access to a website.
- Access a Site using any method other than the interface provided by Thinkogic;
- Use a Site for any unlawful or prohibited purpose or manner as stated in this Agreement.
Unauthorized use of any Content or Site may be a violation of patent, copyright, trademark, and other applicable laws.
3. Indemnification
You acknowledge and agree that you are individually accountable for your actions on the Site. You agree to compensate, safeguard, and hold harmless Thinkogic, its holding companies, divisions, associated businesses, collaborative ventures, partners in business, licensees, employees, representatives, and any third-party information providers from and against any claims, damages, expenses, harms, and costs (including, but not limited to, direct, incidental, serious, outstanding, and indirect damages), as well as fair attorneys’ fees, that result from or arising out of your use, misuse, any inability to use a Site or its Content, or any breach by you of these Terms of Service.
4. External links
Links on the Site to third-party websites or resources are offered exclusively for your convenience. If you use these hyperlinks, you will leave the Site and be governed by the third parties’ Terms of Service and Privacy Policies. These links do not indicate or signify Thinkogic’s approval, sponsorship, or suggestion of the third party, its website, or the material included therein. Thinkogic is not liable for the availability of any such websites. Thinkogic is not responsible or accountable for any of these websites or their content.
5. Disclaimers; Limitations of Liability
THINKOGIC AND ITS SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS MAKE NO WARRANTY AS TO THE APPROPRIATENESS, DEPENDABILITY, AVAILABILITY, ACCURACY, SAFETY, OR RELIABILITY OF A SITE OR ITS CONTENT FOR ANY INTENDED USE. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES, SITES, AND RELATED CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OR GUARANTEES OF ANY AND ALL KIND. THINKOGIC AND ITS SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO A SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, PERFORMANCE FOR A PARTICULAR PURPOSE, TITLE, AND NOT VIOLATING. NO STATEMENT OR INFORMATION RECORDED FROM THINKOGIC, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY AND EXPLICITLY OUTLINED IN THIS AGREEMENT. THE CONTENT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO CIRCUMSTANCES WILL THINKOGIC AND ITS SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SEVERE, ACCIDENTAL, UNIQUE, SIGNIFICANT, OUTSTANDING, OR OTHER TYPE OF LOSSES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE OR DATA, REVENUE OR EARNINGS, RESULTING OUT OF OR IN ANY WAY LINKED WITH THE USE OR PERFORMANCE OF, WITH THE DELAY OR FAILURE TO USE A SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING FROM THE USE OF A SITE, WHETHER BASED ON CONTRACT, WRONGDOING, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED SOLUTION TO ACHIEVE ITS NECESSARY PURPOSE, OR EVEN IF THINKOGIC OR ANY OF THINKOGIC’S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES BECAUSE CERTAIN STATES/JURISDICATIONS DO NOT ALLOW A WAIVER OR LIMITATION OF LIABILITY FOR INDIRECT OR INCIDENTAL LOSSES, THE FOLLOWING LIMITATIONS MAY NOT BE APPLICABLE TO YOU.
IF NEGLECTING THE OTHER TERMS OF THIS AGREEMENT, THINKOGIC IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY AND ALL LOSS, HARM, OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF THINKOGIC AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED RUPEES.
6. Downloading Materials
Thinkogic cannot and does not guarantee that files accessible for download on a Site are free of viruses, Trojan horses, spyware, or other malicious computer code, files, or applications.
7. Information & Materials You Publish or Share
You represent that you own all rights, titles, and interests in the materials you post on the Site or provide to Thinkogic (“Anything”), including any consent, permission, release, approval, or permit from any third party (including, but not limited to, any release related to privacy or publicity rights) required for you to provide, post, upload, input, or submit the Information. You additionally guarantee that posting such Materials is not in violation of or constitutes the infringement of any person’s or entity’s patent, copyright, trademark, trade secret, right of confidentiality, freedom of publicity, rights of morality, or other intellectual property right recognized by any applicable jurisdiction, nor does it constitute a violation of a contract with any other person or entity. You give us all rights, licenses, and permissions required for displaying, reproducing, and distributing Materials submitted or provided by you.
You represent and warrant that you are who you claim to be, that you did not provide imaginary, untrue, or incorrect information about yourself, and that all information mentioned in the submitted Information is true and your creation, or work you have been authorized to submit. You further represent that the uploaded Information does not include any threatening, harassing, inaccurate, insulting, hurtful, vulgar, or pornographic content, or any other material that would violate any other relevant law or regulations. You undertake not to give materially false information, deliberately or to deceive. You represent and warrant that the Materials you submit do not infringe the Terms of Service.
8. Trademarks & Copyrights
Each Site is built on a particular Thinkogic and incorporates the content. Each Site is protected by current intellectual property and additional laws, such as trademark and copyright statutes. Thinkogic owns and controls each Site, as well as any intellectual property rights therein. Thinkogic owns and controls all copyrights to the Content. Except as expressly permitted on a Site for specific Content, the Content may not be duplicated, replicated, altered, distributed, posted, submitted, transferred, performed, or spread in any manner, and you agree not to change, rent, lease, credit, offer for sale, share, pass on, broadcast, or create additional materials based on the Content or a Site, in whole or in part, by any means whatsoever. Thinkogic, the Thinkogic logos, and other marks used by Thinkogic from the beginning to the present time, including those listed on our trademarks page at https://thinkogic.com/branding-assets, are trademarks and property of Thinkogic. The Thinkogic.com website’s look, layout, color scheme, and design are all protected trade dresses. You are not granted any right or license to use the above. Thinkogic may use and integrate any recommendations or other input you submit without compensation or obligation.
9. General Guidelines
a. Entire Agreement/No Waiver. These Terms of Service reflect the parties’ complete agreement regarding the subject matter hereof. Thinkogic’s waiver of any breach or default hereof does not constitute a waiver of any previous or future breach or default.
b. Correction of errors and mistakes. The Content may contain grammatical or other mistakes or inaccuracies, and it may not be full or up to date. As a result, we retain the right to rectify any mistakes, inaccuracies, or errors in the Content, as well as alter or update it at any time without prior notification. We cannot promise that any mistakes, inaccuracies, or errors will be fixed.
c. Enforcement/Law. If any portion of these Terms of Service is found to be untrue or unconstitutional by a court of legitimate jurisdiction will not affect the validity or enforceability of the other provisions, which will continue in full force. All issues about these Terms of Service, Thinkogic’s Privacy Policy, your use of a Site, any other Thinkogic website, or the Content are governed by and interpreted per the laws of the Government of India, notwithstanding any conflict of laws provisions. You consent to the sole and absolute jurisdiction and venue of the national or state courts in Thane, Maharashtra, India. In the case of a disagreement about these Terms of Service, Thinkogic’s Privacy Policy, your use of a Site, any other Thinkogic website, or the Content.
10. Additional Terms
a) Profiles. Some websites, including marketplace.thinkogic.com, allow you to establish and manage a public profile. If you choose to establish a profile on a Site, you agree to i) be at least 18 years old; ii) give truthful and accurate information, to the best of your knowledge, to the degree you choose to offer it; and iii) follow any applicable laws.
We may limit profile-related features such as the number of interactions and the user’s ability to communicate with other users. We reserve the right to alter or remove your Contributions at our sole discretion. We also have the right to limit or suspend your account at our discretion.
You can view, modify, or delete your personal information by filling out the form found at https://thinkogic.com/privacy-form/.
