Terms and Conditions
1. Introduction
3. Use by Legal Minors
4. Account Registration
Welcome to ThinkerPing! These Terms and Conditions ("Terms") govern your use of our online education platform ("Platform"). By accessing or using the Platform, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you must not use the Platform.
2. Definitions
Platform: The online education platform provided by ThinkerPing.
User: Any individual or entity accessing or using the Platform.
Content: All text, graphics, images, audio, video, software, data, and other materials provided through the Platform.
Account: A registered account created by a User to access and use the Platform.
3. Use by Legal Minors
3.1 Parental or Guardian Consent: If you are under 18 years old (a "Minor"), you may only use the Platform under the supervision and with the consent of a parent, guardian, or other trusted adult who is acting in your best interest (the "Responsible Adult"). By allowing a Minor to use the Platform, the Responsible Adult agrees to be bound by these Terms and to ensure that the Minor complies with them.
3.2 Responsibility of the Responsible Adult: The Responsible Adult acknowledges and agrees that they are responsible for:
Supervising the Minor's use of the Platform.
Ensuring the accuracy and completeness of any information provided by the Minor.
Monitoring the Minor's interactions and activity on the Platform.
Ensuring that the Minor's use of the Platform is appropriate and safe.
3.3 Compliance with Terms: The Responsible Adult agrees to be fully responsible for the Minor's compliance with these Terms. ThinkerPing reserves the right to terminate the Minor's access to the Platform if the Responsible Adult or the Minor violates these Terms or if the Responsible Adult fails to adequately supervise the Minor's use of the Platform.
3.4 Representation of Consent: By allowing a Minor to use the Platform, the Responsible Adult represents and warrants that they have the legal authority to act on behalf of the Minor and to provide the necessary consents and agreements on the Minor's behalf.
By using the Platform, the Responsible Adult and the Minor acknowledge and agree to the terms set forth in this clause.
4. Account Registration
4.1 To access certain features of the Platform, you must register for an Account.
4.2 You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
4.3 You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify ThinkerPing immediately of any unauthorized use of your Account.
5. Use of the Platform
5.1 ThinkerPing grants you a limited, non-exclusive, non-transferable, and revocable license to use the Platform in accordance with these Terms.
5.2 You agree not to:
Use the Platform for any unlawful purpose.
Violate any applicable laws or regulations.
Transmit any harmful, offensive, or inappropriate content.
Interfere with the security or operation of the Platform.
6. Content
6.1 ThinkerPing and its licensors retain all rights, title, and interest in and to the Content.
6.2 Users may submit, upload, or post Content to the Platform. By doing so, you grant ThinkerPing a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, display, and perform the Content in connection with the Platform.
6.3 You are solely responsible for any Content you submit, upload, or post. You represent and warrant that you have all necessary rights to the Content and that it does not infringe on the rights of any third party.
7. Payment and Fees
7.1 Access to certain features of the Platform may require payment of fees. All fees are non-refundable, except as required by law.
7.2 You agree to pay all applicable fees and charges in accordance with the payment terms specified on the Platform.
8. Termination
8.1 ThinkerPing may terminate or suspend your access to the Platform at any time, without notice, for conduct that ThinkerPing believes violates these Terms or is harmful to other Users, ThinkerPing, or third parties.
8.2 You may terminate your Account at any time by contacting ThinkerPing.
9. Disclaimer of Warranties
9.1 The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of Liability
10.1 To the fullest extent permitted by law, ThinkerPing shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
Your use or inability to use the Platform.
Any unauthorized access to or use of our servers and/or any personal information stored therein.
Any interruption or cessation of transmission to or from the Platform.
Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform by any third party.
Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Platform.
11. Indemnification
You agree to indemnify and hold harmless ThinkerPing, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees and costs, arising out of or in any way connected with your access to or use of the Platform or your violation of these Terms.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Australia, without regard to its conflict of law principles.
13. Dispute Resolution
13.1 Any disputes arising out of or in connection with these Terms shall be resolved through negotiation between the parties.
13.2 If the dispute cannot be resolved through negotiation, it shall be submitted to mediation. If mediation fails, the dispute shall be submitted to binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration.
14. Changes to Terms
ThinkerPing reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on the Platform. Your continued use of the Platform after the changes become effective constitutes your acceptance of the new Terms.
16. Exemption of Liability for Copyright Infringement and Offensive Material16.1 Accidental Copyright Infringement: ThinkerPing does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content submitted by users. While we strive to ensure that content on the Platform complies with copyright laws, ThinkerPing cannot be held liable for any accidental copyright infringement. If you believe that any content on the Platform infringes upon your copyright, please contact us immediately with detailed information so that we can take appropriate action.16.2 Offensive Material: ThinkerPing does not endorse any content posted by users and is not responsible for monitoring or removing offensive material. We expect users to adhere to community guidelines and maintain a respectful environment. If you encounter offensive material, please report it to us. ThinkerPing will review and take action where necessary, but we cannot be held liable for any harm or offense caused by such content.16.3 Notification and Removal: Upon receipt of a valid notification of alleged copyright infringement or offensive material, ThinkerPing will act expeditiously to investigate and, where appropriate, remove or disable access to the infringing or offensive content. ThinkerPing disclaims any liability for content that is hosted or stored on the Platform by users and will not be held responsible for any inadvertent violation of third-party rights.By using the Platform, you acknowledge and agree that ThinkerPing shall not be liable for any claims, demands, damages, or losses arising from accidental copyright infringement or the presence of offensive material.
16. Exemption of Liability for Copyright Infringement and Offensive Material16.1 Accidental Copyright Infringement: ThinkerPing does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content submitted by users. While we strive to ensure that content on the Platform complies with copyright laws, ThinkerPing cannot be held liable for any accidental copyright infringement. If you believe that any content on the Platform infringes upon your copyright, please contact us immediately with detailed information so that we can take appropriate action.16.2 Offensive Material: ThinkerPing does not endorse any content posted by users and is not responsible for monitoring or removing offensive material. We expect users to adhere to community guidelines and maintain a respectful environment. If you encounter offensive material, please report it to us. ThinkerPing will review and take action where necessary, but we cannot be held liable for any harm or offense caused by such content.16.3 Notification and Removal: Upon receipt of a valid notification of alleged copyright infringement or offensive material, ThinkerPing will act expeditiously to investigate and, where appropriate, remove or disable access to the infringing or offensive content. ThinkerPing disclaims any liability for content that is hosted or stored on the Platform by users and will not be held responsible for any inadvertent violation of third-party rights.By using the Platform, you acknowledge and agree that ThinkerPing shall not be liable for any claims, demands, damages, or losses arising from accidental copyright infringement or the presence of offensive material.
16. Contact Information
If you have any questions about these Terms, please contact ThinkerPing at:
Email: support@thinkerping.com
Address: [Insert ThinkerPing Address]
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that ThinkePing makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the ThinkePing proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located at [ADDRESS];
"System": means any online communications infrastructure that ThinkePing makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by ThinkePing Ltd and acting in the course of their employment;
"Website": means the website that you are currently using ThinkePing and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means ThinkePing , a company incorporated in [COUNTRY] with Company registration Number [123456] , located at [Address].