TERMS OF USE
Welcome to the Thinking Caps Education LLP (the "Company") Website. Please note that the Website www.thinkingcapsedu.com and instances thereof, including any and all related mobile applications describe the Terms of Use on which the Company offers the users access to the Website ("you/your/yourself/user/users") and will govern your use and registration with the Website.

Throughout the Website, the terms "we", "us" and "our" "Thinking Caps Education", refer to Thinking Caps Education LLP. Thinking Caps Education LLP offers this Website, including all information, tools, and services available from it to you, the user, conditioned upon your acceptance of all Terms under the Information and Technology Act of 2000 and conditions, policies and notices stated hereunder. If these Terms of Use are inconsistent with any Additional Terms, the Additional Terms will control the extent of such inconsistency with respect to the applicable service or utilisation of the product. These Terms of Use govern the use of our Website and transactions and dealings thereon.

By using this Website, you agree to the Terms of Use along with any other conditions and notices contained herein. These Terms of Use constitute an electronic record, which does not require you to physically sign to indicate your acceptance. Your continued use of the Website by way of browsing and/or using the Website or its facility or service shall be deemed to constitute acceptance of the Terms of Use along with any other conditions and notices contained herein and shall operate to bind you to the Terms of Use herein. If you do not want to be bound by the Terms of Use, you may not make use of the Website. The latest version of the Terms of Use will be made available on the Website

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1. Refund Policy

 Thinking Caps Education does not have a refund policy.

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2. Eligibility to use the website

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable laws for this purpose. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 and any other applicable laws for this purpose including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e., under the age of 18 years, you shall not register as a member of the Website and shall not purchase or bid for any items on the Website. As a minor, if you wish to purchase an item on the Website such purchase may be made by your legal guardian or parents who have registered as users of the Website. We reserve the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years or are otherwise "incompetent to contract". If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept these Terms of Use and you have the authority to bind that business entity to this User Agreement. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms of Use will result in immediate termination of our services to you.

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3. Membership details and its security (if applicable)

3.1. As a registered member of Thinking Caps Education, your name, contact details, address, email-id become automatically saved in the "Account" section of the Website that can be accessed only by you. You can track all your orders by logging in to your "Account" section with the user id and password set by you. Further, if you choose to opt for our email updates, all information regarding new additions to the Website about our products and services, as well as promotional schemes, will be emailed to you at regular intervals.
3.2. You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under your Account. You agree to (a) immediately notify Thinking Caps Education of any unauthorized use of your Account Information or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. In the absence of such notification from you, any purchase transaction made on the Website through your Account and/or in your name shall be binding on you. Thinking Caps Education cannot and will not be liable for any loss or damage that you may incur because of unauthorized use of your Account or Account Information or any products or services or materials, either with or without your knowledge.
3.3. You shall ensure that the Account Information provided by you in the Website's registration form is complete, accurate and up to date. Use of another user's Account Information for availing services offered on the Website is expressly prohibited.
3.4. If you provide any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Website (or any portion thereof).

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4. Access to website
We will do our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Your access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension, planned or unplanned or restriction.

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5. License for website access

5.1. Subject to your compliance with these conditions of Terms of Use, Thinking Caps Education grants you a limited licence to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion thereof. An additional exception to this is when download involves PDF's and word documents for paid/purchased products or services.
5.2. This Website or any portion of this Website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed, or otherwise exploited for any commercial purposes.
5.3. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Thinking Caps Education and its affiliates without express written consent of Thinking Caps Education. Any unauthorised use will terminate the permission or license granted by Thinking Caps Education.

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6. User obligations

6.1. You agree to provide correct and accurate credit / debit card / net banking / e-wallet details to the approved payment gateway for purchasing any products and/or availing services. You shall not use the credit / debit card, which is not lawfully owned by you, i.e., in any transaction, you must use your own credit / debit card / net banking / e-wallet. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation, or court order. You will be solely responsible for the security and confidentiality of your credit / debit card/ net banking / e-wallet details. Thinking Caps Education expressly disclaims all liabilities that may arise because of any unauthorized use of your credit / debit card/ net banking / e-wallet.
6.2. You agree to use the Website and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
6.3. You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that you will access through the Website in accordance with the Terms of Use contained herein.
6.4. You agree not to access (or attempt to access) the Website and the materials or services by any means other than through the interface that is provided by Thinking Caps Education. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or anysimilar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You must not transmit any worms or viruses or any code of a destructive nature.
6.5. By accessing or using the Website or services, you may be exposed to content from other users that you may consider offensive, indecent, or otherwise objectionable. Thinking Caps Education disclaims all liabilities arising in relation to such offensive content on the Website. Further, you may report such offensive content in the manner prescribed.
6.6. If the Website allows you to post and upload any material on the Website, you hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. Further, you undertake not to:

a. Defame, abuse, harass, threaten, or otherwise violate the legal rights of others.
b. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
c. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information through any bookmark, tag, or keyword.
d. Upload files that contain software or other material protected by applicable intellectual property laws unless you own or control the rights thereto or have received all necessary consents expressly in writing and/or otherwise.
e. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer.
f. Engage in any activity that interferes with or disrupts access to the Website (or the servers and networks which are connected to the Website).
g. Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any of the Company servers, or to any of the product and services offered on or through the Website, by any illegitimate means (including such as hacking and password mining).
h. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, or visitor, to the Website, or any other customer of Thinking Caps Education, including any Thinking Caps Education Account not owned by you, to its source, or exploit the Website or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information;
i. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Websites or any affiliated or linked sites.
j. Collect or store data about other Users.
k. Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
l. Use the Website or any material or Content for any purpose that is unlawful or prohibited by the Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Thinking Caps Education or other third parties.
m. Conduct or forward surveys, contests, pyramid schemes or chain letters.
n. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
o. Violate any code of conduct or other guide, which may be applicable to the Website.

p. Violate any applicable laws or regulations for the time being in force within or outside India.

q. Violate the Terms of Use including but not limited to any applicable additional terms; and
r. Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

 

6.7. You shall not replicate or copy the designs of the products and/or services available on the Website for any reason whatsoever. If the same is found, it will constitute as infringement and breach of these Terms of Use.
6.8. You agree that you are solely responsible to Thinking Caps Education and to any third party for any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Thinking Caps Education or its affiliates may incur or suffer) for any such breach.

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7. Use of materials and nature of products and services

7.1. Except as expressly indicated to the contrary herein or in any applicable additional terms, Thinking Caps Education hereby grants you a non-exclusive, freely revocable (upon notice from Thinking Caps Education), non-transferable access to view catalogues of products and/or services or any other materials available on the Website, subject to the following conditions:

a. You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use contained herein.
b. You shall not modify or alter catalogues of products or any other materials available on the Website; and
c. You may not remove any text, copyright or other proprietary notices contained in the catalogues of products and services or any other materials available on the Website.

7.2. The rights granted to you as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and shall not be copied or imitated in whole or in part.
7.3. Any software that is available on the Website is the property of Thinking Caps Education. You shall not use, download, or install any software available at the Website, unless otherwise expressly permitted in writing by Thinking Caps Education.
7.4. The information (including, without limitation, advice, and recommendations) on the Website is intended solely for informational and general educational purposes. Your use of the site is subject to the additional disclaimers and caveats that may appear throughout the Website. The Company and Website and its agents assume no responsibilities for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the Website. While we shall strive to keep the information on the Website accurate, complete, and up to date, we cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information on the Website.
7.5. Our products and services are designed for children to participate under parental supervision. The parents and/or guardian can use their discretion and ensure whether the product and/or services is/are suitable for their child. Thinking Caps Education takes no responsibility for any medical or physical adverse effects and/or accidents related to their activities, products, or services. We and/or our service providers cannot be held liable for any loss or damages in relation to such medical or physical adverse effects and/or accidents.
7.6. Our products are guiding in nature and are not a final consumable product. They are by no means diagnostic in any form. They are created as tools to probe parents and get them to try and creatively work with their children. We waive off any liability from consequences that occur while using our products or materials, following our suggestions and/or doing our activities.
7.7.  We recommend some toys and books along with our modules. These suggestions are our individual opinion. These recommendations are to be used at the sole discretion of the parent/s. Parents are free to find their own alternative tools suitable to their child and draw their inferences. We take no responsibility whatsoever for any damages and liabilities that you may incur by using third party products and/or services.

7.8.  We recommend some other therapies/therapists/remedies that we believe fit well with our services. These suggestions are our individual opinion. These recommendations are to be used at the sole discretion of the parent/s. Parents are free to find their own alternative tools suitable to their child and draw their inferences. We take no responsibility whatsoever for any damages and liabilities that you may incur by using third party products and/or services.
7.9. We also use third party links, and their downloadable materials. The links and some material that can be downloaded may or may not belong to third parties. Please go through their terms and conditions before using the reference links and video. In no way can be held liable for any losses or breach of conduct between their users and links of third parties. If the links are not accessible, you are free to find an alternate link or write to us on contact@thinkingcapsedu.com for further guidance.

8. Usage conduct

8.1. You shall solely be responsible for maintaining the necessary computer equipment and Internet connections that may be required to access, use, and transact on the Website.
8.2. You shall use this Website for reasonable and lawful purposes only and shall not indulge in any activity that is not envisaged through the Website.
8.3. Thinking Caps Education shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly due to any unauthorized transaction effected from your Account for any reason whatsoever.

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9. Intellectual property rights

9.1. The Website and its processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, images, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Thinking Caps Education and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by worldwide copyright laws, patent and trademark laws, and various other intellectual property rights.
9.2. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Thinking Caps Education. You are not permitted to use the Marks without the prior written consent of Thinking Caps Education.
9.3. The Thinking Caps Education retains full and complete ownership of all Intellectual Property rights, copyrights, design rights and know-how for any products or services showcased and/or delivered through the Website.
9.4. Thinking Caps Education owns all intellectual property rights to the trademark "Thinking Caps Education" and variants thereof, and the domain name, including, without limitation, any and all rights, title, and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
9.5. Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce, or distribute any Content through any medium without obtaining the necessary authorization in writing from Thinking Caps Education.

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10. Disclaimer of warranties & liability
You expressly understand and agree that, to the maximum extent permitted by applicable law:

10.1. You shall indemnify, defend and hold harmless Thinking Caps Education from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Thinking Caps Education that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Use or any additional terms applicable to purchase of products and/or services, or any violation of the Terms of Use and/or terms of offer for sale or other terms and conditions relating to the use of the Website and the purchase of products.
10.2. In no event shall Thinking Caps Education, its officers, directors, employees, affiliates, partners or agents, contractors, interns, suppliers, service providers or licensors be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages whether or not foreseeable or whether or not Thinking Caps Education has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your purchase of the products and/or availing of any services herein, including but not limited, to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted or otherwise made available via the service, even if advised of their possibility. This is because some jurisdictions do not allow the exclusion or the limitation of liability for consequential and incidental damages. In such jurisdictions our liability shall be limited to the maximum extent permitted by law.
10.3. Thinking Caps Education shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities, and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. You understand and agree that any material or data downloaded or otherwise obtained through the Website is done entirely at your own discretion and risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data. Thinking Caps Education is not responsible for any typographical error leading to any invalidity of any kind.
10.4. Notwithstanding anything to contrary contained in these Terms of Use, terms of offer for sale or elsewhere, our entire liability to you shall be limited to the amount of the moneys paid by you for or towards any product or service, in connection with which the claim has arisen, (which amount shall be refunded to you), in case the claim is proven by an order of the court or any competent authority.

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11. Violation of terms of use
Thinking Caps Education may, in its sole discretion and without prior notice, terminate your access to the Website if we determine that you have violated the Terms of Use or additional terms, or any other duty owed to Thinking Caps Education. Any violation by you of the Terms of Use will constitute a breach and will cause irreparable harm to us, for which monetary damages is likely to be inadequate. You consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies Thinking Caps Education may have at law or in equity.

12. Termination
The Terms of Use will continue to apply until terminated by either you or Thinking Caps Education as set forth below:

12.1. If You want to terminate your agreement with Thinking Caps Education, you may do so by closing your Account (if any). However, such termination shall not affect any rights and obligations that result from or resulted from or are related to your use of the Website prior to such termination, or any product or services purchased by you, or any product or services availed by you prior to such termination.
12.2. Thinking Caps Education may at its discretion and at any time with or without notice terminate or suspend the Account without cause or with cause if:

a. You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to you.
b. Thinking Caps Education is required to do so by law (for example, where the sale of products or provision of the services to you is, or becomes, unlawful or pursuant to a request by a regulatory authority or enforcement /enactment of any laws or regulations).

c. The sale of products or provision of the services to you by Thinking Caps Education is, in Thinking Caps Education opinion, no longer commercially viable.
d. Thinking Caps Education has elected to discontinue, with or without reason, access to the Website, providing of any of the services (or any part thereof) either in general or specifically to you.

12.3. For technical or any other reason, termination or suspension may include:

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(i) removal of access to all or portion of the offerings on the Website or any portion thereof;

(ii) deletion of your materials and / or Account Information, including your personal information, user ID and password, and all related information, files and materials associated with you or inside your Account (or any part thereof); and
(iii) barring of further use of the Website or providing any services. Thinking Caps Education may also delete any content or other materials relating to your use of the Website.

12.4. Thinking Caps Education shall not be liable to you or any third party for any such termination.
12.5. Termination or suspension shall not affect your liability or obligation arising prior to such termination or suspension.

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13. Disputes
All or any dispute, controversy or claim directly or indirectly caused by, arising out of, or relating to these Terms of Use, including the interpretation and the validity thereof will be governed by the laws of India and will be referred to confidential, mandatory, and binding arbitration in Gurugram, India and all the proceedings shall be conducted in English. The arbitration will be extendable to 6 months before a mutually agreed sole arbitrator in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 or any statutory amendments/modification thereof for the time being in force. The arbitrators award shall be substantiated in writing and will be final and binding on You. Subject to the above, You agree to submit yourself to the exclusive jurisdiction of the Courts in Gurugram, India;

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All or any dispute, controversy or claim directly or indirectly caused by, arising out of, or relating to these Terms of Use, including the interpretation and the validity thereof will be governed by the laws of India and will be referred to confidential, mandatory, and Pre dispute mandatory mediation in Gurugram, India. Failing this the parties can enter into litigation and will be under the jurisdiction of the courts of Gurugram, India.

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14. Report abuse
In the event you come across any abuse or violation of the Terms of Use or if you become aware of any objectionable Content on the Website, please report to contact@thinkingcapsedu.com.

15. Force majeure
Thinking Caps Education will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.

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16. Privacy policy
Please review our Privacy Policy, which also governs your visit to the Website, to understand our practices. The personal information / data provided to us by you during usage of the Website will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Website.

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17. Newsletters and communications
You hereby expressly agree to receive communications and newsletters from us by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from Thinking Caps Education at any time by following the procedure set forth in the newsletters.

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18. General provisions

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18.1. Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights hereunder to any third party. Thinking Caps Education rights under the Terms of Use are freely transferable by Thinking Caps Education to any third parties without the requirement of seeking your consent.
18.2. Severability: If a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, the same shall not affect the provisions of any other portion of the Terms of Use. In any event, such provision shall be enforced to the maximum extent permissible to give effect to the intent as reflected by that provision.
18.3 Waiver: Any failure by Thinking Caps Education to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver of that provision or right.
18.4. Feedback and Information: Any feedback You provide to this Website shall be deemed to be non- confidential. Thinking Caps Education shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that (i) Your feedback does not contain confidential or proprietary information of you or of third parties; (ii) Thinking Caps Education is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) You are not entitled to any compensation or reimbursement of any kind from Thinking Caps Education for the feedback under any circumstances.
18.5     Thinking Caps Education tries its best to deliver products and services exactly the way they are described on the Website. We cannot guarantee that your computer monitor's display of any text or video shared by us will be accurate. We reserve the right but are not obligated tolimit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-to-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by You will meet your expectations or that any errors in the service will be corrected. All products and services offered is our best effort and each user may have a different outcome or experience. Thinking Caps Education takes no guarantee or responsibility for the items used for activities and the experience each person draws from it.