This web site is owned and operated by Tinker Smart ("Tinker Smart", "we" or "us"). This page states the terms and conditions ("Terms") which constitute the entire agreement between you and Tinker Smart regarding the use of any Tinker Smart's service, media and products including but not limited to the Website and Mobile apps. This agreement is governed by the laws of Malaysia and the user hereby submit to the jurisdiction of the courts of Malaysia. Please read this page carefully. By accessing the Website in any way or using any part of the services and products thereof, you are indicating your agreement to be bound by the Terms. Tinker Smart may revise the Terms at any time by posting an update to this page. Please review the Terms periodically. Your continued use of the Website after we post changes to the Terms means you accepted the changes.
The failure of Tinker Smart to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
No waiver of any Term will be deemed a further or continuing waiver of such provision or any other provision. Except as expressly provided in an end user software license, or in another statement by Tinker Smart on the Website, the Terms constitute the entire agreement between you and us with respect to the use of Website and Mobile apps. No changes to the Terms may be made except by a revised posting by us on this page, and no waiver of any Term will be effective unless it is in writing and signed by us.
Company or Tinker Smart: Shall refer to Tinker Smart and / or any of its subsidiaries.
You or User: Shall refer to all individuals and/or entities accessing the Website and / or using Tinker Smart's services, media and products for any reason.
Website or Site: Shall refer to https://tinkersmart.com and any other website owned by Tinker Smart.
Material: Shall refer to any downloadable software, mobile apps, contents of Website, including, but not limited to, text, graphics, sounds, images and other material.
Service: Shall refer to any service provided by Tinker Smart.
Use of Material
Material are owned by Tinker Smart and are protected by Malaysia and foreign intellectual property laws. Unauthorized use of the Material may violate copyright, trademark and other laws.
You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The Material may not be used on any other web site or in a networked computer environment for any purpose. You may not copy or adapt the HTML or other code that Tinker Smart uses to generate its pages. This code is also protected by Tinker Smart's copyright and other intellectual property rights.
Any downloadable software from this Website is the copyrighted work of Tinker Smart. The terms of the license agreement that accompanies or is included with the software govern the use of the software. This software is made available for downloading solely for use by you according to the license agreement. Any reproduction or redistribution of the software at any website or location not in accordance with the license agreement is expressly prohibited.
General Rules: You may not use the Website in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, hateful, or otherwise objectionable, in our sole discretion.
Security Rules: You may not violate or attempt to violate the security of the Website or use the Site to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization, (c) attempting to interfere with service to any user of the Website, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing," or "crashing" the Site, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any Tinker Smart packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Tinker Smart may investigate violations of the Terms and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
Specific Prohibited Uses: Without limitation, Tinker Smart specifically prohibits any use of the Website, and you may not use the Website, for any of the following:
- distributing or otherwise publishing, without our prior approval, any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services;
- soliciting other users of the Site to join or become members of any online or other service; or
- deleting or revising any material posted by any other person or entity.
Option to Remove: All chat and bulletin board communications are public and not private. Although we reserve the right to remove, without notice, any bulletin board posting for any reason, we have no obligation to delete content you may find objectionable or offensive.
Tinker Smart shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension or termination of the Service or Website or for the contents, accuracy or quality of information available or transmitted through the Service, Website or Material.
Tinker Smart makes no representations and warranties of any kind, whether expressed or implied, for the Services and in relation to the accuracy or quality of any information transmitted or obtained through the Service or Mobile apps. The use of the Website, the Service and the Material is at your own risk. We reserve the right, at our discretion, to modify, add, or remove portions of the Website or the Service at anytime without notice. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material you place on the Website or any media channels.
The Website, Services and Material are provided on an "AS IS" basis without any warranties of any kind. To the fullest extent permitted by law, Tinker Smart disclaims any representation or warranty, whether express or implied, as to the title, fitness for a particular purpose, merchantability, non-infringement, accuracy or standard of quality of the Services and/or Material, and no warranty whatsoever is given that the Service and/or Website will be uninterrupted or error free, or that defects will be corrected, or that the security methods employed will be sufficient or in relation to any content obtained or to be obtained from or through use of the Website and/or the Material and/or the Services unless otherwise specifically mentioned in this agreement.
Tinker Smart shall not be liable for any loss or damages sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the User's account and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed nor does it endorse any opinion expressed by any other User.
Tinker Smart does not warrant that Website or Material will be free of any operational errors nor that it will be free of any virus, worm, or other harmful component. If your use of the Website or Material results in the need for servicing or replacement of your or another's equipment or data, we are not responsible for those costs.
User acknowledges that it is not Tinker Smart's policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to a third party in or through the Service.
Limitation of Liability and Remedies
THE MAXIMUM AGGREGATE LIABILITY OF Tinker Smart UNDER ANY CONTRACTUAL, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO A REFUND OF PAYMENTS WE RECEIVED FROM YOU DURING THE THIRTY-DAY PERIOD BEFORE THE DATE THE LIABILITY AROSE.
WE SHALL NOT BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE WEB SITE, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE, THE SERVICE OR ANY HYPERLINKED WEB SITE.
You shall defend, indemnify, and hold harmless Tinker Smart, and their respective officers, directors, employees and agents, from and against any claims or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the Terms, including (without limitation) any claim of infringement. We will notify you of any such claim and will cooperate with you, at your expense, in defending against any such claim or demand.
Linking to the Web Site
If you would like to link to the Site, you must comply with the following. A website that links to the Website:
- should not frame or create a browser or border environment around the Web Site;
- should not imply that Tinker Smart is endorsing your web site or your products or services;
- should not misrepresent your relationship with Tinker Smart;
- should not present false information about products or services on the Site;
- should not use our trademarks or logos without prior permission from us; and
- should not contain content that we might consider distasteful or offensive.
By submitting content to the Website, including message boards, forum, contests and chat rooms, you grant us and our affiliates the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights, has validly and irrevocably granted you the right to grant the license to us stated above.
Modifications, Cancellation and Termination of Services
Tinker Smart reserves the right at any time and from time to time to modify or discontinue the operation, support, and service of the products and services, temporarily or permanently, with or without notice. Prices, including but not limited to monthly subscription plan fees to the Services, are subject to change upon 30 days notice from Tinker Smart. Such notice may be provided at any time via any channel, including but not limited to digital notices on the Website. Tinker Smart shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time from within your account site. Any or all of your data will be permanently removed from our system upon cancellation. This removal cannot be reversed. The data that is lost cannot be restored. Tinker Smart reserves the right to preserve any or all of the data in a non-restorable form. If you cancel your plan before the end of your current paid month, your cancellation will take effect immediately and you will not be charged again. You will not receive a refund for unused time. Tinker Smart, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any other Tinker Smart service, for any reason at any time. Such termination of the Services will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all data in your Account. Tinker Smart reserves the right to refuse service to anyone for any reason at any time.
Account, Payment and Refunds
You must agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you which is untrue, inaccurate, not current or incomplete, Tinker Smart has the right to terminate your account and refuse any and all current or future use of the Website. You agree not to resell or transfer the Website or use of or access to the Website.
You must be 13 years or older to use the Service. You must be a human. Accounts registered by "bots" or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. Created user accounts may only be used by one person - a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. Tinker Smart cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You may not use the Service for any illegal or unauthorized activities.
The Service is billed in advance and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. For the purposes of equality, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. All amounts owed to Tinker Smart must be paid within the specified payment terms. Tinker Smart may charge interest on any late payment. Prices may vary at any time without notice. You shall not be entitled for any rebate or discount on previously agreed contracts / orders as a result of changes to the Tinker Smart prices.
Links to Other Sites
The Website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party websites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content, suitability, or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at you own risk.
Tinker Smart cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from Tinker Smart because these sites are owned and operated by independent retailers. We do not endorse any of the goods or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Tinker Smart does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and activity. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.
Tinker Smart reserves the right, at its sole discretion and without liability to you, to immediately terminate your ability to access the Website and/or any other service we may provide to you, with or without cause. Without limiting the foregoing, we may terminate your access if we learn you have provided false or misleading information, interfered with other users or the administration of our services, or otherwise not complied with any of the Terms.
You must not falsely assume the identity of an employee representing Tinker Smart. At all times, it is your responsibility to ensure all applicable laws and regulations are complied. You must comply with all notices, instructions and communication given or sent by Tinker Smart with regards to the use of the Service, Website and/or Material. You shall not disclose confidential information obtained through the use of the Service, Website and/or Material to any third party. You must not use the Website to redirect user traffic to your own website or any other third party website.
Changes to this terms
This Terms & Conditions is reviewed and revised from time to time. Please check it regularly. When it does change, the "Last Updated" date at the bottom of the page will be updated.