These terms and conditions govern your use of this Site. By using this Site, you agree to these terms and conditions. If you do not agree with any of these terms, you must exit this site immediately. For convenience, this Agreement refers to ThinkSmart as “we” or “us”, refers to users as “you” or “user”, and refers to this website as the “Site”.
We may from time to time modify or remove these terms and conditions. If we do, this posting will be updated. You should periodically visit this part of this Site to review the terms and conditions.
This site contains material protected by law, including but not limited to copyrights and trademarks. All material provided on this Site is owned by us or the original creator of the material. The material on the Site may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission from us or the copyright owner, you may also not, without our permission, “mirror” any material contained on this Site on any other server or hyperlink to other websites with this site.
Disclaimer and Limitation of Liabilities
This Site, and the services available through it, are provided on an “as is”, “as available” basis. We make no representations or warranties of any kind whatsoever, express or implied, including without limitation, merchantability or fitness for a particular purpose. Under no circumstances shall we be liable for any direct, consequential, incidental, special or punitive damages, including but not limited to lost profits, business interruption or loss of business information. For your convenience, this Site contains links to other sites that are not controlled or affiliated with us. Those sites may also contain links to other sites. We are not responsible for the contents of any linked site, including other links. We expressly disclaim any responsibility, endorsement or warranty of any linked site, any services or goods advertised or available through any linked site, and any information that is referenced in or by a linked site.
You agree that, while using this Site, you shall not:
- upload or transmit any information or data that is unlawful, harmful, obscene, or otherwise objectionable, as determined by us in our sole discretion;
- harass, or threaten any person;
- misrepresent your identity or affiliation with any other person;
- restrict or inhibit any other User from using and enjoying this Site or interfere with any other User’s use of this Site;
- transmit any bulk e‐mails, advertisements, or other unsolicited commercial communication or engage in spamming or flooding;
- transmit any virus, trojan horse, worm or other harmful computer programming routine;
- attempt to gain unauthorised access to other computer systems through this Site;
- transmit any information through this site that is misleading, fraudulent or counterfeit, or that infringes on any intellectual property right of ThinkSmart or any other person; violate any local rules or applicable laws regarding online conduct and acceptable materials.
We welcome your feedback, data, questions, answers, comments, suggestions, plans and ideas (“submissions”). We shall not be obligated to keep any submission confidential. We shall own all rights and title in the submissions and shall be free to use the submissions, without liability, for any purpose. If you would like to present confidential or proprietary information, please contact us directly so that we can make arrangements for this disclosure.
We have the right, but not the obligation, to monitor this Site and your use of the Site from time to time, in order to determine compliance with these terms and conditions and any other operating rules that we may establish from time to time. We are not obligated to review all information transmitted through this Site or materials posted to this Site by Users.
We strive to maintain a useful and reliable website, and we make reasonable commercial efforts to do so. Still, outages and other interruptions will occur from time to time. Because of various factors outside of our control, we can not guarantee continuous, uninterrupted or secure access to this Site or the services provided through this Site. You agree not to hold us liable for any costs, damages, or liabilities that you incur as a result.
Choice of Law
This Agreement shall be governed by and in accordance with the laws of South Africa, without regard to conflicts of law provisions, and Users of this site agree that any dispute regarding these terms and conditions shall be raised in the courts located in South Africa.
If any of these terms and conditions is held to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect. The failure of any party to exercise or enforce any rights shall not constitute a waiver of such right. These terms and conditions, together with the information provided by us on this Site, comprise the entire agreement between you and us and supersedes all prior agreements regarding the subject matter contained herein. All provisions in this Agreement regarding representations and warranties, indemnifications, disclaimers and limitations on liability shall survive any termination of this Agreement.