Terms and condition
LAST REVISION: 14th July 2024
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the \\\"Agreement\\\") governs your use of this website, https://excelabacuskidz.com(the \\\"Website\\\"), Excel Abacus Kidz (\\\"Business Name\\\") offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Excel Abacus Kidz reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Excel Abacus Kidz will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Excel\\r\\nAbacus Kidz encourages you to review this Agreement whenever you visit\\r\\nthe Website to make sure that you understand the terms and conditions governing\\r\\nuse of the Website. This Agreement does not alter in any way the terms or\\r\\nconditions of any other written agreement you may have with Excel Abacus Kidz for\\r\\nother products or services. If you do not agree to this Agreement (including\\r\\nany referenced policies or guidelines), please immediately terminate your use\\r\\nof the Website. If you would like to print this Agreement, please click the\\r\\nprint button on your browser toolbar.
\\r\\n\\r\\nI.\\r\\nPRODUCTS
Terms of Offer. This Website offers for\\r\\nsale of certain products (the \\\"Products\\\"). By placing an order for\\r\\nProducts through this Website, you agree to the terms set forth in this\\r\\nAgreement.
Customer Solicitation: Unless you notify our\\r\\nthird party call center reps or direct Excel\\r\\nAbacus Kidz sales reps, while they are calling you, of your desire to\\r\\nopt out from further direct company communications and solicitations, you are\\r\\nagreeing to continue to receive further emails and call solicitations Excel Abacus Kidz and its designated in house or\\r\\nthird party call team(s).
Opt Out Procedure: We provide 2 easy ways to opt out of from future solicitations.
Proprietary Rights. Excel Abacus Kidz has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Excel Abacus Kidz. Excel Abacus Kidz also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.
II. WEBSITE
Content; Intellectual\\r\\nProperty. In addition to making Products available, To the extent that Excel Abacus Kidz does create the\\r\\ncontent on this Website, such content is protected by intellectual property\\r\\nlaws of the India, foreign nations, and international bodies. Unauthorized use\\r\\nof the material may violate copyright, trademark, and/or other laws. You\\r\\nacknowledge that your use of the content on this Website is for personal,\\r\\nnoncommercial use. Any links to third-party websites are provided solely as a\\r\\nconvenience to you. Excel\\r\\nAbacus Kidz does not endorse the contents on any such third-party\\r\\nwebsites. Excel Abacus Kidz is not responsible for the content of or any damage\\r\\nthat may result from your access to or reliance on these third-party websites.\\r\\nIf you link to third-party websites, you do so at your own risk.
\\r\\n\\r\\nUse of Website; Excel Abacus Kidz is not\\r\\nresponsible for any damages resulting from use of this website by anyone. You\\r\\nwill not use the Website for illegal purposes. You will (1) abide by all\\r\\napplicable local, state, national, and international laws and regulations in\\r\\nyour use of the Website (including laws regarding intellectual property), (2)\\r\\nnot interfere with or disrupt the use and enjoyment of the Website by other\\r\\nusers, (3) not resell material on the Website, (4) not engage, directly or\\r\\nindirectly, in transmission of \\\"spam\\\", chain letters, junk mail or\\r\\nany other type of unsolicited communication, and (5) not defame, harass, abuse,\\r\\nor disrupt other users of the Website
\\r\\n\\r\\nLicense. By using this Website, you are\\r\\ngranted a limited, non-exclusive, non-transferable right to use the content and\\r\\nmaterials on the Website in connection with your normal, noncommercial, use of\\r\\nthe Website. You may not copy, reproduce, transmit, distribute, or create\\r\\nderivative works of such content or information without express written\\r\\nauthorization from Excel Abacus Kidz or\\r\\nthe applicable third party (if third party content is at issue).
\\r\\n\\r\\nPosting. By posting,\\r\\nstoring, or transmitting any content on the Website, you hereby grant Excel\\r\\nAbacus Kidz a perpetual, worldwide, non-exclusive, royalty-free, assignable,\\r\\nright and license to use, copy, display, perform, create derivative works from,\\r\\ndistribute, have distributed, transmit and assign such content in any form, in\\r\\nall media now known or hereinafter created, anywhere in the world. Excel Abacus\\r\\nKidz does not have the ability to control the nature of the user-generated\\r\\ncontent offered through the Website. You are solely responsible for your\\r\\ninteractions with other users of the Website and any content you post. Excel\\r\\nAbacus Kidz is not liable for any damage or harm resulting from any posts by or\\r\\ninteractions between users. Excel Abacus Kidz reserves the right, but has no\\r\\nobligation, to monitor interactions between and among users of the Website and\\r\\nto remove any content Excel\\r\\nAbacus Kidz deems objectionable.
\\r\\n\\r\\nIII.\\r\\nDISCLAIMER OF WARRANTIES
\\r\\n\\r\\nYOUR USE OF THIS WEBSITE AND/OR PRODUCTS\\r\\nARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN \\\"AS\\r\\nIS\\\" AND \\\"AS AVAILABLE\\\" BASIS. EXCEL\\r\\nABACUS KIDZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER\\r\\nEXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF\\r\\nMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH\\r\\nRESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE\\r\\nWEBSITE CONTENT OR PRODUCTS. (\\\"PRODUCTS\\\" INCLUDE TRIAL PRODUCTS.)
\\r\\n\\r\\nWITHOUT LIMITING THE GENERALITY OF THE\\r\\nFOREGOING, EXCEL ABACUS KIDZ MAKES NO WARRANTY:
\\r\\n\\r\\nTHAT THE INFORMATION PROVIDED ON THIS\\r\\nWEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
\\r\\n\\r\\nNO ADVICE OR INFORMATION, WHETHER ORAL\\r\\nOR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT\\r\\nEXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED\\r\\nFROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
\\r\\n\\r\\nREGARDING ANY PRODUCTS PURCHASED OR\\r\\nOBTAINED THROUGH THE WEBSITE.
\\r\\n\\r\\nSOME JURISDICTIONS DO\\r\\nNOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS\\r\\nMAY NOT APPLY TO YOU.
\\r\\n\\r\\nIV.\\r\\nLIMITATION OF LIABILITY
\\r\\n\\r\\nEXCEL ABACUS KIDZ ENTIRE\\r\\nLIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH\\r\\nRESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS\\r\\nAGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING,\\r\\nFOR PRODUCTS PURCHASED VIA THE WEBSITE.
\\r\\n\\r\\nEXCEL\\r\\nABACUS KIDZ WILL\\r\\nNOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL\\r\\nDAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER,\\r\\nINCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE\\r\\nWEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR\\r\\nCONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH\\r\\nTHE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
\\r\\n\\r\\nSOME JURISDICTIONS DO\\r\\nNOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR\\r\\nCONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
\\r\\n\\r\\nV. INDEMNIFICATION
\\r\\n\\r\\nYou will release,\\r\\nindemnify, defend and hold harmless Excel Abacus Kidz, and any of its contractors, agents,\\r\\nemployees, officers, directors, shareholders, affiliates and assigns from all\\r\\nliabilities, claims, damages, costs and expenses, including reasonable\\r\\nattorneys\\\' fees and expenses, of third parties relating to or arising out of\\r\\n(1) this Agreement or the breach of your warranties, representations and\\r\\nobligations under this Agreement; (2) the Website content or your use of the\\r\\nWebsite content; (3) the Products or your use of the Products (including Trial\\r\\nProducts); (4) any intellectual property or other proprietary right of any\\r\\nperson or entity; (5) your violation of any provision of this Agreement; or (6)\\r\\nany information or data you supplied to Excel Abacus Kidz. When Excel Abacus Kidz is\\r\\nthreatened with suit or sued by a third party, Excel Abacus Kidz may seek\\r\\nwritten assurances from you concerning your promise to indemnify Excel Abacus Kidz; your\\r\\nfailure to provide such assurances may be considered by Excel Abacus Kidz to be\\r\\na material breach of this Agreement. Excel Abacus Kidz will have the right to participate in any\\r\\ndefense by you of a third-party claim related to your use of any of the Website\\r\\ncontent or Products, with counsel of Excel Abacus Kidz choice at its expense. Excel\\r\\nAbacus Kidz will reasonably cooperate in any defense by you of a third-party\\r\\nclaim at your request and expense. You will have sole responsibility to defend Excel\\r\\nAbacus Kidz against any claim, but you must receive Excel Abacus Kidz prior\\r\\nwritten consent regarding any related settlement. The terms of this provision\\r\\nwill survive any termination or cancellation of this Agreement or your use of\\r\\nthe Website or Products.
\\r\\n\\r\\nVI.\\r\\nPRIVACY
\\r\\n\\r\\nExcel Abacus Kidz believes\\r\\nstrongly in protecting user privacy and providing you with notice of Excel Abacus Kidz \\\'s use of data. Please refer to Excel Abacus Kidz privacy policy,\\r\\nincorporated by reference herein, that is posted on the Website.
\\r\\n\\r\\nVI.\\r\\nAGREEMENT TO BE BOUND
\\r\\n\\r\\nBy using this Website\\r\\nor ordering Products, you acknowledge that you have read and agreed to be bound\\r\\nby this Agreement and all terms and conditions on this Website.
\\r\\n\\r\\nVIII.\\r\\nGENERAL
\\r\\n\\r\\nForce Majeure. Excel\\r\\nAbacus Kidz will not be deemed in default hereunder or held\\r\\nresponsible for any cessation, interruption or delay in the performance of its\\r\\nobligations hereunder due to earthquake, flood, fire, storm, natural disaster,\\r\\nact of God, war, terrorism, armed conflict, labor strike, lockout, pandemic or boycott.
\\r\\n\\r\\nCessation of Operation. Excel Abacus Kidz may at any time, in its sole\\r\\ndiscretion and without advance notice to you, cease operation of the Website\\r\\nand distribution of the Products.
\\r\\n\\r\\nEntire Agreement. This Agreement\\r\\ncomprises the entire agreement between you and Excel\\r\\nAbacus Kidz and supersedes any prior agreements pertaining to the\\r\\nsubject matter contained herein.
\\r\\n\\r\\nEffect of Waiver. The failure of Excel Abacus Kidz to exercise or enforce any\\r\\nright or provision of this Agreement will not constitute a waiver of such right\\r\\nor provision. If any provision of this Agreement is found by a court of\\r\\ncompetent jurisdiction to be invalid, the parties nevertheless agree that the\\r\\ncourt should endeavor to give effect to the parties\\\' intentions as reflected in\\r\\nthe provision, and the other provisions of this Agreement remain in full force\\r\\nand effect.
\\r\\n\\r\\nGoverning Law; Jurisdiction. This Website originates from\\r\\nthe Bangalore, Karnataka, INDIA. This Agreement will be governed by the laws of the\\r\\nState of Karnataka without regard to its conflict of law principles to the\\r\\ncontrary. Neither you nor Excel Abacus Kidz will\\r\\ncommence or prosecute any suit, proceeding or claim to enforce the provisions\\r\\nof this Agreement, to recover damages for breach of or default of this\\r\\nAgreement, or otherwise arising under or by reason of this Agreement, other\\r\\nthan in courts located in State of Karnataka. By using this Website or ordering Products, you\\r\\nconsent to the jurisdiction and venue of such courts in connection with any\\r\\naction, suit, proceeding or claim arising under or by reason of this Agreement.\\r\\nYou hereby waive any right to trial by jury arising out of this Agreement and\\r\\nany related documents.
\\r\\n\\r\\nStatute of Limitation. You agree that\\r\\nregardless of any statute or law to the contrary, any claim or cause of action\\r\\narising out of or related to use of the Website or Products or this Agreement\\r\\nmust be filed within one (1) year after such claim or cause of action arose or\\r\\nbe forever barred.
\\r\\n\\r\\nWaiver of Class Action Rights. BY\\r\\nENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY\\r\\nHAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR\\r\\nSIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR\\r\\nCONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
\\r\\n\\r\\nTermination. Excel\\r\\nAbacus Kidz reserves the right to terminate your access to the\\r\\nWebsite if it reasonably believes, in its sole discretion, that you have\\r\\nbreached any of the terms and conditions of this Agreement. Following\\r\\ntermination, you will not be permitted to use the Website and Excel Abacus Kidz may, in its sole discretion\\r\\nand without advance notice to you, cancel any outstanding orders for Products.\\r\\nIf your access to the Website is terminated, Excel\\r\\nAbacus Kidz reserves the right to exercise whatever means it deems\\r\\nnecessary to prevent unauthorized access of the Website. This Agreement will\\r\\nsurvive indefinitely unless and until Excel\\r\\nAbacus Kidz chooses, in its sole discretion and without advance notice to you,\\r\\nto terminate it.
\\r\\n\\r\\nBY\\r\\nUSING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
\\r\\n\\r\\n