TERMS AND SERVICE

Overview

Welcome to our website. If you continue to browse and use COUNTINGWELLTM you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern COUNTINGWELL's relationship with you in relation to COUNTINGWELL and the products and services which you purchase through COUNTINGWELL.

The term 'COUNTINGWELL' or 'us' or 'we' refers to ILLUMINATI LEARNING SOLUTIONS PVT. LTD, whose registered office is at 209, PINE B2,PRESTIGE GREENWOODS, VARTHUR ROAD,NAGAVARPALYA C V RAMAN NAGAR, BENGALURU, INDIA. The owner of the COUNTINGWELL website and app will be hereinafter referred to as ILLUMINATI.

The term 'you' refers to the user/viewer of our website, the COUNTINGWELLTM app and its allied products and services.

The term COUNTINGWELL refers to the Countingwell.com website, app and its allied services and products.

COUNTINGWELLTM offers the countingwell.com website and app, including all information, products, tools and services available from COUNTINGWELL to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site, installing our app and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by link to other pages. These Terms of Service apply to all users of the site and the app, including without limitation users who are customers, partners, vendors, merchants, and/ or contributors of content.

The Terms of Service also apply to anyone who is browsing on COUNTINGWELL or using a trial version of the COUNTINGWELL app. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. The latest Terms of Service will always be available on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. You are notified that any new features, tools or services that are added to the current store shall also be subject to the Terms of Service. It is your responsibility to check this page periodically for changes. Your continued use of or access to COUNTINGWELL following the posting of any changes constitutes acceptance of those changes. External links may be provided for your convenience, but they are beyond our control and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

Eligible users

Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to use our products or services. Persons who are minors, un-discharged insolvents etc. are not eligible to use our products or services. As a minor if you wish to use our products or services, such use shall be made available to you by your legal guardian or parents. COUNTINGWELL will not be responsible for any consequence that arises as a result of misuse of any kind of our products or services that may occur by virtue of any person including a minor using the services provided. By using the products or services you warrant that all the data provided by you is accurate and complete and that you have obtained the consent of parent/legal guardian(in case of minors). COUNTINGWELL reserves the right to terminate your subscription and / or refuse to provide you with access to the products or services if it is discovered that you are under the age of 18 years and the consent to use the products or services is not made by your parent/legal guardian or any information provided by you is inaccurate.

Warranties

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on COUNTINGWELL for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on COUNTINGWELL is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products or information available through COUNTINGWELL meet your specific requirements.

Unauthorized use of COUNTINGWELL may give rise to a claim for damages and/or be a criminal offence.

From time to time COUNTINGWELL may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Severability

Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

Trademarks

The trademarks, names, logos and service marks (collectively “trademarks”) displayed on COUNTINGWELL are trademarks of the respective owners. Nothing contained on COUNTINGWELL should be construed as granting any license or right to You to use any trademark without the prior written permission of the owner.

Disclaimer of Liability

In no case shall COUNTINGWELL, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless ILLUMINATI and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. Applicable laws (choice of venue and forum) Use of COUNTINGWELL shall in all respects be governed by the laws India, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the courts located in Bangalore, Karnataka, India shall have exclusive jurisdiction over all controversies arising under this agreement and You agree that venue is proper in those courts.

In no event will COUNTINGWELL. be liable for damages of any kind, including without limitation,

(1) indirect, punitive, special, exemplary, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage, loss of programs or information), or

(2) direct damages in excess of the amount paid to COUNTINGWELL for the product and / or service, arising out of the use of, misuse of or inability to use, or errors, omissions or other inaccuracies in the Site or the products and / or services, or any information provided on the Site. Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, in such instances, some of the above limitations may not apply to the User

Copyright

All content of COUNTNGWELL is protected by worldwide copyright laws. You may download content only for your personal use for non-commercial purposes but modification or further reproduction of the content is not permitted. The content may otherwise not be copied or used in any way. The owners of COUNTINGWELL will use reasonable efforts to include up-to-date and accurate information in COUNTINGWELL, but makes no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided. The owners of COUNTINGWELL shall not be liable for any damages or injury resulting from your access to, or inability to access COUNTINGWELL, or from your reliance on any information provided at COUNTINGWELL. COUNTINGWELL may provide links or references to other sites but the owners of COUNTINGWELL have no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content. Any links to other sites are provided as merely a convenience to the users of COUNTINGWELL. Any personally identifiable information in electronic communications to COUNTINGWELL is governed by COUNTINGWELL’s Privacy Policy. ILLUMINATI and COUNTINGWELL shall be free to use or copy all other information in any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purposes. Such purposes may include disclosure to third parties and/or developing, manufacturing and/or marketing goods or services. The sender of any communications to COUNTINGWELL or otherwise to the owners of COUNTINGWELL shall be responsible for the content and information contained therein, including its truthfulness and accuracy.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Right to refusal of service

We reserve the right to refuse service to anyone for any reason at any time. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by un-authorized dealers, resellers or distributors.

Information in Communication

Any personally identifiable information in electronic communications to COUNTINGWELL is governed by COUNTINGWELL’s Privacy Policy. The Company and Website shall be free to use or copy all other information in any such communications, including any feedback, ideas, inventions, concepts, techniques or know-how disclosed therein, for any purposes. Such purposes may include disclosure to third parties and/or developing, manufacturing and/or marketing goods or services. The sender of any communications to COUNTINGWELL or otherwise to the owners of COUNTINGWELL shall be responsible for the content and information contained therein, including its truthfulness and accuracy.

Error, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

You may not access any data from COUNTINGWELL including but not limited to user information, usage, educational content, and any other information using any means without COUNTINGWELL's prior written consent.

Termination and Account Cancellation

If you breach any of these Terms, COUNTINGWELL will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. COUNTINGWELL reserves the right to revoke your access to and use of the Site, Application, Services and Content at any time, with or without cause. You may cancel your Account at any time by contacting us via the ‘Contact’ Page on COUNTINGWELL.

Restrictions and Non-compete

Your use of our products and services provided for herein is solely for your personal and non-commercial use. Any use of the web site content other than for personal purposes is prohibited. Your personal use of the web site and / or our services shall be subjected to the following restrictions:

i) You may not decompile, reverse engineer, or disassemble the programs, data or any contents of the web site and / or our products, or (c) remove any copyright, trademark registration, or other proprietary notices from the contents of the web site and/ our products. ii) You will not (a) use our product or service for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the web site and / or our products and services in any way that is unlawful, or harms COUNTINGWELL or any other person or entity as determined by COUNTINGWELL.

Communications from COUNTINGWELL

COUNTINGWELL may also contact the user through sms, email, instant messaging, social media and call to give notifications on various important updates. Therefore, User holds COUNTINGWELL non liable to any liabilities including financial penalties, damages, expenses in case the users mobile number is registered with Do not Call (DNC) database.

Injunctive relief

In the event of your breach of this Terms of Use, you agree that COUNTINGWELL will be irreparably harmed and will not have an adequate remedy in money or damages. COUNTINGWELL therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction immediately upon request. COUNTINGWELL’s right to obtain such relief shall not limit its right to obtain other remedies.

Contact

Questions about the Terms of Service should be sent to us at info@countingwell.com