Terms of Use of the Think Ganesha Website or App and Apps
1. Your Acceptance
BY USING OR VISITING THIS WEBSITE OR APP (together with all Content
available through the ThinkGanesha.com domain name (collectively
referred to herein as the "Think Ganesha Website or App"), OR SUBMITTING
CONTENT TO THE THINK GANESHA WEBSITE OR APP, YOU SIGNIFY YOUR ASSENT TO
THESE TERMS OF USE OF THE THINK GANESHA WEBSITE OR APP (the "Terms of
Use"). The Terms of Use apply to all users of the Website or App. If you do
not agree to these Terms & and Conditions, and the Privacy Policy, then
please do not use the Website or App.
2. The Think Ganesha Website or App and Third Party Website or Apps
The Terms of Use apply to all users of the Think Ganesha Website or App,
including users who are also contributors of photo and any image content,
information, and other materials or services on the Think Ganesha Website
or App. The Think Ganesha Website or App may contain links to third party
Website or Apps. Think Ganesha (hereinafter referred to as
“Think Ganesha”). Think Ganesha has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any
third party Website or Apps. In addition, Think Ganesha will not and
cannot censor or edit the content of any third-party site. By using the
Think Ganesha Website or App, you expressly relieve and release
Think Ganesha from any and all liability arising from your use of any
third-party Website or App. Accordingly, we encourage you to be aware when
you leave the Think Ganesha Website or App and to read the terms and
conditions and privacy policy of each other Website or App that you visit.
3. Website or App Access
A. Think Ganesha hereby grants you permission and a license, and you
agree to accept such permission and a license, to use the Think Ganesha
Website or App as set forth in the Terms of Use, provided that: (i) your
use of the Think Ganesha Website or App as permitted is solely for your
personal, non-commercial use; (ii) you will not copy or distribute any part
of the Think Ganesha Website or App in any medium without
Think Ganesha's prior written authorization; (iii) you will not alter or
modify any part of the Think Ganesha Website or App other than as may be
reasonably necessary to use the Think Ganesha Website or App for its
intended purpose; and (iv) you will otherwise comply with the terms and
conditions of the Terms of Use. This permission and license use of the
Think Ganesha Website or App may be revoked at any time in
Think Ganesha’s sole discretion.
B. In order to access some features of the Think Ganesha Website or App,
you will have to create an account. You may never use another's account
without that user’s permission. When creating your account, you must
provide accurate and complete information. You are solely responsible for
the activity that occurs on your account, and you must keep your account
password secure. You must notify Think Ganesha immediately of any breach
of security or unauthorized use of your account. Although Think Ganesha
will not be liable for your losses caused by any unauthorized use of your
account, you may be liable for the losses of Think Ganesha or others due
to such unauthorized use.
C. You agree not to use or launch any automated system, including without
limitation, "robots," "spiders," "offline readers," "Automated voting",
etc., that accesses the Think Ganesha Website or App in a manner that
sends more request messages to the Think Ganesha Website or App servers
in a given period of time than a human can reasonably produce in the same
period by using a conventional on-line web browser. Notwithstanding the
foregoing, Think Ganesha grants the operators of public search engines
permission and license to use spiders to copy materials from the site for
the sole purpose of creating publicly available searchable indices of the
materials, but not caches or archives of such materials. Think Ganesha
reserves the right to revoke these exceptions either generally or in
specific cases. You agree not to collect or harvest any personally
identifiable information, including account names, from the Think Ganesha
Website or App, nor to use the communication systems provided by the
Think Ganesha Website or App for any commercial solicitation purposes.
You agree not to solicit, for commercial purposes, any users of the
Think Ganesha Website or App with respect to their User Submissions. All
Website or App products, contests and services are void where prohibited by
law.
4. Intellectual Property Rights.
Think Ganesha does not claim ownership of Content (as defined below) that
you (hereinafter referred to as “User” or “you”) submit or make available
for inclusion on the Think Ganesha Website or App. User affirms,
represents and warrants that the User owns (and/or otherwise has the right
to submit) the Content submitted or made available by the user on the
Think Ganesha Website or App, and such ownership is retained by User at
all times. With respect to Content you submit or make available for
inclusion on publicly accessible areas and/or other areas of the
Think Ganesha Website or App, you affirm, represent and warrant that you
have the legal power and authority to, and do, grant to Think Ganesha, as
well as Think Ganesha’s Partners and Sponsors (i) the right to display
the Content on the Think Ganesha Website or App, (ii) the right to use
the Content to promote the contest(s) or the Content (iii) the right to and
(iv) the right to engage in all of the acts as set forth below, as
applicable.
5. User Submissions
A. Think Ganesha may now or in the future permit the submission of
photographs, motion pictures, videos, other audio-visual works, multimedia,
literary works, and/or image files and/or other communications by you and
other users ("User Submissions") and the hosting, sharing, and/or
publishing of such User Submissions. You understand that whether or not
such User Submissions are published, Think Ganesha does not guarantee any
confidentiality with respect to any submissions. You retain all rights to
your work. By submitting your work here, you grant Think Ganesha, Contest
Sponsors and Partners the right to display and/or to provide exposure to
your photograph and/or other works anywhere including, without limitation,
when your photographs or other works are selected as winners of any
contest, (i) to be displayed on Think Ganesha’s Website or App, (ii) to
be displayed and used in connection with marketing, promotion and/or
advertising of Think Ganesha on Think Ganesha’s Website or App, any
other Website or App, in social media and/or in any other form of media
including publications, periodicals, communications, still images, video
and/or television. All used photographs and images are credited to whomever
the photographer is as represented by User. Any use of the images will be
solely used in the context of promoting the contests’ submissions, the
Think Ganesha Website or App, and Users in Think Ganesha’s sole
discretion with no additional compensation owed to User, photographer
and/or any other person or entity.
B. You shall be solely responsible for your own User Submissions and the
consequences of posting or publishing them. In connection with User
Submissions, you affirm, represent, and warrant that:
(i) you own or have the necessary licenses, rights, consents, and
permissions to use and authorize Think Ganesha to use all patent,
trademark, trade secret, copyright or other proprietary rights in and to
any and all User Submissions to enable inclusion and use of the User
Submissions in the manner contemplated by Think Ganesha on the
Think Ganesha Website or App and the Terms of Use; and (ii) you have the
written consent, release, and/or permission of each and every identifiable
individual person in the User Submission to use the name or likeness of
each and every such identifiable individual person to enable inclusion and
use of the User Submissions in the manner contemplated by Think Ganesha
on the Think Ganesha Website or App and the Terms of Use. For clarity,
you retain all of your ownership rights in your User Submissions. However,
by submitting the User Submissions to Think Ganesha, you hereby affirm,
represent and warrant that you have the power and authority to, and do,
grant to Think Ganesha an irrevocable, worldwide, non-exclusive,
royalty-free, sublicensable and transferable license to copy, store,
display content to other users and visitors to the Think Ganesha Website
or App, and to use in any way the entire contents of the User Submission
and all portions and components thereof. This license grant incudes, but is
not limited to, the right of Think Ganesha to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display all or any portion or
component of the entire contents of the User Submission, including, but not
limited to, for the purposes of providing and promoting the specific
Think Ganesha Website or App or file to which such Content was submitted
or made available. "Publicly accessible" areas of the Think Ganesha
Website or App are those areas of the Think Ganesha Website or App that
are intended by Think Ganesha to be available to the general public. By
way of example, publicly accessible areas of the Think Ganesha Website or
App would include Think Ganesha Message Boards and portions of
Think Ganesha Groups, Photos and sharing that are open to members, users
and visitors. However, publicly accessible areas would not include portions
of the Think Ganesha Website or App that are limited to members, or World
Wide Web sites that are accessible via hypertext or other links but are not
hosted or served by Think Ganesha.
You agree to upload only your own work.
C. In connection with User Submissions, you further agree, affirm,
represent and warrant that you will not: (i) submit material that is
copyrighted, protected by trade secret or otherwise subject to third party
intellectual property, proprietary or other rights, including privacy and
publicity rights, unless you are the owner of such rights or have
permission from their rightful owner to post the material and to grant
Think Ganesha all of the license rights granted herein; (ii) publish
falsehoods or misrepresentations that could damage Think Ganesha or any
third party; (iii) submit material that is unlawful, obscene, defamatory,
libelous, threatening, pornographic, harassing, hateful, racially or
ethnically offensive, or encourages conduct that would be considered a
criminal offense, give rise to civil liability, violate any law, or is
otherwise inappropriate; (iv) post advertisements or solicitations of
business; and/or (v) impersonate another person. Think Ganesha does not
endorse any User Submission or any opinion, recommendation, or advice
expressed therein, and Think Ganesha expressly disclaims any and all
liability in connection with User Submissions. Think Ganesha does not
permit copyright infringing activities and/or infringement of intellectual
property rights on Think Ganesha Website or App, and Think Ganesha will
remove all Content and User Submissions if properly notified that such
Content or User Submission infringes on another's copyright and/or other
intellectual property rights. Think Ganesha reserves the right, in its
sole discretion, to remove User Submissions and/or any other Content, and
close accounts, without prior notice. Think Ganesha will also terminate a
User's access to Think Ganesha’s Website or App, if they are determined
by Think Ganesha, in Think Ganesha’s sole discretion, to be suspected
of being, or actually being, an infringer and/or to have otherwise violated
the intellectual property rights, rights of publicity and/or name and
likeness and/or other rights of any other person or entity. Think Ganesha
also reserves the right to decide whether Content or a User Submission is
appropriate and complies with the Terms of Use for violations other than
copyright infringement and violations of intellectual property law, such
as, but not limited to, pornography, obscene or defamatory material, or
excessive length. Think Ganesha may remove such User Submissions and/or
terminate a User's access for uploading such material in violation of the
Terms of Use at any time, without prior notice and in its sole discretion.
D. If you are a copyright owner or an agent thereof and believe that any
User Submission or other content infringes upon your copyrights, you may
submit a notification pursuant to the Digital Millennium Copyright Act
("DMCA") by providing our Copyright Agent with the following information in
writing (see 17 U.S.C 512(c)(3) for further detail): (i) A physical or
electronic signature of a person authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed; (ii) Identification of
the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site; (iii)
Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to
which is to be disabled and information reasonably sufficient to permit the
service provider to locate the material; (iv) Information reasonably
sufficient to permit the service provider to contact you, such as an
address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its
agent, or the law; and (vi) A statement that the information in the
notification is accurate, and under penalty of perjury, that you are
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
E. You understand that when using the Think Ganesha Website or App, you
will be exposed to User Submissions from a variety of sources, and that
Think Ganesha is not responsible for the accuracy, usefulness, safety, or
intellectual property rights of or relating to such User Submissions. You
further understand and acknowledge that you may be exposed to User
Submissions that are inaccurate, offensive, indecent, or objectionable and
you agree to waive, and hereby do waive, any legal or equitable rights or
remedies you have or may have against Think Ganesha with respect to User
Submissions. You agree to indemnify and hold Think Ganesha, its
Owners/Operators, affiliates, and/or licensors, harmless to the fullest
extent allowed by law regarding all matters related to your User
Submissions and Content, as well as your use of the Think Ganesha Website
or App.
F. Think Ganesha may choose to provide resident or guest judging for
specific contests, themes, challenges and other activities, the decisions
of the Judges are final and binding on all matters relating to the
selection of winners. The Finalists and any other winners will be judged on
by the Judges' in their sole discretion. Voting and People's Choice
results, the submission with the most votes will be deemed the winner from
among the User Submissions. User Submissions with the same total votes will
be re-judged using the same criteria. All User Submissions and votes will
be retained until eligible winners are chosen for all prizes. Once a User
Submission or a User is deemed ineligible, however, the User Submission
will be deleted and not further considered.
G. In General:
1. Submissions should be original
2. All submissions would be published on the portal, unless hidden or
removed by the Think Ganesha admin
3. Entries should be original. Individuals submitting copied entries would
not be considered for future contests.
4. All efforts will be made by the Standing Committee to check for
originality of the submissions, however Think Ganesha portal will not be
held accountable for any submission identified as a copy.
5. Think Ganesha will not entertain their decision about accepting an
entry or about their decision on ranking winners in a contest or any matter
regarding relating to a contest.
6. The Think Ganesha Content on the Think Ganesha Website or
App
Except for User Submissions, all content on and/or used by the
Think Ganesha Website or App, including without limitation, the text,
software, scripts, graphics, photographs, sounds, music, videos,
compilations, interactive features and the like, and derivative works
thereof ("Think Ganesha Content") and the trademarks, service marks and
logos contained therein ("Marks"), are owned by or licensed to
Think Ganesha, and are subject to copyright and other intellectual
property rights under United States and foreign laws and international
conventions. Think Ganesha Content and User Submissions on the
Think Ganesha Website or App is provided to you AS IS for your
information and personal use only and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or
otherwise exploited for any other purposes whatsoever without the prior
written consent of Think Ganesha and the respective owners of the User
Submissions. Think Ganesha reserves all of its rights in and to the
Think Ganesha Website or App and the Think Ganesha Content. You agree
to not engage in the use, copying, or distribution of any of the
Think Ganesha Content or User Submissions of third parties obtained
through the Think Ganesha Website or App for any commercial purposes
and/or any other purpose other than a purpose expressly permitted under the
Terms of Use. If you download or print a copy of any of the Think Ganesha
Content and/or User Submissions for personal use, you must retain all
copyright and other proprietary notices contained therein. You agree not to
circumvent, disable or otherwise interfere with security related features
of the Think Ganesha Website or App or features that prevent or restrict
use or copying of any of the Think Ganesha Content or enforce limitations
on use of the Think Ganesha Website or App or the Think Ganesha Content
therein. You may not harvest or collect information, including screen
names, about other members or users of the Think Ganesha Website or App.
The use of any information learned through your use of the Think Ganesha
Website or App is limited to the express purposes set forth in these Terms
of Use; all other uses not expressly permitted by the Terms of Use,
including, without limitation, sending unsolicited bulk e-mail, are
strictly prohibited.
7. Contests, User Rewards and Payments
You agree that all of the following terms and conditions will apply to your
participation in all photography and other types of contests on the
Think Ganesha Website or App:
A. Think Ganesha Contests Will Comply With NSW, Australia Law
All Think Ganesha Contests on the Think Ganesha Website or App will be
conducted in accordance with the laws of the State of NSW, Australia.
This means that all Think Ganesha Contests are real contests in which at
least a majority of the participants will have failed to win, and all
Think Ganesha Contests will comply with the following requirements:
1. The nature of the Think Ganesha Contest will
be disclosed.
2. The exact nature and approximate value of prizes or items of value won
by winner in each Think Ganesha Contest will be disclosed.
3. The deadline for submissions to each specific Think Ganesha Contest
will be disclosed.
4. The opportunity to win a prize will not be conditioned on a minimum
number of entries or contest participants.
5. Think Ganesha will keep detailed records of each Think Ganesha
Contest for at least two years after all the prizes are awarded.
6. In addition, all Think Ganesha Contests will clearly and conspicuously
disclose each of the following:
a. All rules, regulations, terms and conditions of each Think Ganesha
Contest (if there are any in addition to those disclosed in the Terms of
Use herein).
b. The maximum amount of money, including postage and handling fees, which
a participant may be asked to pay to win each of the prizes offered.
c. The date(s) upon which the contest will terminate, and upon which all
prizes will be awarded.
d. Whether future contests or tie-breakers, if any, will be significantly
more difficult than the initial contest, and the method of determining
prize winners if a tie remains after completion of the last tie breaker.
B. Verification Of Winners And Delivery Of Prizes
The method of selection, as well as the selection, of contest winners shall
be determined by Think Ganesha in its sole discretion. The
Think Ganesha team, deemed as resident judges/curators or any other
assigned Think Ganesha team member, can (i) select the winners of any
contest, or (ii) provide a preliminary list of finalists to any guest or
exterior judge/curator, or Think Ganesha Partner to select the winners,
including the grand winner and runners up, of a specific contest, (iii)
solicit votes from Users of the Think Ganesha Website or App and/or any
members of the public and declare winners based upon the number of votes
obtained, and/or (iv) determine contest winners in any manner not
prohibited by the laws of NSW, Australia. After judging, voting and/or
any other method to select winners has finished, the potential winners will
be notified in accordance with the contact information provided in their
respective User Submissions by mail, courier, email or other method chosen
by Think Ganesha, Think Ganesha’s Partners and/or the Think Ganesha’s
Sponsors in its their discretion. Think Ganesha, any Think Ganesha
Partner, or any Think Ganesha Sponsor reserves the right to verify
winners collectively or one or more at a time, as it deems appropriate and
expedient in it their discretion, and in whatever order they choose.
To be confirmed as a winner and to be awarded the prize, the winning User
will be required to confirm its ownership of the copyright and any other
applicable intellectual property and/or other rights to the User Submission
(“Required Confirmation”). Should a prize notification or prize addressed
to a particular winning User be returned as undeliverable, Think Ganesha,
Think Ganesha’s Partner and/or Think Ganesha’s Sponsor will not resend
the notice (whether by the same or another method), research the winning
User's address nor make any further attempts at delivery. That User will be
deemed to have withdrawn from the Think Ganesha Contest and given up the
User’s right to receive the prize notification or the prize.
Winners will be announced after the Required Confirmation is received and
the respective winners are confirmed. Think Ganesha, Think Ganesha’s
Sponsors and/or Think Ganesha’s Partners reserves the right to announce
prize winners collectively, one at a time, or in any order or clusters as
it deems appropriate in their discretion, except that the winner of the
Judged or Most Votes Prize will be announced within thirty (30) days of the
date on which the Required Confirmation are received from such winner.
Winners will receive their prizes within thirty (30) days of
Think Ganesha, Think Ganesha’s Partner and/or Think Ganesha’s Sponsor
announcement of the winners. The reward and prizes and/or any other rewards
are subject to change at any time without notice in the sole discretion of
Think Ganesha, Think Ganesha’s Partners and/or Think Ganesha’s
Sponsors, to the extent and under the circumstances permitted by NSW,
Australia law.
C. Contest Entrant’s Release:
By entering the Contest, each User releases and holds harmless
Think Ganesha, Think Ganesha’s Partners and/or Think Ganesha’s
Sponsors and any participating prize providers, as well as any of their
respective parent companies, subsidiaries, affiliates, directors, officers,
employees and agencies (collectively, the "Promotion Entities"), against
any and all claims, demands and liabilities arising out of or relating to
the Contest, User's (and each individual member of User's) participation in
the Contest and/or any Contest-related activity, including, without
limitation, from winner's use or misuse of a prize or any portion thereof.
Prize winners assume all liability for any injury or damage caused, or
claimed to be caused, by participation in this Contest and/or
use/redemption of any prize.
INTERNET: User agrees to be bound by these Official Rules and the Privacy
Policy. Website or App, Partner and Sponsor are not responsible for any
typographical or other error in the submission, the printing of the offer,
administration of the Contest or the announcement of the prizes. Website or
App, Partner and Sponsor are not responsible for any electronic
transmission errors resulting in omission, interruption, deletion, defect,
delay in operations or transmission, theft or destruction or unauthorized
access to or alterations of entry materials, or for technical, network,
telephone equipment, electronic, computer, hardware or software
malfunctions or limitations of any kind, or inaccurate transmissions of or
failure to receive User information by Website or App, Partner and Sponsor
on account of technical problems or traffic congestion on the Internet or
at any Website or App or any combination thereof. If for any reason the
Contest is not capable of running as planned, including infection by
computer virus, bugs, tampering, unauthorized intervention, fraud,
technical failures, or any other similar causes or causes beyond the
control of Website or App, Partner and Sponsor which corrupt or affect the
administration, security, fairness, integrity or proper conduct of this
Contest, then, subject to any governmental approval which may be required,
Website or App, Partner and Sponsor shall have the right to modify, suspend
or terminate the Contest. If technical malfunctions or suspect voting
irregularities corrupt the voting process, Website or App, Partner and
Sponsor reserves the right, in its sole discretion, to award prizes based
solely on the non-suspect votes. In the event of termination, a notice will
be posted on Think Ganesha.com and all eligible Submissions received
prior to termination will be judged per these Official Rules. Any use of
robotic, automatic, programmed or similar methods of participation/voting
will void all such submissions/votes by such methods. DISQUALIFICATION:
Website or App, Partner and Sponsor RESERVES THE RIGHT IN ITS DISCRETION TO
DISQUALIFY ANY PERSON WHO TAMPERS WITH OR IS SUSPECTED OF TAMPERING WITH AN
ENTRY AND/OR THE JUDGING AND VOTING PROCESS, INCLUDING ANY PERSON
ATTEMPTING TO SOLICIT, ENCOURAGE OR OBTAIN AUTOMATED VOTES. IN ADDITION TO
THE RIGHTS RETAINED BY Website or App, Partner and Sponsor SET FORTH IN
SECTION 11, SPONSOR FURTHER RESERVES THE RIGHT IN ITS DISCRETION TO
DISQUALIFY ALL VOTES FROM VOTERS THAT ARE DEEMED TO BE FRAUDULENT. CAUTION:
ANY ATTEMPT BY AN USER TO DELIBERATELY DAMAGE ANY WEBSITE OR APP, INCLUDING
BUT NOT LIMITED TO, THE ENTRY SITE, OR UNDERMINE THE LEGITIMATE OPERATION
OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN
ATTEMPT BE MADE, Website or App, Partner and Sponsor RESERVES THE RIGHT TO
PROSECUTE AND/OR SEEK DAMAGES AND/OR OTHER RELIEF FROM ANY SUCH ENTRANT TO
THE FULLEST EXTENT OF THE LAW.
D. Cash and other Prizes for contests
Prizes are provided by third parties. This site or its operators are only
responsible for declaring winners. Though prize providers are screened by
Think Ganesha, we do not take any responsibility in actual dissemination
of prizes. You agree to enter the competition by assuming the risk of any
prize provider not delivering a prize as promised.
Think Ganesha only announces winners ranked in a certain order.
Think Ganesha DOES NOT give any prizes to participants. The prizes are
announced by third parties, who, by judging the entries ranked by
Think Ganesha, give the prizes they have promised. Such prizes could be
in cash, kind, products or service.
Think Ganesha does not hold any responsibility in such prizes, nor should
participants or others hold Think Ganesha responsible for such prizes.
Any dispute regarding prizes should be addressed to respective third
parties who have promised such prizes.
To receive any prize, the participant should provide their latest and
correct phone number, mail address and email address. Such participant
contact details (for those who are ranked by Think Ganesha in a given
contest) would be made available to prize sponsors for delivering prizes.
If a payment is offered as part of a prize from a third party prize
provider, then the participant should own a legitimate Bank account, PayPal
or other means to receive cash payments as announced/advised/described by
third parties promising the prize. If correct address and payment details
are not provided, the third party promising the prize might not be able to
pay you cash prizes.
Think Ganesha will endeavour to remove prize providers who do no provide what they promised.
E. Sponsorship
This competition is sponsored by like-minded third parties. Though the
Think Ganesha app is published in Apple app store and Google Play store, this
competition is NOT sponsored by Apple or Google. We will be publishing the
details of the sponsors in appropriate places in both the App as well as
site.
8. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE Think Ganesha WEBSITE OR APP AND PURCHASE
OF ANY GOODS AND/OR SERVICES ON THE Think Ganesha WEBSITE OR APP SHALL BE
AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. Think Ganesha,
ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS EXPRESSLY
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
Think Ganesha WEBSITE OR APP, THE Think Ganesha CONTENT, AND/OR USER
SUBMISSIONS, AND/OR YOUR USE THEREOF. Think Ganesha, ITS OFFICERS,
DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS ALSO DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PURCHASE, SALE AND/OR
GIFTS OF ANY GOODS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTY OF MERCHANTABILITY AND/OR THE IMPLIED WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE Think Ganesha MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S Think Ganesha’S
CONTENT, USER SUBMISSIONS, AND/OR THE CONTENT OF ANY SITES LINKED TO THIS
SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,
MISTAKES, OR INACCURACIES CONTAINED THEREIN OF CONTENT, (II) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF OUR THE Think Ganesha WEBSITE OR APP, THE
Think Ganesha CONTENT, AND/OR USER SUBMISSIONS, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR Think Ganesha’S SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR Think Ganesha’S
WEBSITE OR APP, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH OUR THE Think Ganesha WEBSITE OR APP BY
ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY Think Ganesha
CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY Think Ganesha CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE Think Ganesha WEBSITE OR APP.
Think Ganesha DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE Think Ganesha WEBSITE OR APP OR ANY HYPERLINKED WEBSITE
OR APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Think Ganesha
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL Think Ganesha, ITS OFFICERS, DIRECTORS, MEMBERS,
MANAGERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE
Think Ganesha CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR THE
Think Ganesha WEBSITE OR APP, THE Think Ganesha CONTENT, AND/OR USER
SUBMISSIONS, (III) THE SALE, PURCHASE AND/OR USE OF ANY GOODS OR SERVICES
OBTAINED FROM Think Ganesha AND/OR THE Think Ganesha WEBSITE OR APP,
(IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR Think Ganesha’S SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR Think Ganesha’S WEBSITE OR APP, (VI) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR THE Think Ganesha WEBSITE OR APP BY ANY THIRD PARTY, AND/OR
(VII) ANY ERRORS OR OMISSIONS IN ANY Think Ganesha CONTENT OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
Think Ganesha CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE Think Ganesha WEBSITE OR APP, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND
WHETHER OR NOT THE COMPANY Think Ganesha IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU
SPECIFICALLY ACKNOWLEDGE THAT Think Ganesha SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD
PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY
WITH YOU. THE Think Ganesha WEBSITE OR APP IS CONTROLLED AND OFFERED BY
Think Ganesha FROM ITS CLOUD BSAED FACILITIES.
Think Ganesha MAKES NO REPRESENTATIONS THAT THE Think Ganesha WEBSITE
OR APP IS APPROPRIATE OR AVAILABLE FOR USE IN CERTAIN LOCATIONS. THOSE WHO
ACCESS OR USE THE Think Ganesha WEBSITE OR APP FROM SUCH JURISDICTIONS
DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL
LAW.
10. Indemnity
You agree to defend, indemnify and hold harmless Think Ganesha, its
parents, subsidiaries and affiliates, officers, directors, members,
managers, employees and agents, for, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from and/or related
to any of your acts or omissions in connection with the Think Ganesha
Website or App, the Think Ganesha Content, the Sale, Purchase or Use of
any Goods or Services, User Submissions of others and/or User Submissions
submitted by you, including, but not limited to: (i) your use of and access
to the Think Ganesha Website or App; (ii) your violation of any term of
the Terms of Use; (iii) your violation of any third party right, including
without limitation any copyright, property, or privacy right; (iv) any
claim that one of your User Submissions caused damage to a third party, (v)
the Think Ganesha Website or App, (vi) Think Ganesha's third party
server failure, deficiency, collapse or any other circumstance resulting in
a complete loss of digital property, electronically stored information,
and/or documents, (vi) any and all User Submissions, and/or (vii) any and
all goods or services you sell or otherwise transfer using the
Think Ganesha Website or App. This defense and indemnification obligation
will survive the Terms of Use and your use of the Think Ganesha Website
or App. Think Ganesha is a platform designed for storage and sharing of
photographs, image files and other types of files, and users are
responsible to always maintain an original copy of any submitted
photograph, image file or other type of a file in case of a complete loss.
11. Ability to Accept Terms of Use/No Use For Children Under 13
You affirm that you are either more than 13 years of age, or an emancipated
minor, or possess legal parental or guardian consent, and are fully able
and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms of
Use, and to abide by and comply with these Terms of Use. In any case, you
affirm that you are over the age of 13, as the Think Ganesha Website or
App is not intended for children under 13. If you are under 13 years of
age, then please do not use the Think Ganesha Website or App; there are
lots of other great web sites for you. Talk to your parents about what
sites are appropriate for you.
12. Assignment
The Terms of Use, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by Think Ganesha
without restriction.
13. General
You agree that: (i) the Think Ganesha Website or App shall be deemed
solely based in NSW, Australia; and (ii) the Think Ganesha Website or
App shall be deemed a passive Website or App that does not give rise to
personal jurisdiction over Think Ganesha, either specific or general, in
jurisdictions other than NSW, Australia. These Terms of Use shall be
governed by the internal substantive laws of NSW, Australia, without
respect to its conflict of laws principles. Any claim or dispute between
you and Think Ganesha that arises in whole or in part from the
Think Ganesha Website or App shall be decided exclusively by a court of
competent jurisdiction located in NSW, Australia. These Terms of Use,
together with the Privacy Notice, any applicable contest rules, and any
other legal notices published by Think Ganesha on the Think Ganesha
Website or App, shall constitute the entire agreement between you and
Think Ganesha concerning your use of the Think Ganesha Website or App.
If any provision of these Terms of Use is deemed invalid by a court of
competent jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of these Terms of Use, which shall
remain in full force and effect. No waiver of any term of these Terms
of Use shall be deemed a further or continuing waiver of such term or any
other term, and Think Ganesha's failure to assert any right or provision
under these Terms of Use shall not constitute a waiver of such right or
provision. Think Ganesha reserves the right to amend these Terms of Use
at any time and without notice, and it is your responsibility to review
these Terms of Use for any changes. Your use of the Think Ganesha Website
or App following any amendment of these Terms of Use will signify your
assent to and acceptance of its revised terms. YOU AND Think Ganesha
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE
Think Ganesha WEBSITE OR APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED.
Privacy
This Privacy Policy applies to your use of the Website or App operated
under the domain name Think Ganesha.com ("TG") and the services provided
through the TG Websites and apps.
Where this Privacy Policy refers to your "personal information", it means
information about you (as an individual or an entity) from which your
identity is apparent, or can reasonably be ascertained. Your name, current
geo location and e-mail address are examples of personal information.
Your privacy is very important to us.
1. We will not collect personal information unless the information is
necessary for one or more of our functions or activities.
2. We will collect personal information only by lawful and fair means and
not in an unreasonably intrusive way.
3. When Personal information is collected by us we will specify what it
will be used for.
4. Other purposes of collection include:
a. to correspond with you;
b. attend to day to day administrative matters;
c. inform you about progress in this site or the related business and other
activities/events;
d. ensuring that you receive appropriate assistance in the event of an
emergency; and
e. to comply with legislative reporting requirements.
f. to bring to your notice any other information that TG believes would be
of use/interest to you
5. The information collected may be disclosed to the following types of
organisations:
a. appropriate Government departments
b. external organisations such as professional bodies, hospitals or
government agencies, as required by law;
Information collected
You can visit the TG Website or App and find out about our products and
services without giving us any information about yourself. We may record
certain non-personal information, such as your server address, domain name,
the date and time of your visit and any pages viewed. Such information will
only be used for statistical and Website or App administration purposes. To
maintain visitor anonymity, we will not associate that information with
records containing personal information unless you have consented for us to
do so.
When you register to use TG, we may require your name, phone number,
e-mail address, mailing address, credit card number, and credit card
expiration date (if applicable). We will also record any changes you make
to this information in the Change Profile section of the TG Website or
App. We require this information in order to verify your identity and
credit card account authority, to contact you and to provide our services
to you. Upon registration, we will provide you with a user-code and
password to use TG.
The TG Website or App may contain links to web sites operated by third
parties and other websites may contain links to the TG Website or App
("Linked Websites"). If the operators of those Linked Websites collect
information about you, we may have access to that information as part of
our arrangements with those third parties. Linked Websites should contain
their own privacy statements and the operators of Linked Websites are
responsible for informing you about their own privacy practices; and you
are bound by those privacy practices and the applicable terms and
conditions of those linked websites or apps when you use TG.
If you buy or sell an item using the TG platform, we will ask for
confirmation of some of the details you have provided on registration, as
well as information about the transaction, including the amount and
relevant credit card or bank account information.
We may also collect personal information from you if you knowingly provide
it to us, for example by sending us an e-mail or providing feedback.
Use and disclosure of information
We will not use or disclose (share, sell or divulge) any of your personal
information to third parties unless we have informed you, or if it is part
of your agreement with us, or if it is for you to login to one of TG owned
company websites, or have been authorised by you, or are required or
authorised to do so by law.
In order to provide our services or to assess your application, we may need
to provide personal information to third parties and they may need to
provide personal information about you to us. Purposes for which we may
exchange personal information with third parties may include, but not
limited to, verify your identity or bankruptcy status, to process a
transaction, to conduct a commercial credit check, to check for court
judgments against you, and to confirm receipt of payment
We may also use your personal information:
1. for purposes related to our research, planning, product development,
security, testing and risk management;
2. for purposes connected with the operation, administration, development
or enhancement of our services and the TG Website or App; and
3. where we suspect that fraud or unlawful activity has been, is being or
may be engaged in.
We may provide personal information about you to our service providers who
assist us in providing our services and the TG Website or App. We will
only disclose your personal information to those third party service
providers on a confidential basis so that the service provider can
effectively provide those services.
In particular, when processing credit card transactions, we will utilise
systems that assist in minimising the risk of credit card fraud. Personal
information that we collect about you, including any credit card details,
demographic information, such as your address and date of birth, and
information about the purchases you have conducted through this Website or
App, is required to provide a basis for credit card fraud risk analysis.
If you order a shipment through the TG Shipping Service, we will provide
your personal information by email or other means to the organisation (e.g.
DHL) providing the shipping service (as noted in the relevant section of
the TG Website or App). That organisation - which may handle your personal
information outside Australia - is responsible for its own privacy
practices and you should inform yourself of that organisation's applicable
privacy policies.
If you consent to this Privacy Policy, we will transfer the personal
information that you have provided to us to third parties in countries
outside Australia for the purposes of processing that information to
minimise the risk of credit card fraud. The personal information, which is
transferred for that purpose, will be stored in that third party's database
for use in credit card fraud risk analysis.
If you do not provide us with:
1. your personal information, and
2. your consent to this Privacy Policy;
then we will not be able to process your registration and / or credit card
transactions for certain facilities/services that TG provides.
When you participate in a TG transaction, information about you and the
transaction will be available to the other party to the transaction. This
information will include your name, e-mail address, business name and
Business Number if a business, telephone number, mailing address, shipping
address, the date, geo location and amount of the transaction. You and other
users must maintain the confidentiality of each other's personal
information.
Although such situations are rare, you should be aware that we may disclose
your personal information to third parties in any of the following
circumstances:
1. where an investigation of fraud or unlawful activity has been or is
being conducted by us and the information is disclosed to relevant persons
or authorities; or
2. where the disclosure is required or authorised by law; or
3. where we believe that the disclosure is reasonably necessary to assist a
law enforcement agency or an agency responsible for national security in
the performance of its functions; or
4. for the preparation for or the conduct of legal proceedings or for the
implementation of the orders of a court or tribunal.
In the event that a third party acquires the business assets of TG, that
third party may wish to acquire customer information. If this happens, we
will take reasonable steps to notify you of any personal information which
we propose to transfer and to provide you with an opportunity to opt-out of
having your personal information transferred.
We use and disclose aggregated non-personally identifying information as
part of our process of constantly improving our services.
Prizes
TG ranks completion entries. Third party prize providers might want to
give prizes to some of such entries. In the event you are interested in
receiving prizes, you agree (when entering such competition) to allow us to
pass your personal information to such third parties providing the prizes.
Such information would be passed only if you are selected by the third
party for offering a prize.
Credit Information
If you consent to this Privacy Policy, you agree that TG may give
information about you to a credit reporting agency to obtain a
consumer/commercial report about you and/or allow a credit reporting agency
to create or maintain a credit information file containing information
about you, listing defaults (minimum AU$100 and 60 days overdue) and
exchange information with other credit providers under Sections 18(E)(1)
and 18(K) of the Privacy Act 1988.
Advertising
We use third-party advertising companies to serve ads on our web site and
other web sites. These companies may use cookies to collect information
(not including your name, address, email address or telephone number) about
your visits to this and other web sites. They use this information to
measure advertising effectiveness and to provide advertisements about goods
and services of interest to you.
Accessing and updating information about you
You can access and update your registration information in the Profile
section of the TG Website or App at any time once you have provided your
user name and password. If you need to access or correct any other personal
information we hold about you and are unable to do so in the Change Profile
section, please contact us using the contact us form provided in the TG
web site.
Security
TG might from time to time use several mechanisms to protect the security
and integrity of your personal information. Unfortunately, no data
transmission over the Internet can be guaranteed as completely secure. So
we cannot ensure or warrant the security of any information you transmit to
us and you do so at your own risk.
Acceptance of and changes to this Privacy Policy
We may change this Privacy Policy from time to time. It is your
responsibility to periodically visit this page and learn about such
changes. Continued use of TG and the TG Website or App by you is
acceptance of the changed Privacy Policy and any information collected
following will be subject to that changed Privacy Policy.
This Privacy Policy is governed by the law of ACT, Australia and you and
TG irrevocably submit to the non-exclusive jurisdiction of the courts of
ACT, Australia.
Miscellaneous
In addition to this Privacy Policy, there may also be specific and
additional privacy provisions that apply to particular TG services.
Because those specific and additional provisions also relate to your
privacy protection, you should review them carefully. To the extent of any
inconsistency between the provisions of this Privacy Policy and those other
specific and additional provisions, the specific and additional provisions
will take priority.
