Terms of service
Thinkable allows anyone to learn, source & fund science
Thinkable.org is a place where users, scientists and organizations (collectively “Users”) connect, interact, share information & collaborate towards scientific research & development. Users launch online competitions, awards, challenges or grants (collectively “Competitions”) to source, award and engage with scientists from around the world. Thinkable also enables certain scientists (collectively ‘Fellows’) to create and share content in order to receive financial sponsorship from Thinkable.
Acceptance of Terms
The following terms and conditions govern all use of the Site and all Content and Services available at or through the Site. The Site is owned and operated by Thinkable Pty Ltd (“Thinkable”), ACN 166 793 095. The Site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site (“Agreement”).
Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to become legally bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. If these terms and conditions are considered an offer by Thinkable, acceptance is expressly limited to these terms. The Site is available only to individuals who are at least 18 years old. If you are between the ages of 13 and 17, you can use the Service with the consent and supervision of your parent or legal guardian who is at least 18 years old, provided that your parent or legal guardian also agrees to be bound by this Agreement and to be responsible for your use of the Service. You are not eligible to use the Service if you have previously been suspended from using the Service for any reason and we have not explicitly authorized you to resume using the Service. We reserve the right to refuse use of the Service to anyone and to reject, cancel, interrupt, remove or suspend research ideas and researchers at any time for any reason without liability.
“Agreement” – The operating rules, policies and procedures that may be published from time to time on this Site.
“Award” - the award (financial or otherwise) for the Winners revealed on the site as part of the Competition Information listed by the host.
“Competition” – Competitions, awards, challenges or grants hosted on the Site, however expressed
“Competitor” - in relation to any Competition posted on the Website, a person or entity who submits or proposes to submit an Entry to the Competition.
“Content” – Includes but is not limited to: videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works.
“Entity” - includes a reference to an individual, group of individuals, organisation, society, university, business, corporation, firm, association or other entity;
“Host” – Any entity that posts a competition or procures Thinkable to post a Competition.
“Scientist” – A user or users who is an active scientist, researcher or academic.
“Fellow” - A scientist who accepts financial sponsorship from Thinkable.
“Sponsor” – A user who financially supports a competition.
“Submission” – an application by a Competitor in response to a Competition.
“User” – Entities that have a registered account with Thinkable that enables them to use the Website and includes their name and password.
Thinkable is not a place for hatred, abuse, disrespect, meanness, harassment, or spam. You agree not to:
- use the site to promote violence, degradation, subjugation, or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
- post images or videos that are sexually explicit or show people or animals being hurt or degraded; or
- spam our comments sections or other Users with offers of goods and services or inappropriate messages.
Thinkable reserve the right to terminate accounts for such activities.
All users will be able to create, post, transmit and/or store content on the Site. You understand that your User Content is viewable by others and you agree that you are solely responsible for your User Content and that Thinkable is not responsible or liable for any User Content. By creating content, Users agree to their images, videos, text or excerpts being made available for discovery in Thinkable search engine results, as well as their appearance in Thinkable communications or promotions.
By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content does not violate the privacy or publicity rights of any third party;
While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen and delete User Content at any time and for any reason.
Though Thinkable cannot be held liable for the actions of a user or scientist, users and scientists are nevertheless wholly responsible for fulfilling obligations both implied and stated in any competition whereby they receive an award on the site. Thinkable reserves the right, but has no obligation, to cancel, interrupt or suspend users and scientists and refund all associated payments at any time for any reason.
When applying to a competition, users and scientists consent to Thinkable and the host to use their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting the competition (including any outcome), and promoting the Site. Due to archiving & reporting requirements, submissions cannot be deleted from competitions.
If you agree to these terms on behalf of an entity you represent and warrant that (i) you have authority to bind that entity to this Agreement, (ii) your agreement to these terms will be treated as the agreement of the entity and (iii) any individual or entity to whom you provide access to the Software shall be made aware of and shall be bound by these terms. In that case, “you” and “your” in this Agreement shall refer to the entity you represent.
Thinkable provides a sourcing platform for entities to host competitions to source, award and track scientific research. Even though Thinkable provides a platform and related services for entities to host Competitions, we are not affiliated with any specific Competition or the individuals or entities who launch them unless they are expressly hosted by Thinkable within the platform. We therefore have no responsibility with respect to Competitions, their quality, legality, administration of funding or prizes, conduct or judging, or any content within each Competition page. Please note that some Competitions will include their own separate terms, conditions, and rules. You must agree to be bound by both Thinkable’s Terms and any additional Competition terms in order to participate in a research Competition. However if they conflict, Thinkable’s this Agreement will apply unless it is clearly and prominently stated otherwise in their policy.
If a competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Thinkable, including but not limited to technical difficulties, unauthorised intervention, vote tampering or fraud, Thinkable reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any applicant or host (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the research competition, as appropriate. Due to archiving & reporting requirements, completed competitions (that have been archived) cannot be deleted from the site along with the user profile of the host.
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Thinkable (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under Thinkable’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or Award claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Thinkable) due to any reason beyond the reasonable control of Thinkable; (d) any variation in priz or award value; (e) any tax liability incurred by a winner or entrant; (f) use of and participation in the competition or (g) any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of Award.
Relationship between Users and Hosts
When a user enters a Competition, they are agreeing to a legal contract with the host both through the submission and awarding of any award associated with the Competition. Thinkable is not a part of this contract — the contract is a direct legal agreement between the host and the entrants and award winners of their competition.
Here are the terms that govern that agreement:
- Users that submit ideas to Competitions are agreeing fully to any terms or conditions listed by the host on the competition page in addition this Agreement.
- If the host does not fulfil the obligation of transferring the promised full award, grant or other financial reward connected to the Competition at the end of a Competition within a reasonable time-frame and as described in the terms of the Competition, then the host fails to live up to the basic obligations of their agreement with the user(s).
- The host is solely responsible for fulfilling the promises made in awarding funds or other rewards promised to award winners in their Competition.
- If the host is unable to satisfy the terms of this agreement, they may be subject to legal action by either the user and/or the organization they represent.
As a Sponsor, you are solely responsible for asking questions and investigating Competitions and hosts to the extent you feel is necessary before you make a financial sponsorship. All sponsorships are made voluntarily and at your sole discretion and risk. Thinkable doesn't guarantee that sponsorships will be used as promised. Thinkable does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any submission or competition, or the truth or accuracy of content posted on the Service.
Thinkable makes no representations regarding the deductibility of any contribution for tax purposes. Please consult your tax advisor for more information.
Billing and Payments
For all payments for reimbursement costs, fees or expenses associated with a sponsorship, thinkable.org will charge your credit card according to the amount agreed upon between you and thinkable.org for the use of the Service, and you hereby authorize us to charge your credit card for such amounts.
All payments are made via our third party partner financial gateways. We are not responsible for the performance of any 3rd party credit card processing services.
Sponsorships, along with our fees and charges, are not refundable. You acknowledge and agree that any and all sponsorships You make are between You, the host and the financial gateway only, and that Thinkable is not responsible for sponsorship transactions, including without limitation any personal or payment information You provide to the financial gateway.
As Thinkable asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by our Site violates your copyright, you are encouraged to notify Thinkable. Thinkable will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Thinkable will terminate a visitor’s access to and use of the Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Thinkable or others.
You retain all ownership rights in your User Content, unless explicitly stated otherwise for entry into a competition. However, by creating content, you grant Thinkable a world-wide, royalty-free, and non-exclusive license to reproduce and publish the Content solely for the purpose of displaying, distributing, campaigning and promoting the research or competition. This Agreement also does not transfer from Thinkable to you any Thinkable or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Thinkable. Thinkable, Thinkable.org, the Thinkable.org logo, and all other trademarks, service marks, graphics and logos used in connection with Thinkable.org, or the Website are trademarks or registered trademarks of Thinkable or Thinkable’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Thinkable or third-party trademarks.
Content Posted on/from Other Websites
We have not reviewed, and cannot review, all of the material made available through the website and webpages to which Thinkable links, and that link to Thinkable. Thinkable does not have any control over those webpages, and is not responsible for their contents or their use. By linking to a non-Thinkable website or webpage, Thinkable does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Thinkable disclaims any responsibility for any harm resulting from your use of non-Thinkable websites and webpages.
Thinkable reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Thinkable may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Thinkable may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to indemnify and hold harmless Thinkable, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
You expressly understand and agree that:
1. Your use of thinkable is at your sole risk. Thinkable is provided on an “as is” and “as available” basis and are without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.
2. Thinkable and its directors, employees, agents, suppliers, partners and content providers makes no warranty that (i) the site will meet your requirements, (ii) the site will be uninterrupted, timely, secure, or error-free, (iii) any content or software available at or through the site is or will be free of viruses or other harmful components (iv) the quality of any products, services, information, or other material purchased or obtained by you through thinkable will meet your expectations, and (v) any defects or errors will be corrected.
3. Any material downloaded or otherwise obtained through the use of thinkable is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from thinkable or through or from Thinkable shall create any warranty not expressly stated in this Agreement.
Limitation of liability
In no event shall thinkable, or its directors, employees, agents, partners, suppliers, representatives or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the site or the services made available through the site for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from, any (i) lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) viruses, bugs, trojan horses, or the like (regardless of the source of origination), (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on thinkable; or (v) any other matter relating to thinkable. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of the tos sections may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total thinkable fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
This Agreement constitutes the entire agreement between Thinkable and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Thinkable, or by the posting by Thinkable of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New South Wales, Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Sydney, Australia.