Overview
Welcome to COUNTINGWELL. If you continue to browse our website or use the COUNTINGWELL app 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 the products, apps and services offered by 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 services, website and
app will be hereinafter referred to as ILLUMINATI.
The term 'you' refers to the user/viewer of our website, the COUNTINGWELL app and its allied products
and services.
The term COUNTINGWELL refers to the Countingwell.com website, app and its allied services and
products.
The use of COUNTINGWELL, app and the products purchased on COUNTINGWELL is subject to the following
terms of use:
COUNTINGWELL offers the countingwell.com website and iOS and Android apps, 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.
