Terms of Use

1. About This Site

THINCK is an independent digital publication carrying reporting, analysis, commentary, columns and satire, primarily in Malayalam and English. Everything on the Site is published for general information and public discussion. Nothing on the Site is offered as, or should be relied upon as, professional advice.

2. The Nature of Our Content

THINCK publishes several distinct kinds of writing, and they should not be read the same way.

Satire, comment and dialogue columns

Several of our columns are works of satire, comment, caricature and imagined dialogue. They frequently use fictional characters, invented conversations, exaggeration, irony and humour to comment on public affairs. They are not literal statements of fact, are not intended to be read as factual reporting, and should not be understood as asserting that any named person did or said the particular things depicted. These columns include, among others:

• Kannasum Kadalasum (കണ്ണാസും കടലാസും)
• Dasanum Vijayanum (ദാസനും വിജയനും)
• Mallanum Maathevanum (മല്ലനും മാതേവനും)

Where such a column refers to real people, institutions or events, it does so as commentary and criticism on matters of public interest, in a form long established in Malayalam letters. Any resemblance between the imagined conversations in these columns and actual conversations is not intended and should not be inferred.

Opinion and commentary

Opinion and commentary represent the honestly held views of the contributor writing them, on matters of public interest, and do not necessarily reflect the position of THINCK Media. Some of our columnists write under established pen names, as has long been customary in Malayalam journalism.

Reporting and investigation

Our reporting and investigative columns, including Anweshanam (അന്വേഷണം), draw on public records, filings, official proceedings and reporting where these are available, and identify their basis where they do so. Where a matter is contested, unresolved or before a court, we aim to say so.

3. Legal Proceedings and Ongoing Matters

Where we report on investigations, complaints, charges or court proceedings, a person who has been named, accused, arrested, charged or investigated is not for that reason guilty of anything. An allegation is an allegation until a competent court says otherwise, and nothing on this Site should be read as a finding of guilt.

Legal matters develop, and reporting reflects the position as understood at the time of publication. If you believe an article misstates the current status of any proceeding, tell us under section 6 and we will look at it.

4. No Professional Advice

Content on the Site — including anything touching on legal, financial, investment, medical, health, religious, astrological or predictive subjects — is published for general interest and discussion only. It is not advice, it is not a substitute for advice from a qualified professional, and it must not be relied upon in making any decision. Where the Site carries astrological, spiritual or traditional material, it is published as cultural and general-interest content and no claim is made as to its predictive or scientific validity.

5. Intellectual Property

Original content on the Site — text, images, layout and design — belongs to THINCK Media or to its contributors and is protected by copyright. You may read, link to and share our articles. You may not republish, redistribute, translate, adapt, mine, scrape or commercially exploit our content, in whole or in substantial part, without our written permission.

Third-party names, marks, logos, photographs and embedded video remain the property of their respective owners and appear on the Site for the purposes of reporting, criticism, review and commentary.

6. Corrections, Right of Reply and Complaints

We would rather fix something than argue about it. If you are the subject of something we have published, or you believe an article contains a factual error, we ask that you contact us before taking any other step, so that we have a fair opportunity to consider it.

Write to editorial@thinck.org with:

• the URL of the article
• the exact words you say are wrong
• what you say the correct position is
• any documents or sources supporting that

We aim to acknowledge complaints promptly and to deal with them within a reasonable period. Where we are satisfied that something is wrong, we will correct it and say so. Where the subject of an article wishes to put their side, we will consider publishing a reply or a statement of their position. See our Corrections Policy and our Complaints page.

Engaging with this process does not affect any legal right you may have. It exists because it is usually faster, cheaper and more effective for everyone than the alternative.

7. Copyright Complaints

If you own copyright in material you believe has been used on the Site without authorisation, write to editorial@thinck.org with the subject line “Copyright Complaint” and include:

• identification of the work you say has been infringed
• the URL where it appears on the Site
• your name and contact details
• a statement that you own the rights or are authorised to act for the owner
• a statement that you believe in good faith the use is not authorised by the owner, its agent or the law

We will acknowledge your complaint and, where it is well founded, remove or disable access to the material. Where material has been removed and you believe that was a mistake, or that your use was permitted by law — for example as reporting, criticism, review or fair dealing — you may write to the same address setting out why, and we will reconsider.

Please note that reporting, criticism, review and commentary are permitted uses of copyright material in most jurisdictions, and we may decline a complaint on that basis.

8. Acceptable Use

The Site does not host reader comments or accept public submissions for publication. When using the Site, you agree not to:

• copy, scrape, mine or systematically extract content from the Site, including for the training of machine-learning systems, without our written permission
• attempt to gain unauthorised access to any part of the Site or its infrastructure
• interfere with the operation of the Site, or with advertising delivery or measurement
• misrepresent yourself as connected with, or authorised by, THINCK
• use the Site in breach of any applicable law

9. Third-Party Content, Links and Advertising

The Site carries advertising served by third parties, and links to and embeds material published elsewhere, including video hosted on third-party platforms. We do not control that material and are not responsible for it, for the practices of the sites it sits on, or for the content of advertisements. A link or an embed is not an endorsement.

10. Disclaimer

The Site and everything on it are provided “as is” and “as available”, without warranty of any kind, express or implied, to the fullest extent permitted by law. We do not warrant that the Site will be available, uninterrupted, error-free or secure, or that any content is complete, current or fit for any particular purpose.

11. Limitation of Liability

To the fullest extent permitted by law, THINCK Media, its contributors and its personnel will not be liable for any indirect, incidental, special, consequential, punitive or exemplary loss, or for any loss of profit, revenue, data, goodwill or reputation, arising out of or in connection with your use of, or reliance on, the Site or its content, however arising.

To the fullest extent permitted by law, our total aggregate liability to you in connection with the Site is limited to one hundred Canadian dollars (CAD 100). Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

12. Indemnity

You agree to indemnify and hold harmless THINCK Media, its contributors and its personnel against any claim, demand, loss, liability or expense (including reasonable legal costs) arising out of your breach of these Terms, your misuse of the Site, or your unauthorised use of content from the Site.

13. Suspension and Termination

We may modify, suspend, restrict access to, or discontinue the Site or any part of it at any time and without notice. We may withdraw access from any person who breaches these Terms.

14. Governing Law and Jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them, their subject matter or their formation, are governed by the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable there, without regard to conflict-of-laws principles.

You and we agree that the courts of the Province of Alberta, Canada have exclusive jurisdiction to determine any such dispute or claim, and you submit to the jurisdiction of those courts.

The Site is operated from Canada. We make no representation that the Site or its content is appropriate, lawful or available for use in any other place. If you access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with any local law that applies to you.

15. General

If any provision of these Terms is held to be invalid or unenforceable, that provision will be severed and the remainder will continue in full force. Our failure to enforce any provision is not a waiver of it. These Terms, together with our Privacy Policy, are the entire agreement between you and us in relation to the Site.

The Site is not directed at children. We may amend these Terms at any time by posting a revised version; the date at the top of this page shows when that last happened, and continued use of the Site after that date means you accept the change.