Terms and Conditions for thiNKnow Ltd
Introduction
These Terms and Conditions (“Terms”) govern your access to and use of our website, https://www.thinknowltd.com/ (the “Site”), owned and operated by thiNKnow Ltd(“thiNKnow “, “us”, “we”, or “our”). Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services provided therein. Use of the Site
The content and services provided on the Site are for general information purposes only. You agree to use the Site 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.
Copyright and Intellectual Property Rights
All content on the Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads and software, is the property of thiNKnow or its content suppliers and is protected by copyright and other intellectual property rights laws. You may not reproduce, copy, distribute, modify or create derivative works from any part of the Site without the express written permission of thiNKnow .
User-Generated Content
The Site may allow you to submit, post, or share content, such as comments, reviews, or other materials (“User-Generated Content”). You retain all ownership rights in your User-Generated Content. However, by submitting User-Generated Content to the Site, you grant thiNKnow a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User-Generated Content in connection with the Site and ThinkNow’s business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User-Generated Content you submit and that your User-Generated Content does not violate any copyright, trademark, trade secret, or other intellectual property rights of any third party.
Disclaimer of Warranties
The Site is provided on an “as is” and “as available” basis without any warranties of any kind. thiNKnow expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Site will meet your requirements, be uninterrupted, timely, secure, or error-free.
Limitation of Liability
In no event shall thiNKnow or its directors, employees, agents, or suppliers be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
Indemnification
You agree to defend, indemnify, and hold harmless thiNKnow and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User-Generated Content caused damage to a third party. This defence and indemnification obligation will survive these Terms and your use of the Site.
Modifications to the Site and Terms
thiNKnow reserves the right, at its sole discretion, to modify or replace these Terms at any time without prior notice. By continuing to access or use the Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Site.
We also reserve the right to modify, suspend, or discontinue the Site or any part thereof, with or without notice, at any time and for any reason.
Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in the United Kingdom, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms will continue in full force and effect.
Contact Information
If you have any questions or concerns about these Terms, please contact us at nicola@thinknowltd.com.
By using our Site, you agree to be bound by these Terms and Conditions. If you do not agree with any of these terms, you are prohibited from using or accessing the Site.
Intellectual Property Rights
All intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, and patents, in the Site and its content, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, and software, are owned by thiNKnow or its licensors. You may not copy, reproduce, distribute, republish, download, display, post or transmit any part of the Site without written consent from ThinkNow.
Termination
thiNKnow may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of these Terms that, by their nature, should survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by thiNKnow without restriction.
No Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and thiNKnow ‘s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Entire Agreement
These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and thiNKnow and govern your use of the Site, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and thiNKnow (including, but not limited to, any prior versions of the Terms).
Changes to Terms and Conditions
thiNKnow reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use the Site.
Miscellaneous
These Terms constitute the entire agreement between you and thiNKnow concerning your use of the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.