Terms and Conditions
By accessing, downloading, copying and/or using any software provided by WITS Consulting
Inc., you agree to the following Terms & Conditions:
Mindful software operates under the brand name “WITS Consulting” (We, Owner), configures branded native mobile software (App) for the general public through a dedicated platform iOS and Android.
This User “Terms and Conditions” or “Agreement” is a contract between you (“User”) and WITS Consulting Inc. We may amend this Agreement at any time by posting a revised version in the software. The revised version will be effective when posted or at the date specified. Please review the following terms carefully. By accessing or using the software, you signify your agreement to these Terms and Conditions.
The software is licensed, not sold. The Owner grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use for your personal non-commercial use. The rights granted herein are subject to your compliance with these terms and conditions. The software is being licensed to you and you hereby acknowledge that no title or ownership in the software is being transferred or assigned and these terms and conditions not to be construed as a sale of any rights in the software.
2. RESTRICTIONS OF USE AND COPYRIGHT
Unless the Owner has authorized you to distribute the software, you shall not make or distribute copies of the software or transfer the software from one device to another. You shall not decompile, reverse engineer, disassemble, include in other software, or translate the software, or use the software for any commercial purposes. You shall not modify, alter, change or otherwise make any modification to the software or create derivative works based upon the software. Youshall not rent, lease, resell, sub-license, assign, distribute or otherwise transfer the software or this license. Any attempt to do so shall be void and of no effect.
You acknowledge that no title to the intellectual property in the software is transferred to you. You further acknowledge that title and full ownership rights to the software will remain the exclusive property of the Owner, and you will not acquire any rights to the software. You shall not remove or obscure the Owner's copyright, trademark or other proprietary notices from any of the materials contained in this package or downloaded together with the software.
3. DISCLAIMER OF WARRANTY
The software/service is provided “AS IS”, without warranty of any kind. Without limiting the foregoing, we expressly disclaim all warranties, whether expressed, implied or statutory, regarding the services included without limitation any warranty of merchantability, fitness for a particular, title, security, accuracy and non-infringement Without limiting the foregoing, we make no warranties or representations that access to or operation of the software will be uninterrupted or error free. You assume all risk and responsibility of loss or damage from your downloading and use of the information, content or other material obtained from this software. Some jurisdictions limit or do not permit disclosure of warranty information so this may not apply to you.
4. LIMITATION OF LIABILITY
In no event shall we, our parent company, employees or our suppliers be liable for any losses, monetary or other, or any special, incidental or consequential damages arising out of or in connection with our mobile software, or this agreement (however arising, including negligence). Some provinces do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.
You agree to indemnify, defend and hold the Owner harmless from and against any and all damages, losses, and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the software pursuant to the terms of the EULA; or (ii) your breach of this EULA.
Licensee (as an indemnifying party) shall indemnify Licensor (as an indemnified party) against all losses and expenses, including reasonable attorneys fees, in connection with any proceeding arising out of Licensee's unauthorized customization, modification, or other alterations to the software, including claims that its customization, modification, or other alterations infringe a third party's Intellectual Property rights.
For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms and Conditions and agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about the mobile app upgrades or introducing news services and features. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message.
Opting out may prevent you from receiving messages regarding the software, the service or special offers, but you may continue to receive messages that are essential to the operation of the software, and, or service.
7. MEDICAL DISCLAIMER
The software is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen in this software. If you think you may have an emergency, call your doctor, go to the emergency department, or call emergency immediately.
8. TERMINATION/DEACTIVATION OF USER ACCOUNT
You may close your Account at any time by logging-in to your Account and Navigate yourself to “Settings” screen. Go to the “My Account” section and select “Delete Account”. Follow the instructions for account closure. Upon Account closure, we will delete any data that is stored in our database and this data will not be available once deleted.
If you do not log-in to your Account for one or more years, WITS Consulting Inc. reserves the right to close your Account and delete all your data from our secured database.
We reserve the right, at our sole discretion, to modify or replace these Terms & Conditions at any time. Any changes we may make in the future will be posted on this page. You should check this page from time to time and take note of any changes.
10. RESTRICTED ACTIVITIES
In connection with your use of the software in the course of your interactions with WITS
Consulting Inc. products, merchants, other users, or third parties, you will not:
Breach this Agreement or any other agreement or policy that you have agreed to with
WITS Consulting Inc.
Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising)
Infringe WITS Consulting Inc., or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy
Sell counterfeit version of our products
Act in a manner that is defamatory, trade libelous, threatening or harassing
Provide false, inaccurate or misleading information
Send or receive what we reasonably believe to be potentially fraudulent funds
Refuse to cooperate in an investigation or provide confirmation of your identity or any
Information you provide to us
Attempt to double-dip during the course of a dispute by receiving or attempting to
receive funds from both WITS Consulting and/or Mindful software
Control an Account that is linked to another Account that has engaged in any of these Restricted Activities
Disclose or distribute another User's Information (you obtain directly from that User) to a third-party, or use the Information for marketing purposes unless you receive the Users
Take any action that imposes an unreasonable or disproportionately large load on our
Facilitate any viruses, Trojan horses, worms or other computer programming routines
that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information
Use any robot, spider, other automatic device, or manual process to monitor or copy our software without our prior written permission express consent to do so
11. CONTACT US
Terms & Conditions effective from the time the application is installed