1. The Website, the content and all of the related products of Think Advanced are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Think Advanced or its contributors.

   
   

2. All trademarks, service marks and trade names are owned, registered and/or licensed by Think Advanced, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

   
   

   1. use the Website pursuant to the Terms;

      
      

   2. copy and store the Website and the material contained in the Website in your device’s cache memory; and

      
      

   3. print pages from the Website for your own personal and non-commercial use.
3. Think Advanced does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Think Advanced.

   
   

4. ThinkAdvanced retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:

   
   

   1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

      
      

   2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

      
      

   3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
5. You may not, without the prior written permission of ThinkAdvanced and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

1. Think Advanced has the right to modify the Terms and any Annual Subscription Fee. If any modification to these Terms or a Subscription Fee adversely affects you, you may cancel your subscription to the Think Advanced Service in accordance with the terms of section 12 below.

    

2. The Think Advanced Services, including the content made accessible to see via the Think Advanced Services, are updated periodically and are subject to change on occasion. Whenever we make a material change to the Think Advanced Service that has a negative impact, we will give you with a minimum of 21 days’ notice prior to implementing the change. A change for which we shall attempt to provide you with advance notice under this section 4 includes the removal of material without a comparable replacement or a reduction in the price you pay. If it has a negative impact on you, you may cancel your Think Advanced Service subscription in accordance with clause 12(2) below.

1. To sign up for a Think Advanced Service you must be at least 18 years old and have a Think Advanced account or register for one. The content of the Think Advanced Service is accessible worldwide; however, some countries may be prohibited without prior warning. This is not always within Think Advanced’s control and is frequently determined by the policies of the website hosting providers.

   
   

2. One device is the maximum number of concurrent logins you can utilise to view a Think Advanced Service across all of your devices (concurrent streams).

   
   

3. A Think Advanced Service (or a certain Subscription Plan) may impose a limit on the number of devices that can access your account. To avoid account sharing, Think Advanced may monitor the number of devices accessing a Think Advanced user’s account.

   
   

4. When you use a Think Advanced Service, certain information will be automatically gathered through the use of cookies to help us enhance your user experience (please refer to the Think Advanced Privacy Policy for more information on how we use this information). Think Advanced Services will not function if your browser is configured to refuse all cookies.

1. You may subscribe to a Think Advanced Service by purchasing a subscription plan for a Think Advanced Service (Subscription Plan) for a defined Subscription Period (Subscription Period) via a Think Advanced Service website, application, or Think Advanced-approved third-party retailers.

   
   

2. At the time of purchase, the price for each Subscription Plan will be displayed, along with any applicable introductory pricing for a limited time only (Subscription Fee). You must pay each Subscription Period’s Subscription Fee in advance. If you opt to pay via a third-party biller, such as Apple, your Subscription Fee will be charged to the third-party billing account you provide.

   
   

3. Per clause 4(1) and 4(2), we reserve the right to modify our Subscription Fees at any moment. We may also adjust our Subscription Fees without notice if required by law or if a regulatory authority demands or mandates a price change that directly affects your future Subscription Fees or our pricing structure (if this happens we will use best endeavours to give you reasonable notice).

1. Unless you cancel your Subscription Plan, it will be automatically renewed at the end of each Subscription Period for an additional Subscription Period. You may terminate your Subscription Plan via your Think Advanced account prior to the renewal date, or as otherwise provided by us or one of our third-party billing partners. For Subscription Plans purchased through Apple, PayPal, Google Pay, AfterPay, ClearPay, or any other approved third-party markets, you must cancel via your marketplace account at least 24 hours prior to the renewal date. If you do not cancel your membership by the specified date, it will be automatically renewed, and your account or credit card will be charged for the subsequent Subscription Period.

   
   

2. Cancellation of your auto-renewal will be effective only at the end of the current Subscription Period, and you will retain access to the Think Advanced Service until the end of the relevant Subscription Period. Customers who cancel during a Subscription Period will not receive pro-rata refunds. For Subscription Plans purchased through Think Advanced approved marketplaces, you can also find out more about managing auto-renewing subscriptions by visiting the webpage of the relevant marketplace. We do not provide any information regarding any marketplace’s terms and conditions (see clause 10).

1. If you are eligible for a credit or redeem a Think Advanced Service gift card, the credit will apply to your Think Advanced account.
2. If you qualify for a Think Advanced Service voucher, it will be applied to that Think Advanced Service.
3. Read the Policy on Refunds

1. You must abide by our reasonable instructions for using the Think Advanced Services. You must not use the Think Advanced Service for any improper or unlawful purpose, and you must not allow anyone else to do the same.

   
   

2. ou may not circumvent, disable, or otherwise interfere with the Service’s security features or any features that prevent or restrict the use, distribution, or copying of a Think Advanced Service or any content contained within a Think Advanced Service. You must not alter or modify the content or Think Advanced Service in any way.

   
   

3. You may view Think Advanced Service content only for personal, non-commercial purposes, and you must not allow Think Advanced Service content to be viewed in public areas of commercial premises.

   
   

4. Unless we permit you to do so, you are not permitted to copy, record, reproduce, republish, post, broadcast, upload, communicate, or make any of the content of a Think Advanced Service available to any other person, or authorise or assist anyone else to do so.

   
   

5. You must not permit another person to use your Think Advanced Service.

   
   

6. You are solely responsible and liable for any activity that occurs on your Think Advanced account, and you are responsible for keeping your password and Think Advanced account details secure.

   
   

7. You are responsible for keeping your Think Advanced account passwords secure and confidential, and you must not allow another person to access and use a Think Advanced Service using your Think Advanced account password. If you suspect or know that your password has been compromised, or if you suspect or become aware of any other security breach, you must notify us immediately. In these circumstances, you must also ensure that your password is changed as soon as possible.

   
   

8. If we have reason to believe that your password has been compromised or is about to be compromised, we may block or reset your password and require you to reset your password.

1. Think Advanced reserves the right to cancel a Think Advanced Service at any time and will give you reasonable notice prior to cancellation. We are under no obligation to provide a refund or provide notice if we cancel due to your violation of our Terms.

   
   

2. You may notify us that you wish to cancel as a result of us changing these Terms, a Subscription Fee or a Think Advanced Service in a way that has a detrimental effect on you. If you do so, your cancellation will be effective as of the date of the change or your notice to us, but you will retain access to the Think Advanced Service until the end of the relevant Subscription Period.

   
   

3. Think Advanced may suspend or restrict your use of or access to all or any of the Think Advanced Services in the following circumstances:
   1. when it is required for technical or operational reasons;

      
      

   2. where we were directed by a content or service provider

      
      

   3. where we reasonably believe a Think Advanced Service is unsecure or is being used in breach of these Terms or is inconsistent with the requirements of our content or service providers, including any violation of the limited licence granted to you at clause 3 above;

      
      

   4. if any payments owed to us have not been paid by the due date;

      
      

   5. if you violate this Agreement and the violation is remediable, you fail to remedy the violation within a reasonable period of receiving notice from us requiring you to do so;

      
      

   6. if we consider on reasonable grounds that you, or someone else using your Think Advanced account, have committed or may be committing any fraudulent activity against us or against any other person or organisation through your or their use of a Think Advanced Service;

      
      

   7. we believe, on reasonable grounds, that you have caused genuine distress to, or have displayed inappropriate behaviour towards, any Think Advanced employees, agents, or contractors, including but not limited to harassing, indecent, abusive, and/or offensive behaviour.

      
      

   8. we believe, on reasonable grounds, that you have made multiple complaints without a reasonable basis, and you have continued to make such complaints despite our reasonable efforts to notify you to stop; or

      
      

   9. where required by law or to comply with (or manage our compliance with) a regulator’s notice, order, direction, or request, one of our content suppliers or service providers, or an emergency services organisation.

1. A Think Advanced Service may include features (including those provided by social media sites like Twitter and Facebook) that allow users to interact with one another and post, upload, or communicate content (including text, audio, video, and photographs) (User Generated Material).

   
   

2. You are solely responsible for any User Generated Material that you upload, post, communicate, or otherwise make available through a Think Advanced Service. You must not post, upload, communicate, or otherwise make User Generated Material available:

   
   

   1. which is abusive, obscene, profane, defamatory, or vulgar and inappropriate;

      
      

   2. which has the potential to offend, insult, humiliate, or intimidate others because of their nationality, gender, age, race, religion, sexual orientation, or any disability;

      
      

   3. which is false, deceptive, or misleading;

      
      

   4. which is not your original work, or which violates or infringes on the rights of others, including material protected by copyright, trade mark, or other intellectual property rights;

      
      

   5. in a manner that impersonates another person or entity or otherwise misrepresents your sponsorship, approval, or affiliation with another person or entity; or

      
      

   6. which violates any law or regulation.
    
3. Think Advanced accepts no responsibility for screening Think Advanced Services for inappropriate User Generated Material. If Think Advanced chooses, in its sole discretion, to monitor User Generated Material on a Think Advanced Service, Think Advanced accepts no responsibility for any User Generated Material and makes no commitment to modify or remove any inappropriate User Generated Material. Think Advanced reserves the right to reject, refuse to post, or delete any User Generated Material for any reason.

   
   

4. Regarding any User Generated Content, including its content, adequacy, completeness, and accuracy, we make no warranties or representations and assume no liability.

   
   

5. You grant to Think Advanced, its assignees and authorised nominees a non-exclusive, perpetual, worldwide, transferrable and royalty free licence to use, publish, display, modify, perform, adapt, communicate, reproduce, exploit, exhibit and in all media throughout the world any User Generated Material posted, uploaded, communicated or otherwise made available by you via a Think Advanced Service.

   
   

6. To the extent permissible by applicable law, you irrevocably and absolutely agree to:

   
   

   1. you consent, and will obtain all other necessary unconditional and irrevocable written consents from any persons involved in producing any User Generated Material, to any act or omission that would otherwise infringe any moral rights in any User Generated Material which you post, upload, communicate or otherwise make available via a Think Advanced Service; and

      
      

   2. any moral rights shall be waived, and all other necessary unconditional and irrevocable written waivers will be obtained.

1. Think Advanced takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Think Advanced Privacy Policy, which is available on the Website.

   
   

2. By entering into these Terms, you accept to the collection, use, and disclosure of your Personal Information in accordance with these Terms and the Think Advanced Privacy Policy & Cookies Policy.

1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

   
   

2. Subject to this clause 5, and to the extent permitted by law:

   
   

   1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

      
      

   2. Think Advanced will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

      
      

3. Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Think Advanced make any express or implied representation or warranty about the content or any products or content (including the products or content of Think Advanced) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

   
   

   1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;

      
      

   2. the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);

      
      

   3. costs incurred as a result of you using the Website, the content or any of the products of Think Advanced; and

      
      

   4. the content or operation in respect to links which are provided for your convenience.

1. Think Advanced’s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.

   
   

2. You expressly understand and agree that Think Advanced, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

   
   

3. You acknowledge and agree that Think Advanced holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.

1. If you want to terminate the Terms, you may do so by providing Think Advanced with 10 working days’ notice of your intention to terminate by sending notice of your intention to terminate to Think Advanced via the ‘Contact Us’ link on our homepage.

   
   

2. Think Advanced may at any time, terminate the Terms with you if:

   
   

   1. you have breached any provision of the Terms or intend to breach any provision;

      
      

   2. Think Advanced is required to do so by law;

      
      

   3. Think Advanced is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or

      
      

   4. the provision of the Services to you by Think Advanced, is in the opinion of Think Advanced, no longer commercially viable.
3. Subject to local applicable laws, Think Advanced reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Think Advanced’s name or reputation or violates the rights of those of another party.

   
   

4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Think Advanced have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

1. You agree to indemnify Think Advanced, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

   
   

   1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with our content;

      
      

   2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

      
      

   3. any breach of the Terms.

1. Compulsory:

   
   

   If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

   
   

2. Notice:

   
   

   A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

   
   

3. Resolution:

   
   

   On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

   
   

   1. Within 7 working days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

      
      

   2. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

      
      

   3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

      
      

   4. The mediation will be held in Melbourne, Australia.
4. Confidential:

   
   

   All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

   
   

5. Termination of Mediation:

   
   

   If 1 month have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

The Services offered by ThinkAdvanced is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.