THIS DOCUMENT IS A LEGAL CONTRACT. PLEASE READ IT CAREFULLY BEFORE USING THIS WEBSITE, OR ANY OF ITS CONTENTS OR SOFTWARE. BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO THEM. IF YOU ARE AGREEING TO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS OF USE. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, THEN YOU MUST NOT USE THIS WEBSITE OR ANY OF ITS CONTENTS OR SOFTWARE.

 

1. Agreement to Terms

This Website (thinkr.co.nz) and its contents are made available by thinkr Publications NZ Limited (thinkr). Your use of this Website or any of its contents or software indicates your agreement to be bound by these Terms of Use (Terms of Use). These Terms of Use govern your use of the Website, and the products, software, and services sold and provided by thinkr. By using the Website and the products, software, and services sold and provided by thinkr, you signify that you acknowledge and agree to these Terms of Use. In addition, when using the Website and the products, software, and services sold and provided by thinkr, you will be subject to any posted guidelines or rules applicable to the Website and such products, software, or services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. If you do not agree to these Terms of Use, please do not use the Website, or the products, software, or services sold and provided by Thinkr.

Thinkr reserves the right, in its sole and absolute discretion, to change, modify, add, or remove portions of these Terms of Use at any time without notice. Please check these terms periodically for changes. Your continued use of the Website, or the products, software, and services sold and provided by Thinkr, after the posting of changes to these Terms of Use means you agree to abide by the Terms of Use as revised. Please note that some of the products, software, or services offered and provided by Thinkr may be accompanied by their own licenses or terms of use. With respect to your rights in and obligations regarding such products, software, and services, and to the extent there is a conflict, those licenses or terms of use take precedence over these Terms of Use, and you agree to be bound accordingly.

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2. Ownership

The Website (thinkr.co.nz) is owned and operated by thinkr Publications NZ Limited (thinkr). The contents of the Website are copyrighted and owned exclusively by thinkr. All rights are expressly reserved. thinkr and all associated logos, characters, trademarks, service marks, artwork, stories, photographs, images, information, names, and other elements associated therewith are and remain the sole and exclusive property of thinkr or their respective owners. No licenses or other rights in or to such logos, characters, trademarks, service marks, artwork, stories, photographs, images, information, names, or other elements are granted to you by these Terms of Use. Any use of any of the materials on the Website other than for private, non-commercial viewing purposes is strictly prohibited. The sale, auction, lease, loan, gift, trade, or barter, or use of any of the logos, characters, trademarks, service marks, artwork, stories, photographs, images, information, names, text, graphics, audio or video material, stills from audiovisual material, or any other materials contained on the Website, for any other purpose, in any form, media, or technology, whether now known or hereafter developed, including the use of any of the aforementioned materials on any other website or networked computer environment, without the prior written consent of thinkr, is expressly prohibited. Modification of such materials or use of such materials for any other purpose is a violation of thinkr's proprietary and intellectual property rights.

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3. Links

The Website (thinkr.co.nz), or the products, software, and services sold and provided by thinkr Publications NZ Limited (thinkr), may provide links to other websites or content that is not hosted or managed by thinkr, and you agree that thinkr has no control over, responsibility for, or liability whatsoever relating to any such websites or content, including your use of them. thinkr does not endorse any such websites, or the information, material, products, software, or services contained on or accessible through such websites. Furthermore, thinkr makes no express or implied warranties regarding the information, material, products, software, or services that are contained on or accessible through such websites. Access and use of such websites, including information, material, products, software, and services contained on or available through such websites, are solely at the user's own risk.

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4. Submissions

You acknowledge and agree that thinkr Publications NZ Limited (thinkr) company policy provides that if you send us creative suggestions, testimonials, ideas, notes, drawings, concepts, photographs, images, or other information, irrespective of form or media, of any kind or nature whatsoever (Submissions), such Submissions shall be deemed and shall remain the exclusive property of thinkr in perpetuity, subject to applicable federal and state laws. By making Submissions, the sender automatically grants, or warrants that the owner of such material expressly grants, thinkr the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) and to incorporate it in other works in any form, media, or technology now known or hereafter developed, for the full term of any copyright, trademark, or patent that may exist in such material for any purpose that thinkr chooses, whether internal, public, commercial, or otherwise, without any compensation, credit, or notice to the sender whatsoever. The sender waives all so-called "moral rights" and goodwill with respect to all such Submissions. The sender further waives the right to make any claims against thinkr relating to unsolicited Submissions, including, but not limited to, unfair competition, breach of implied contract, and breach of confidentiality, and further agrees to indemnify, defend, and hold harmless thinkr, its partners, officers, employees, and agents from all third-party claims associated with such Submissions and the usage thereof.

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5. Disclaimer of Warranties

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE, AND THE PRODUCTS, SOFTWARE, AND SERVICES SOLD AND PROVIDED BY THINKR, AS WELL AS ANY OTHER MATERIALS ON THE WEBSITE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THINKR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THINKR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE, OR THE PRODUCTS, SOFTWARE, AND SERVICES OFFERED AND PROVIDED BY THINKR, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, OR THE PRODUCTS, SOFTWARE, AND SERVICES SOLD AND PROVIDED BY THINKR, OR ANY SERVER THAT MAKES THEM AVAILABLE, WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THINKR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE WEBSITE OR THE PRODUCTS, SERVICES, OR SOFTWARE OFFERED OR PROVIDED BY THINKR, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS, SUITABILITY, COMPLETENESS, OR OTHERWISE. YOU AGREE TO ASSUME ALL RISK OF LOSS OR LIABILITY FOR THE USE OF THE WEBSITE AND ANY MATERIALS ON IT AND THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF ANY OR ALL IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY.

 

6. Billing

thinkr Publications NZ Limited (thinkr) provides numerous products and services in connection with its business. With respect to products and services provided hereunder, you can purchase books directly through the thinkr website. You will be charged the applicable fees to the debit card, credit card, or other payment form provided during the purchase. Billing rates are subject to change at any time in thinkr's sole discretion. All such pricing changes will be posted to the Website. We will begin billing you for the books at the time of purchase unless otherwise stated. You may log in and buy books at any time; however, there are no refunds or credits for purchased books. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PURCHASES.

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7. Authorization

You authorize thinkr Publications NZ Limited (thinkr) to charge the credit or debit card provided to pay for any eBooks or other products purchased on the thinkr website. By logging in to the thinkr website, selecting an eBook, and proceeding with the payment, you agree to pay the applicable fees for the chosen products. thinkr reserves the right to change the pricing of its products at any time, and such changes will be posted on the Website. There are no refunds or credits for purchased eBooks.

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8. Privacy Policy

thinkr Publications NZ Limited (thinkr) is committed to protecting your privacy. thinkr collects only the information that is necessary to process your order. Please visit thinkr.co.nz/privacy-policy to read the thinkr Privacy Statement.

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9. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THINKR PUBLICATIONS NZ LTD (THINKR) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE WEBSITE, OR THE PRODUCTS OR SERVICES PROVIDED BY THINKR, EVEN IF THINKR HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE). TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST THINKR FOR LOST DATA, SERVICE INTERRUPTIONS, SYSTEM FAILURES, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS IN CONNECTION WITH THE WEBSITE OR THE PRODUCTS, SOFTWARE OR SERVICES OFFERED AND PROVIDED BY THINKR. YOU AGREE TO HOLD THINKR HARMLESS FROM, AND YOU COVENANT NOT TO SUE THINKR, FOR ANY CLAIMS IN CONNECTION WITH THE WEBSITE, OR THE PRODUCTS OR SERVICES PROVIDED BY THINKR. IN NO EVENT SHALL THINKR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO THINKR FOR ACCESSING OR USING THE WEBSITE, OR THE PRODUCTS OR SERVICES PROVIDED BY THINKR.

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10. Accurate Information on File

If the information pertaining to your credit or debit card is changed for any reason, including changes in your home or billing address, changes in the card expiration date, or if your credit card is lost or stolen, you must immediately inform thinkr Publications NZ Limited (thinkr) by email at info@thinkr.co.nz. Your failure to do so is a material breach of these Terms of Use, and, in the event of your failure to notify thinkr, thinkr disclaims all responsibility for charges posted to a lost or stolen credit card.

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11. Consumer & Customer Information Privacy & Confidentiality

You acknowledge and agree that you desire to comply with the requirements of New Zealand's Privacy Act 2020, and any other applicable privacy laws and regulations, as they relate to the disclosure and protection of Personal Information (PI) for consumers and customers. To the extent applicable, you will substantially comply with the Privacy Act 2020 and will keep confidential all consumer and customer PI received or obtained by you in accordance with the provisions of the Privacy Act 2020.

You may use consumer and customer PI you receive or obtain from thinkr Publications NZ Limited (thinkr) or another user of the Website only for the purpose for which such information was delivered or made available, and only for such other purposes permitted under applicable laws. The stated purpose in this case is to assist you through internet and web activities with the collection of consumer and customer PI, to deliver said information to you for use in connection with the stated purposes of the Website. You agree to maintain physical, electronic, and procedural safeguards, as necessary, that comply with federal regulations to guard PI you receive from thinkr or other Website users pursuant to these Terms of Use and any services agreement entered by you and thinkr.

You agree to be responsible for any breach of these Terms of Use by you and any of your agents or advisors (including, without limitation, attorneys, accountants, consultants, and contractors). In the event you discover or become aware that another party's PI has been used in an unauthorized manner or disclosed in violation of these Terms of Use, you will immediately notify such other party (the "Aggrieved Party") of such event, and will indemnify, defend, and hold thinkr, its managers, members, officers, employees, and agents, harmless from all claims, damage, liability, costs, and expenses (including court costs and reasonable attorneys' fees) arising or resulting from the unauthorized use or disclosure. In addition, thinkr will be entitled to all other remedies available at law or equity, including injunctive relief. Upon the request of thinkr, you will promptly return all PI of a specific party received by you from such party or will promptly destroy all materials containing such PI (and any copies, extracts, and summaries thereof).

 

 

12. Miscellaneous

The failure of thinkr Publications NZ Limited (thinkr) to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use shall be governed by and construed in accordance with the laws of New Zealand, without regard to choice of law rules. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Website, software, products, or services offered by thinkr, shall be filed only in the courts of New Zealand, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in full force and effect. You agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of personal, technical, public, or other data exported from New Zealand or the country in which you reside. As a condition of your access and use of the Website, and the products and services offered by thinkr, you warrant that you will not use the Website, or the products and services offered by thinkr for any purpose that is unlawful or prohibited by these Terms of Use. These Terms of Use constitute the entire agreement between you and Thinkr regarding their subject matter and supersede any prior versions of these Terms of Use. No modification to the Terms of Use will be binding, unless authorized by thinkr in writing or as provided above. Any express waiver or failure to exercise any right under these Terms of Use will not create a continuing waiver or any expectation of non-enforcement. Paragraph headings and captions are for convenience only and are not to be considered in determining the meaning or effect of these Terms of Use. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Thinkr because of these Terms of Use or your access to or use of the Website, or the products or services offered by Thinkr in connection with the Website.

If you have questions or comments, please contact us at info@thinkr.co.nz.