Terms of service.
Last updated 1 October 2021
1. Terms of Use: Welcome to the website of Thinkly Pty Ltd (ACN 630 683 322) (“Thinkly”). These Website Terms of Use (“Terms of Use”) apply to your use of this website. By using this website, you are deemed to have read and agree to be bound by these Terms of Use. If you do not accept these Terms of Use, you must leave this website immediately.
2. Privacy Policy: As well as these Terms of Use, the Privacy Policy also applies to your access to and use of the website. You should ensure that you read the Privacy Policy in conjunction with these Terms of Use. By accessing this website you are deemed to have read and agree to be bound by the Privacy Policy as well as these Terms of Use.
3. Amendments: Thinkly reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon being placed on this website. Your continued use of the website following such amendments being placed on this website will represent an agreement by you to be bound by the Terms of Use as amended. Such amendments may include replacing these Terms of Use with entirely new Terms of Use.
4. Not Professional Advice: The information contained on this website and any follow up information provided to you is general in nature, does not constitute professional advice and should not be relied on as such. Specific advice should be taken for specific fact situations. You cannot rely on the contents of this website, or our products and services provided through this website, as professional advice.
5. Intellectual Property: Unless otherwise stated, Thinkly is the owner of all copyright, trademarks and other intellectual property rights in this website. This includes, without limitation, all intellectual property rights in respect of all text, graphics, logos, images and any downloads that may be offered on this website. Thinkly’s ownership in such intellectual property is protected by both Australian and international law.
6. Licence: Thinkly grants you a limited licence (“Licence”) for the purpose of accessing and making personal use of this website. Any contravention by you of these Terms of Use terminates the Licence immediately. Under no circumstances, without the prior written approval of Thinkly, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of this website other than in accordance with the Licence. You shall not use any data gathering and extraction tools or software to extract information from this site. You shall not frame or utilise framing techniques to enclose any of the contents of this website without Thinkly’s express prior permission. You may not use any meta tags or other hidden text which incorporate Thinkly’s name or any of its intellectual property, including trademarks, without Thinkly’s express prior permission. Using any information or content included on this website other than in accordance with the Licence is strictly prohibited. You agree to fully indemnify Thinkly for any loss or damage it may suffer in contract, tort, equity, statute, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential, in respect of any third party claims against Thinkly, its related parties, employees, contractors or agents, that may arise as a result of your breach of the Licence.
7. Proprietary Notices: In the event that you are granted permission by Thinkly to use this website or any portion of it or its content other than for personal use, subject to any contrary agreement you reach with Thinkly, you must ensure that all copyright, trademark and other proprietary notices contained in the content are retained.
8. Content: Thinkly has endeavoured to take all reasonable and appropriate care in the preparation of the content of this website and Thinkly and has no reason to believe that any information contained on this website is inaccurate. However, Thinkly does not warrant the accuracy, adequacy, or completeness of such information or that such information is error free. Thinkly does not undertake to keep this website updated. Thinkly does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the
accuracy or currency of information contained on this website including without limitation where such loss or damage is a result of or contributed to by the negligence of Thinkly.
9. Linked Websites: This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. Thinkly is not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, including further links contained on those linked websites, unless and to the extent stipulated to the contrary.
10. Links: Thinkly requires that you obtain the prior written approval of Thinkly before providing any link to this website. Where such approval is given, you further agree that you will not use any Thinkly logo, trademark or other proprietary graphic as part of such link without the express prior approval of Thinkly.
11. Accessing: You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. Thinkly does not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of this website or any linked website.
12. Exclusion of Warranty: To the fullest extent permitted by law, in relation to your access and use of this website any condition or warranty either express or which would otherwise be implied by law into these Terms of Use is hereby excluded.
13. Exclusion of Liability: Under no circumstances will Thinkly, its employees or its agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of the website or in respect of any failure or omission on the part of Thinkly to comply with its obligations as set out in these Terms of Use in respect of your access and use of the website.
14. Limitation of Liability: In the event that any limitation or provision contained in these Terms of Use is held to be invalid or unenforceable for any reason and Thinkly becomes liable for any loss or damage that would otherwise have been excluded, Thinkly’s maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the website is to be limited to A$500.
15. Jurisdiction: This website is governed by and is to be interpreted in accordance with the laws of New South Wales, Australia, and in all matters relating to or arising from your use of the website, you agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia.
16. Disputes: In the event that you have a dispute in respect of the content of this website or relating to or arising from your use of this website, you must immediately notify Thinkly in writing giving details of the dispute.
17. Failure to Comply: Thinkly accepts no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond its reasonable control.
18. Waiver: If Thinkly waives any rights available to it under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
19. Severability: If any of these Terms of Use is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Use and the remaining Terms of Use shall continue in full force.
20. Queries: If you have any queries in regard to these Terms of Use please don’t hesitate to contact us at:
Email: hello@thinkly.com.au