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Terms and Conditions

What’s covered in these terms?

We know it’s tempting to skip these Terms of Service, but it’s important to establish what you can expect from us as you use Each Penny Counts services, and what we expect from you.

These Terms of Service reflect the way Each Penny Counts’s business works, the laws that apply to our company, and certain things we’ve always believed to be true.

As a result, these Terms of Service help define Each Penny Counts’s relationship with you as you interact with our services.

For example, these terms include the following topic headings:

Understanding these terms is important because, by using our services, you’re agreeing to these terms.

Besides these terms, we also publish a Privacy Policy. Although it’s not part of these terms, we encourage you to read it to better understand how you can update, manage, export, and Each Penny Counts delete your information.

These terms and conditions (“Terms”, “Agreement”) are an agreement between Website Operator (“Website Operator”, “us”, “we” or “our”) and you (“User”, “you” or “your”).

This Agreement sets forth the general terms and conditions of your use of Each Penny Counts website and any of its products or services (collectively, “Website” or “Services”).

Terms

Service provider

Each Penny Counts services are provided by, and you’re contracting with:

explicitdeal.com and sticktohealth.com, organized under the laws of the land, where these services are being used.

Age requirements

If you’re under the age required to manage your own Each Penny Counts Account, you must have your parent or legal guardian’s permission to use Each Penny Counts Account.

Please have your parent or legal guardian read these terms with you.

If you’re a parent or legal guardian, and you allow your child to use the services, then these terms apply to you and you’re responsible for your child’s activity on the services.

Each Penny Counts services have additional age requirements as described in their service-specific additional terms and policies.

Our relationship with Each Penny Counts

These terms help define the relationship between you and Each Penny Counts.

Broadly speaking, we give you permission to use our services if you agree to follow these terms, which reflect how Each Penny Counts’s business works and how we earn money.

When we speak of “Each Penny Counts”, “we,” “us,” and “our,” we mean Each Penny Counts LLC and its affiliates, excluding any local entities based in India.

What you can expect from us?

Provide a broad range of useful services

We provide a broad range of services that are subject to these terms, including:

Many of these services also include content that you can stream or interact with.

Our services are designed to work together, making it easier for you to move from one activity to the next.

For example, if your Calendar event includes an address, you can click on that address and Maps can show you how to get there.

Develop, improve, and update Each Penny Counts services

We’re constantly developing new technologies and features to improve our services.

For example, we use artificial intelligence and machine learning to provide you with simultaneous translations and to better detect and block spam and malware.

As part of this continual improvement, we sometimes add or remove features and functionalities, increase or decrease limits to our services, and start offering new services or stop offering old ones.

When a Service requires or includes downloadable software, that software sometimes updates automatically on your device once a new version or feature is available.

Some services let you adjust your automatic update settings.

If we make material changes that negatively impact your use of our services or if we stop offering a service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.

We’ll also provide you with an opportunity to export your content from your Each Penny Counts Account, subject to applicable law and policies.

What do we expect from you?

Follow these terms and service-specific additional terms

The permission we give you to use our services continues as long as you comply with:

We also make various policies, help centres, and other resources available to you to answer common questions and to set expectations about using our services.

These resources include our Privacy Policy, Copyright Help Center, Safety Center, and other pages accessible from our policies site.

Although we give you permission to use our services, we retain any intellectual property rights we have in the services.

Respect others

We want to maintain a respectful environment for everyone, which means you must follow these basic rules of conduct:

Our service-specific additional terms and policies provide additional details about appropriate conduct that everyone using those services must follow.

If you find that others aren’t following these rules, many of our services allow you to report abuse.

If we act on a report of abuse, we also provide the process described in the Taking action in case of problems section.

Permission to use your content

Some of our services are designed to let you upload, submit, store, send, receive, or share your content.

You have no obligation to provide any content to our services and you’re free to choose the content that you want to provide.

If you choose to upload or share content, please make sure you have the necessary rights to do so and that the content is lawful.

In case of problems or disagreements

Both the law and these terms give you the right to (1) a certain quality of service, and (2) ways to fix problems if things go wrong.

Warranty

We provide our services using reasonable skill and care. If we don’t meet the quality level described in this warranty, you agree to tell us and we’ll work with you to try to resolve the issue.

Disclaimers

The only commitments we make about our services (including the content in the services, the specific functions of our services, or their reliability, availability, or ability to meet your needs) are provided in (1) the Warranty section; (2) the service-specific additional terms; and (3) laws that can’t be limited by these terms.

Liabilities

For all users

Both the law and these terms try to strike a balance as to what you or Google can claim from the other in case of problems.

That’s why the law allows us to limit certain liabilities — but not others — under these terms.

These terms only limit our responsibilities as allowed by applicable law.

These terms don’t limit liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence or willful misconduct.

Other than the liabilities described above, Each Penny Counts is liable only for its breaches of these terms or applicable service-specific additional terms, subject to applicable law.

For business users and organizations only

If you’re a business user or organization:

Taking action in case of problems

Before taking action as described below, we’ll provide you with advance notice when reasonably possible, describe the reason for our action, and give you an opportunity to fix the problem, unless we reasonably believe that doing so would:

Of course, you’re always free to stop using our services at any time.

If you do stop using a service, we’d appreciate knowing why so that we can continue improving our services.

Settling disputes, governing law, and courts

For information about how to contact us, please contact us at info@eachpennycounts.com.

Rule of India will govern all disputes arising out of or relating to these terms, service-specific additional terms, or any related services, regardless of conflict of laws rules.

These disputes will be resolved exclusively in the federal or state courts of India and you and Each Penny Counts consent to personal jurisdiction in those courts.

To the extent that applicable local law prevents certain disputes from being resolved in an Indian court, then you can file those disputes in your local courts.

Likewise, if applicable local law prevents your local court from applying Indian law to resolve these disputes, then these disputes will be governed by the applicable local laws of your country, state, or another place of residence.

About these terms

By law, you have certain rights that can’t be limited by a contract like these terms of service. These terms are in no way intended to restrict those rights.

These terms describe the relationship between you and Google.

They don’t create any legal rights for other people or organizations, even if others benefit from that relationship under these terms.

We want to make these terms easy to understand, so we’ve used examples from our services.

But not all services mentioned may be available in your country.

If these terms conflict with the service-specific additional terms, the additional terms will govern for that service.

If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.

If you don’t follow these terms or the service-specific additional terms, and we don’t take action right away, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future.

We may update these terms and service-specific additional terms (1) to reflect changes in our services or how we do business — for example, when we add new services, features, technologies, pricing, or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.

If we materially change these terms or service-specific additional terms, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new service or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements.

If you don’t agree to the new terms, you can also end your relationship with us at any time.

Backups

We are not responsible for Content residing on the Website.

In no event shall we be held liable for any loss of any Content.

It is your sole responsibility to maintain an appropriate backup of your Content.

Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes.

We make no guarantee that the data you need will be available.

Links to other websites

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein.

Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, the Website Operator will receive an affiliate commission.

We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites.

We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties.

You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website 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.

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by Website Operator or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Website Operator.

All trademarks, service marks, graphics, and logos used in connection with our Website or Services are trademarks or registered trademarks of Website Operator or Website Operator licensors.

Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third parties.

Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Website Operator or third-party trademarks.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Website Operator, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of the content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Website’s Operator has been advised as to the possibility of such damages or could have foreseen such damages.

To the maximum extent permitted by applicable law, the aggregate liability of Website’s Operator and its affiliates, officers, employees, agents, suppliers, and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Website Operator for the prior one month period prior to the first event or occurrence giving rise to such liability.

The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Website Operator and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised, shall be applicable, and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable.

If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Delhi, India without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of India.

The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Delhi, India, and you hereby submit to the personal jurisdiction of such courts.

You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website.

When we do, we will revise the updated date at the bottom of this page.

Continued use of the Website after any such changes shall constitute your consent to such changes.

The policy was created with WebsitePolicies.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions.

By using the Website or its Services you agree to be bound by this Agreement.

If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the Contact Form or send an email to info@eachpennycounts.com