WEBSITE TERMS AND CONDITIONS

“Credit” for drafting these terms and conditions goes to Contractology

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

[You must be at least eighteen [18] years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least eighteen [18] years of age.]

[This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our ,ThinkConsumer's, use of cookies in accordance with the terms of ThinkConsumer's [privacy policy / cookies policy].]

License to use website

Unless otherwise stated, ThinkConsumer and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.  

You must not:  

   • Republish material from this website (including republication on another website);
   • Sell, rent or sub-license material from the website;
   • Show any material from the website in public;
   • Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
   • Edit or otherwise modify any material on the website;
   • Or redistribute material from this website [except for content specifically and expressly made available for redistribution].

[Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].

Confidentiality Agreement

A. Definition

“Commercial Secrets” refer to practical information or business information that the “User”, by signing up for thinkc.com.cn and agreeing to the Company’s Privacy Policy, reads from a social group or any other user access to information on ThinkConsumer, thinkc.com.cn, ThinkConsumer.com or any Dianhuo Co. Ltd., hereafter referred to as the Company, website, app, other property, social media or any communication medium. They include but are not limited to all tangible or intangible information or material acquired by the User and specifically the questions asked by the moderator, advertisements, images, text, headlines, slogans, videos or any other information posted, shared through or obtained from a social group as an official agent of the Company.

B. Confidential Obligation

The User shall abide by Company confidentiality regulations and refrain from directly or indirectly releasing any business secrets of the company to a third party by any means. The User shall not use or allow a third party to use the business secrets of the Company.

Any loss that occurs to the company because of the User’s breach of its confidentiality obligations under this Agreement or other agreements shall be fully compensated by the User in accordance with relevant provisions of the Anti-Trust Law of the People's Republic of China and other agreements reached between the two Parties.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Think Consumer's express written consent.

[You must not use this website to transmit or send unsolicited commercial communications.]

[You must not use this website for any purposes related to marketing without Think Consumer's express written consent.]  

Restricted access

[Access to certain areas of this website is restricted.]  Think Consumer reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at Think Consumer's discretion.

If Think Consumer provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.  

[Think Consumer may disable your user ID and password in Think Consumer's sole discretion without notice or explanation.]

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Think Consumer a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Think Consumer the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Think Consumer or a third party (in each case under any applicable law).  

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Think Consumer reserves the right to edit or remove any material submitted to this website, or stored on Think Consumer's servers, or hosted or published upon this website.

[Notwithstanding Think Consumer's rights under these terms and conditions in relation to user content, Think Consumer does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  Think Consumer makes no representations or warranties in relation to this website or the information and materials provided on this website.  

Without prejudice to the generality of the foregoing paragraph, Think Consumer does not warrant that:

this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

Think Consumer will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

[to the extent that the website is provided free-of-charge, for any direct loss;] for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Think Consumer has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Think Consumer's liability in respect of any:

death or personal injury caused by Think Consumer's negligence; fraud or fraudulent misrepresentation on the part of Think Consumer; or matter which it would be illegal or unlawful for Think Consumer to exclude or limit, or to attempt or purport to exclude or limit, its liability.  

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  

If you do not think they are reasonable, you must not use this website.

Other parties

[You accept that, as a limited liability entity, Think Consumer has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Think Consumer's officers or employees in respect of any losses you suffer in connection with the website.]

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Think Consumer's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Think Consumer.  

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Think Consumer and undertake to keep Think Consumer indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Think Consumer to a third party in settlement of a claim or dispute on the advice of Think Consumer's legal advisers) incurred or suffered by Think Consumer arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to Think Consumer's other rights under these terms and conditions, if you breach these terms and conditions in any way, Think Consumer may take such action as Think Consumer deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Think Consumer may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Think Consumer may transfer, sub-contract or otherwise deal with Think Consumer's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.  

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.  

Entire agreement

These terms and conditions constitute the entire agreement between you and Think Consumer in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with [GOVERNING LAW], and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of [JURISDICTION].

ThinkConsumer's Details

The full name of ThinkConsumer is High Reach Holdings Co. Ltd.  

ThinkConsumer is registered in Hong Kong.

ThinkConsumer's [registered] address is Unit 1010, Miramar Tower, 132, Nathan Rd, TST  

You can contact ThinkConsumer by emailing to hello@thinkconumser.com.

ThinkConsumer

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