Terms & Conditions

Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY ONE OF OUR SITES  

 WHAT’S IN THESE TERMS?  

These terms tell you the rules for using our websites https://magigoo.com/ or www.thought3d.com (our “Sites” and each, a “Site”).

These terms of use provide you with the pertinent information, along with our rules, in respect of the areas listed below:

  • Who we are and how to contact us
  • By using any one of our sites you accept these terms
  • There are other terms that may apply to you
  • We may make changes to these terms
  • We may make changes to any one of our sites
  • We may suspend or withdraw any one of our sites
  • You must keep your account details safe
  • How you may use material on any one of our sites
  • Do not rely on information on any one of our sites
  • We are not responsible for websites we link to
  • User-generated content is not approved by us
  • When we are responsible for loss or damage suffered by you
  • Rules about uploading content to any one of our sites
  • Rights you are giving us to use material you upload
  • We are not responsible for viruses and you must not introduce them
  • Rules about linking to any one of our sites
  • Which country’s laws apply to any disputes?
  • Our Intellectual Property

1. WHO WE ARE AND HOW TO CONTACT US 

www.thought3d.com and https://magigoo.com/ are both sites that are operated by Thought3D LTD (“We”, “Us” or “Our”). We are registered in the Malta under company registration number (C67651) and have our registered office at 146, Morning Dew, Triq il-Qasam, Swieqi, Malta. Our main trading address is KBIC, Unit 2150, Kordin Industrial Estate, Paola, PLA3000, Malta. Our VAT number is MT22172828

We are a limited company.

To contact us, please email info@thought3d.com.

2. BY USING ANY ONE OF OUR SITES YOU ACCEPT THESE TERMS 

By using any one of our Sites, you confirm that you accept, without reservation, these terms of use and that you agree to comply with them in their entirety.

 If you do not agree to these terms, you must not use either one of our Sites.

 We also recommend that you print a copy of these terms for future reference.

3. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU 

These terms of use refer to the following additional terms, which also apply to your use of either one of our Sites and acts that you may carry out through them:

  • Our Privacy Policy (Link), which sets out the terms on which we process any personal data we collect from you, or that you provide to us, and also establishes our cookie policy in respect of your visits to our Sites. By using any one of our sites, you consent to such processing and you warrant that all data provided by you is accurate.
  • If you purchase goods from any one of our Sites, our terms and conditions of supply [Link] will apply to and govern your purchase, including your rights thereto.

 4. WE MAY MAKE CHANGES TO THESE TERMS 

We may amend these terms from time to time. Every time you wish to use any one of our Sites, please check these terms to ensure you understand the terms that apply at that time.

5. WE MAY MAKE CHANGES TO ANY ONE OF OUR SITES 

 We may update and change any one of our Sites from time to time to reflect changes to our products, our users’ needs and our business priorities. 

6. WE MAY SUSPEND OR WITHDRAW ANY ONE OF OUR SITES 

The use of both sites is made available to you free of charge.

We do not, however, guarantee that any one of our Sites, or any content on it, will always be available or that you will have uninterrupted access to them. We may also at our sole discretion decide to suspend or withdraw or restrict the availability of all or any part of any one of our Sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access any one of our Sites through your internet connection are aware of these terms of use and other applicable terms and conditions that are incorporated by reference, and that such persons fully comply with them.

7. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@thought3d.com, and we will guide you accordingly.

8. HOW YOU MAY USE MATERIAL ON ANY ONE OF OUR SITES 

We are the owner or the licensee of all intellectual property rights in any one of our sites, as well as in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from any one of our Sites for your personal use and you may draw the attention of others within your organisation to content posted on any one of our Sites.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on any one of our Sites must always be acknowledged.

You must not use any part of the content on any one of our Sites for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of any one of our Sites, or otherwise use such print-outs, copies or downloads, in breach of these terms of use, your right to use any one of our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9. DO NOT RELY ON INFORMATION ON THIS SITE 

The content on any one of our Sites is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content found on any one of our Sites.

Although we make reasonable efforts to update the information on any one of our Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on any one of our sites is accurate, complete or up to date.

10. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO 

Where any one of our Sites contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those third-party sites or resources.

11. USER-GENERATED CONTENT IS NOT APPROVED BY US 

The Sites may include information and materials which have been uploaded by other users of the Sites, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on any one of our Sites do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on info@thought3d.com.

12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU   

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud wilful misconduct and/or gross negligence on our part.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any of our products to you, which will be set out in our terms and conditions of supply [INSERT AS LINK TO WEBSITE TERMS AND CONDITIONS OF SUPPLY].

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to any one of our Sites or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, any one of our Sites; or
    • use of or reliance on any content displayed on any one of our Sites.
  • In particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

If you are a consumer user:

  • Please note that we only provide either of our Sites for domestic and private use. You agree not to use any one of our Sites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. UPLOADING CONTENT TO ANY ONE OF OUR SITES 

Whenever you make use of a feature that allows you to upload content to any one of our Sites, or to make contact with other users of either of our Sites, You warrant that any such contribution does comply with standards of acceptability and decency under applicable laws in Malta, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to any one of our Sites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us, for the duration that the content remains uploaded on either of our Sites,  a non-exclusive, royalty-free licence licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to any one of our Sites constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on either of our Sites if, in our opinion, your post does not comply with the content standards that we consider to be acceptable. We have sole discretion in respect of this and you confirm that you accept that our decision on such a matter shall be valid and binding. We are not bound to give a reason as to why such content has been removed.

You are solely responsible for securing and backing up your content.

14. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM 

We do not guarantee that either of our Sites will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access either of our sites. You should use your own virus protection software.

You must not misuse either of our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to any one of our Sites, the server on which either of our sites is stored or any server, computer or database connected to either of our sites, which includes any attempt on your part to circumvent the technological protection measures that we have in place. You must not attack either of our sites via a denial-of-service attack or a distributed denial-of service attack. Furthermore, you may may not

  • use any robot, spider, scraper, or other automated means to access our Sites for any purpose; and
  • harvest or otherwise collect user information which is found on our Sites.

We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use either of our Sites will cease immediately.

15. RULES ABOUT LINKING TO ANY ONE OF OUR SITES 

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none actually exists.

You must not establish a link to any one of our Sites in any website that is not owned by you.

Either of our Sites must not be framed on any other Site, nor may you create a link to any part of any one of our sites other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on any one of our sites other than that set out above, please contact info@thought3d.com.

16. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES? 

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Maltese law. You and we both agree that the courts of Malta will have exclusive jurisdiction.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Maltese law. We both agree to the exclusive jurisdiction of the courts of Maltese law.

17. OUR INTELLECTUAL PROPERTY 

You are not permitted to use any intellectual property that We own without our approval, unless such intellectual property forms a part of material you are using as permitted under how you may use material on any one of our sites as outlined above.