Terms of Service

 

Last Updated 10th September 2021

These terms and conditions (“Terms of Service”) govern your use of this website https://thinkcity.com.my/ (“Website”). In these Terms of Service, Think City Sdn. Bhd. is referred to as the “Company”, “Think City”,” “us,” or “we.”

By using this Website and its services you will be bound by these Terms of Service and the Company’s privacy policy which can be found at https://thinkcity.com.my/privacy-policy/ (“Privacy Policy”). If you do not agree to these Terms of Service and/or the Privacy Policy you must not use this Website or any service provided via it. Your use of the Company’s Website and Services (as defined below) means you agree to all the terms and conditions of this agreement.

INTRODUCTION

  1. Welcome to Think City. These terms and conditions apply to the services available from and related to the domain and sub-domains of the Website, including without limitation any Think City-owned or third-party communication channels accessible from or related to the content of the Website (together with the Website, the “Services”).
  2. For as long as Think City continues to offer the Services, it shall deliver, update, improve and expand the Services as it deems appropriate. As a result, Think City allows you to access the Website as it is and as available on any day, and it has no other obligations, except as expressly stated in these Terms of Service. Think City may modify, replace, refuse access to, suspend or discontinue the Website, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. Unless otherwise noted, all of these changes are effective once posted on our site or by direct communication to you. Your use of the Services following such posting or communication constitutes your acceptance of the updated terms and conditions of use.
  3. Nothing in these Terms of Service is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, create an agency relationship, or authorize any party to make or enter into any commitments for or on behalf of any other party.
  4. Think City does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the Services without the express consent of such person’s parent or guardian. The Services are not intended for use by anyone under the age of 13. If you are under 13, please do not register for or access the Services. If you are under 18 and wish to use the Services, please have your parent or guardian contact us at https://thinkcity.com.my/contact-us/. Until we receive consent from your parent or guardian, do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a child under age 18 without verification of consent from a parent or guardian, we will delete that information as quickly as possible. If you believe your child has submitted information to Think City without your consent and is under 18, please contact us at https://thinkcity.com.my/contact-us/.

YOUR USE OF THIS WEBSITE

  1. You must not use this Website for anything that is unlawful or is otherwise prohibited by these Terms of Service and/or any notices elsewhere on this Website.
  2. Think City advises that you seek professional advice before relying on any information on this Website. Under no circumstances will Think City be liable in any way for any information it provides on the Website or through the Services, including, but not limited to, any errors or omissions in any content and information, including but not limited to text, software, music, sound, photographs, graphics, video or other material (also known as “Content”), or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
  3. When using this Website, you must not:
    1. defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
    2. publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, offensive or unlawful material or information;
    3. upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights or have received all necessary consents;
    4. upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;
    5. impersonate any person or entity, including without limitation any employee or representative of Company;
    6. post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services;
    7. run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with or place an unreasonable load on the Services’ infrastructure or any third party websites or services;
    8. decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services;
    9. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
    10. falsify the origin or source of software or other material contained in a file that is uploaded;
    11. advertise or offer to sell any goods or services or conduct or forward surveys, competitions, or chain letters, or solicit donations; or
    12. download any file posted by another user of this Website that you know, or reasonably should know, cannot be legally distributed in such manner.
  4. If you link to the Website, Think City may revoke your right to so link at any time, at Think City ’s sole discretion. Company reserves the right to require prior written consent before linking to the Website.
  5. You will indemnify and hold Think City , its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your or your employees’ access to the Services, use of the Services, your violation of these Terms of Service , or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

 

DEALINGS WITH THIRD PARTIES

  1. Think City is not an agent of any third party or any party named or linked to this Website (“Third Parties”) and does not have any authority to act for such Third Parties. Think City does not control or endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such Third Parties.
  2. You agree that (to the maximum extent permitted by applicable law) Think City, our officers, directors and employees, shall have no liability to you in relation to any dispute which you may have with a Third Party, one or more of your customers, and/or any other users of this Website.

 

INTELLECTUAL PROPERTY

  1. You acknowledge and agree that all Content provided on the Website, contained in sponsor advertisements or, presented to you by Think City, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and except as expressly permitted herein, shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
  2. You acknowledge and agree that you are permitted to review, print and make one copy, for your personal use, of the Content (and other items displayed on the Website for download), provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant Content in any form.
  3. Think City does not claim ownership of any Content that you post on the Website or through the Services. Instead, you hereby grant Think City a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, perpetual, worldwide license to use the Content that you post on the Website, subject to our Privacy Policy which can be found at https://thinkcity.com.my/privacy-policy/.

 

AMENDMENT TO THESE TERMS AND CONDITIONS

  1. Think City reserves the right to amend and alter these Terms of Service and any Content or information contained on the Website at any time. In the event these Terms of Service are altered Think City will post the amended Terms of Service on this Website. Changes will apply from the date of posting.
  2. If after the Terms of Service and/or the Privacy Policy (https://thinkcity.com.my/privacy-policy/) have been amended or altered you do not agree to their terms, you must stop using this Website.

 

GENERAL

  1. While Think City will try to provide you with uninterrupted access to this Website, we may need to withdraw, modify, discontinue or suspend (temporarily or permanently) one or more aspects of this Website where Think City has a legal, technical or other good reason to do so (including technical difficulties experienced by us or any Internet infrastructure). However, Think City will try, wherever possible, to give reasonable notice of our intention to do so.
  2. If Think City fails to exercise or enforce a right under these Terms of Service that failure shall not constitute a waiver of such right or provision.
  3. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected. The parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
  4. These Terms of Service shall be governed by and construed in accordance with the laws of Malaysia.
  5. These Terms of Service set out the Think City’s entire agreement and understanding with respect to the subject matter of these Terms of Service and supersedes any and all representations, communications or prior agreements (written or oral) made to you.
  6. Each party acknowledges that on entering into these Terms of Service, it does not rely, and has not relied, upon any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to these Terms of Service or not) except those expressly set out in these Terms of Service.
  7. Unless expressly provided in the Terms of Service no term is enforceable by any person who is not a party to it.
  8. You must report any violations of these Terms of Service to https://thinkcity.com.my/contact-us/.