Website Terms Of Use

Last Revised: October 23, 2020

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SERVICES PROVIDED BY DEV ENTERPRISESTHROUGH COUNTMYVISITORS WEBSITE OR THROUGH THE COUNTMYVISITORS APP (TOGETHER REFERRED HEREINAFTER AS THE “PLATFORM”), YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES PROVIDED BY THE PLATFORM.

Eligibility

To be eligible for the CountMyVisitor Wallet membership, you should be competent to enter into a contract i.e. you should be above 18 years old, according to the Indian law. CountMyVisitors Wallet is not targeted towards, nor intended for use by anyone who has not attained the age of adulthood. Any person under the age of 18, may only use the CountMyVisitors under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.

This Site/ Application/ Services is/are operated /provided by Dev Enterprise.

These terms and conditions (“User Terms”) apply to Your use of the CountMyVisitors website or mobile app through a computer or a mobile phone, the Service and the Application, as well as to all information, recommendations and or services provided to You on or through the Site, the Service and the Application. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I ACCEPT” button, You are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE SITE. If You do not accept any of the User Terms, then please do not use the Site or avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND COUNTMYVISITORS IN RESPECT OF THE USE AND SERVICES OF THE SITE.

Your acceptance of the User Terms shall be deemed to include your acceptance of the privacy policy available at http://countmyvisitors.in/terms-and-conditions.html. By accepting these User Terms, you also allow CountMyVisitors to send you promotional emails and SMS alerts from time to time.

1. DEFINITIONS

All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:

(i) “Account” shall mean the account created by the Customer on the Application or website for availing the Services provided by CountMyVisitors.

(ii) “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.

(iii) “Application” shall mean the mobile application “CountMyVisitors” updated by CountMyVisitors from time to time.

(iv) Access Fee” shall mean the fee payable by the Customer to CountMyVisitors for the Service. The Convenience Fee shall be exclusive of all applicable taxes on the Convenience Fee, if any.

(v) “Customer/ You” means a person who has an Account on the Application.

(vi) “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of CountMyVisitors.

(vii) “CountMyVisitors” or “us” or “we” or “our” shall mean Dev Enterprise, a company incorporated under the provisions of the Companies Act, 1956 and having its corporate office at Lucknow, UP, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.

(viii) “Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by CountMyVisitorsfrom the Customer from time to time for registration on the Application.

(ix) “Service(s)” means the facilitation of meeting service by CountMyVisitors through the Application .

(x) “Site” shall mean the Application and the website http://www.CountMyVisitors.com/ operated by Dev Enterprises or any other software that enables the use of the Application or such other URL as may be specifically provided by Dev Enterprises.

(xi) “T&Cs” and “User Terms” shall mean these Customer terms and conditions.

2. ELIGIBILITY

You will be “Eligible” to use the Services only when You fulfil all of the following conditions: (i) You have attained at least 18 (eighteen) years of age. (ii) You are competent to enter into a contract under the Applicable Laws.

If You reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, You must abide by such age limits.

3. REGISTRATION AND ACCOUNT

3.1 You understand and acknowledge that You can register on the Site only after complying with the requirements of this Clause 3 and by entering Your Registration Data.

3.2 You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.

3.3 You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.

3.4 We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.

3.5 Except for the Registration Data or any other data submitted by You during the use of any other service offered through Site (“Permitted Information”), CountMyVisitors does not want You to, and You should not, send any confidential or proprietary information to CountMyVisitors on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to CountMyVisitors other than the Permitted Information will not be considered confidential or proprietary.

3.6 It is Your responsibility to check to ensure that You download the correct application for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.

3.7 We allow You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach Us.

3.8 In case, You are unable to access Your Account, please inform Us and make a written request for blocking Your Account. We will not be liable for any unauthorised transactions made through Your Account prior to the expiry of 72 (seventy-two) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.

4. SERVICES

4.1. The Site permits you to avail the meeting or visiting services offered by Various Bodies such as but not limited to Shop Owners/ Mall Managements/ Government Officers/ Business Executives/ Hospitals and so forth. The Service allows You to share your visit and can also use to send a request through CountMyVisitors on the CountMyVisitors network.

4.2. CountMyVisitorsshallallow your receiver to record your visit and if any decision like acceptance or rejection of the meeting has to be taken, receiver will do it. Decision lies beyond the scope of CountMyVisitors .

4.3. By using the Application or the Service, You further agree that: (i) You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party; (ii) You will not use an account that is subject to any rights of a person other than You without appropriate authorization; (iii) You will not use the Service or Site for unlawful purposes; (iv) You will not try to harm the Service, Site or our network in any way whatsoever; (v) You will provide CountMyVisitorswith such information and documents which CountMyVisitorsmay reasonably request; (vi) You will only use an authorized network to avail the Service; (vii) You are aware that when requesting Services, whether by message, via Site or calling the call center of CountMyVisitors, standard messaging charges, data charges, voice charges, as applicable, of the Your and Our phone network service providers, will apply; (viii) You will comply with all Applicable Law from Your country of domicile and residence and the country, state and/or city in which You are present while using the Site or Service; and (ix) You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.

4.4. CountMyVisitorsreserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements. Further, CountMyVisitorswill store the information provided by You or record your calls for contacting You for all Service related matters. You shall promptly inform CountMyVisitorson any change in the information provided by You.

4.5. CountMyVisitorsor an authorised representative of CountMyVisitors, shall provide information regarding services, discounts and promotions provided by CountMyVisitors to You by way of an SMS or email to Your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, You may at any point of time visit the specific link provided in the Site to discontinue the same.

4.6. COUNTMYVISITORS WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE OR TRANSFER YOUR INFORMATION IN A SERVER OUTSIDE INDIA OR THE COUNTRY WHERE YOU ARE LOCATED IN ORDER TO PERFORM COUNTMYVISITORS OBLIGATIONS UNDER THESE CUSTOMER T&C.

4.7. You agree to grant CountMyVisitorsa non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT COUNTMYVISITORSTO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.

4.8. You agree and permit CountMyVisitorsto share any information provided by You with third parties in order to facilitate provision of certain value-added services offered by such third parties to You and/or to provide certain value-added services to You by CountMyVisitors. You hereby expressly consent to receive communications from CountMyVisitors/ third parties offering value-added services to You through Your registered phone number and/or e-mail id and/or the Site. You agree that You will not hold CountMyVisitorsresponsible for any such communications received from third parties, nor will any such communication amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.

4.9. CountMyVisitorswill be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, You will be provided with the services by CountMyVisitorsjointly and/or severally with the party/ies in joint venture. You hereby give Your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.

4.10. CountMyVisitors bears no responsibility and liability for data and losses thereof suffered by You or caused to You as a consequence of the breakdown of the CountMyVisitors app during any point of time.

6. PAYMENT

6.1. CountMyVisitorsshall charge Convenience Fee or Access Fee for the Service which shall be determined and amended at the sole and absolute discretion of CountMyVisitors. The Convenience Fee or Access Fee shall be payable by you to CountMyVisitorsand shall be informed to you before your 30 days initial use of app expires

6.2. Every User will get 30 days of exploration of CountMyVisitors App free of cost. However CountMyVisitors may ask for the payment details without charging anything – at its sole discretion.

6.3. CountMyVisitors may withdraw any offer at any time without prior informing its users and CountMyVisitors offers no liability of any kind if offers don’t get availed due to any error beyond CountMyVisitors control.

6.4. You shall be required to pay regular fees as and when applicable. In absence of fees CountMyVisitors reserve the right to keep of delete the data of the User- no obligation therefore lies with CountMyVisitors at any time.

6.5. You shall be required to pay additional fees if any customized report needed. All payments will be done in 100% for such requests.

6.8. CountMyVisitorsshall provide a receipt of all the Fee payable by You at any time, however, separate invoices raised can be raised for Additional Fee, and the Convenience Fee or Access Fee raised by CountMyVisitors shall be provided to You on request. You may raise a request for a copy of the invoices from our Support page.

6.9. All applicable taxes in respect of the Fare, Convenience Fee, Additional Fee shall be borne and payable by You to the CountMyVisitors, as the case may be. There won’t be any cancellation of services at any time once payment has been made. All refunds will be at sole discretion of CountMyVisitors or Dev Enterprises.

6.10. You shall choose to pay for the Service Fee by either of the following four methods: (i) Cash payment: Cash payment to the designated persons appointed by CountMyVisitors. (ii) E-Wallet payment: CountMyVisitorsoffers You the facility of making an online payment through an E-Wallet powered by a third party payment processor (“Payment Processor”). The processing of payments, in connection with Your use of the E-Wallet will be subject to the terms, conditions, and privacy policies of the Payment Processor that CountMyVisitorsengages for the purpose. CountMyVisitorswill not be responsible for any errors by the Payment Processor in any manner. It is clarified that all PGs whose services are utilized for the purposes of the Site and/or Application and/or Services shall be PCI-DSS (Payment Card Industry – Data Security Standard) compliant. Your authorization permits the PG to debit or credit the bank account associated with Your payment details. Your authorization further permits the PG to use Your Card Details for the processing of transactions initiated by You at any of CountMyVisitors’s affiliates. Your authorization will remain in effect as long as You maintain an Account with Us. In the event You delete Your Card Details with the PG or if You delete Your Account, the PG will not process any further transactions initiated by You at the Site or Application and at the sites of any of CountMyVisitors’s affiliates. Your authorization under this clause is subject to any other terms and conditions of the PG.

6.11. Any payment related issue, except when such issue is due to an error or fault in the Site, shall be resolved between You and the Payment Processor. CountMyVisitorsshall not be responsible for any unauthorized use of Your E-Wallet during or after availing the Services on the Site.

7. CANCELLATION POLICY

7.1As of today there is no cancellation policy.

8. USER VIOLATION OF USER TERMS

8.1. You are expected to use the Application within legal framework. Any illegal access will terminate your account and legal action can be initiated against you accordingly

9. CUSTOMER RELATIONSHIP MANAGEMENT

9.1. All issues, opinions, suggestions, questions and feedback while availing our Services shall be communicated to us through email address.

9.2. Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue will not be addressed.

9.3. Any issue reported on channels other than the above may be addressed by CountMyVisitorsonly on a best-effort basis. CountMyVisitorstakes no liability for inability to get back on other channels.

9.4. CountMyVisitorsshallendeavour to respond to Your issues within 2 (two) working days of Your reporting the same and endeavour to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, CountMyVisitorsshall not be liable for any damages or losses in the event You are not satisfied with any such resolution.

10. FORCE MAJEURE

10.1 We shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.

11. INDEMNIFICATION

11.1 By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold CountMyVisitors, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party, or (c) Your use or misuse of the Application or Service.

12. LIABILITY

12.1. The information, recommendations and/or Services provided to You on or through the Site, the Application and CountMyVisitorscall center are for general information purposes only and does not constitute advice. CountMyVisitors will reasonably keep the Site and its contents correct andup to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.

12.2. CountMyVisitorsshall not be liable for any loss of meeting schedule or any other data as the Service is dependent on many factors not in CountMyVisitors ‘s control.

13. APPLICATION LICENSE

13.1. Subject to Your compliance with these User Terms, CountMyVisitorsgrants You a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Site.

13.2. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Site in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Site, or (c) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Site, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.

13.3. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violativeof third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks.

13.4. CountMyVisitorswill have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. CountMyVisitorsmay involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that CountMyVisitorshas no obligation to monitor Your access to or use of the Site, Service or Posted Content, but has the right to do so for the purpose of operating the Site and Service, to ensure Your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. CountMyVisitors reserves the right, at any time and without prior notice, to remove or disable access to any content that CountMyVisitors, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site, the Service or Application.

14. CONTENT POSTED BY CUSTOMERS

14.1. CountMyVisitorsmay accept posting of any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Site (“Posted Content”) by You. You represent that You have obtained all permissions and consents required to post the Posted Content and such Posted Content complies with all requirements of the Posted Content. CountMyVisitorsshall not in any manner be responsible for or endorse the Posted Content.

14.2. You agree that when posting Posted Content, You will not:

(i) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information.
(ii) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents.
(iii) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
(iv) Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages.
(v) Conduct or forward surveys, contests, pyramid schemes or chain letters.
(vi) Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner.
(vii) 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.
(viii) Deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature.
(ix) Restrict or inhibit any other user from using and enjoying the Site.
(x) Violate any code of conduct or other guidelines which may be applicable for any particular Posted Content.
(xi) Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
(xii) Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(xiii) Violate any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.

15. INTELLECTUAL PROPERTY OWNERSHIP

15.1. CountMyVisitorsla alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to (i) the Site, Application, product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or (iii) other information provided by You or any other party relating to the Site, Application or the Service. Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectualproperty, You need to get permission directly from the owner of the intellectual property for any use.

15.2. These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by CountMyVisitors. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.

15.3. You may use information on the Site purposely made available by CountMyVisitorsfor downloading from the Site, provided that You:
(i) do not remove any proprietary notice language in all copies of such documents and make no modifications to the information; (ii) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or (iii) do not make any additional representations or warranties relating to such information.

16. LINKS

16.1. If permitted by CountMyVisitors, You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Us. You must not use on Your site or in any other manner any CountMyVisitorstrademarks or service marks or any Content belonging to CountMyVisitorsand appearing on the Site, including any logos or characters, without our express written consent. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Site without our prior written consent.

17. TERM AND TERMINATION OF LICENSE AGREEMENT

17.1. Unless terminated in accordance with this Clause 17, the agreement between CountMyVisitorsand You is perpetual in nature upon downloading the Application and for each Ride booked through the Site.

17.2. You are entitled to terminate the agreement at all times by deletion of Your Account, thus disabling the use by You of the Site. You can close Your Account at any time by following the instructions on the Site.

17.3. CountMyVisitorsis entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Site and the Service) if You: (a) violate or breach any term ofthese User Terms, or (b) in the opinion of CountMyVisitors, misuse the Application or the Service. CountMyVisitorsis not obliged to give notice of the termination of the agreement in advance. After termination CountMyVisitors will give notice thereof in accordance with these User Terms.

17.4. Termination of this agreement will not prejudice accrued rights of either CountMyVisitorsor You.

17.5. Clauses 11 (Indemnification), 12 (Liability), 13 (Application License), 14 (Contents posted on Site/ Application), 15 (Intellectual Property Ownership), 17 (Term and Termination), 22 (Notice) and 24 (Applicable Law and Dispute Resolution) and such other provisions which are intended to survive the termination, shall survive the expiry/termination of these User Terms in accordance with their terms.

18. INVALIDITY OF ONE OR MORE PROVISIONS

18.1. The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.

19. CONFLICT

Conflit In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between You and CountMyVisitors, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.

20. DISCLAIMER

20.1. You agree that CountMyVisitorsis merely an electronic platform to facilitate count visitors or help in arranging meetings and does not in any manner provide guarantee of visitors or affirmation wrt meetings. CountMyVisitorsdoes not endorse, advertise, advise or recommend You to avail the Services of any shop/mall or government or corporate department. CountMyVisitorsalso does not guarantee or provide assurance in respect of the behaviour, actions or data of the users posted on the Site.

20.2. We do not authorize anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us.

20.3. CountMyVisitorsand their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your relianceupon the Service or the information contained upon the Site (whether arising from CountMyVisitorsor any other person's negligence or otherwise).

20.4. This Site, Application and all content on the Site and the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Site and/or Application, that Your access of the Site and/or Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Site and/or Application, and that CountMyVisitorsshall not be liable for any damages of any kind related to Your access and use of this Site and/or Application.

20.5. All images, audio, video and text in the Site and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.

21. MODIFICATION OF THE SERVICE AND USER TERMS

21.1. CountMyVisitors reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Application at any time.

21.2. CountMyVisitors shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. You can determine when CountMyVisitors last modified the User Terms by referring to the “Last Updated” legend above. It shall be Your responsibility to check these User Terms periodically for changes. CountMyVisitors may require You to provide Your consent to the updated User Terms in a specified manner prior to any further use of the Site and the Services. If no such separate consent is sought, Your continued use of the Site, following the changes to the User Terms, will constitute Your acceptance of those changes. Your use of the Site and the Services is subject to the most current version of the User Terms made available on the Site at the time of such use.

22. NOTICE

22.1. CountMyVisitorsmay give notice by means of a general notice on the Service or Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in CountMyVisitors’s account information.

22.1. You shall not assign Your rights under these User Terms without prior written approval of CountMyVisitors.CountMyVisitorscan assign its rights under the User Terms to any affiliate.

25. APPLICABLE LAW AND DISPUTE RESOLUTION

These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of CountMyVisitorsas CountMyVisitorsmay designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by CountMyVisitorsand You. The place of the arbitration shall be Lucknow, UP, unless otherwise mutually agreed by CountMyVisitorsand You in writing. Subjectto the above, any Dispute will be subject to the exclusive jurisdiction of courts in Lucknow, UP.