Terms and Conditions

Last Updated: May 23, 2022

These Terms & Conditions apply to the Count'd application including, without limitation, Count'd iOS app, Android app or web app (collectively, the "App"). As used in these Terms & Conditions, "Count'd ", "us", or "we" refers to Count'd FZ LLC. and its subsidiaries and affiliates.

YOUR USE OF THE APP IS GOVERNED BY THESE TERMS & CONDITIONS

BY ACCESSING OR OTHERWISE USING THE APP, YOU AGREE TO THESE TERMS & CONDITIONS IN THEIR ENTIRETY. Any person or entity who interacts with the App through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is deemed to be using the App and bound by these Terms & Conditions. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using all or any part of the App.

COUNTD FZ LLC maintains COUNTD.com Website ("Site"). The following are the terms of use that govern use of the Site ("Terms of Use"). By using the Site you expressly agree to be bound by these Terms of Use and the COUNTD.com privacy policy and to follow these Terms of Use and all applicable laws and regulations governing use of the Site. COUNTD FZ LLC reserves the right to change these Terms of Use at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. We will note when there are updates to the Terms of Use at the bottom of the Terms of Use. If you violate these Terms of Use, COUNTD FZ LLC may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you. 

LIMITED LICENCE. You are granted a limited, non-exclusive, revocable and non-transferable licence to utilise and access the Site pursuant to the requirements and restrictions of these Terms of Use. COUNTD FZ LLC may change, suspend, or discontinue any aspect of the Site at any time. COUNTD FZ LLC may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, licence, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part. 

1. SITE OPERATION:

United Arab Emirates is our Country of Domicile. COUNTD FZ LLC controls this Site from the U.A.E. COUNTD FZ LLC makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.

2. APPLICABLE LAW

The Laws of the United Arab Emirates shall govern the use of the Site and the Terms of Use, without regards to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E. 

3. MULTI-CURRENCY PRICED TRANSACTION,

the displayed price and currency selected by you, will be the same price and currency charged to the Card and printed on the Transaction Receipt. 

4. PURCHASES

COUNTD FZ LLC accepts payment by Visa or Mastercard debit and credit cards in AED for its products and services. All online purchases are also governed by the terms and conditions of respective merchant service providers. Please review respective merchant service provider’s user agreement and privacy policy before entering any transaction. Interpretation. These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorized officer of COUNTD FZ LLC. All refunds will be made onto the original mode of payment.

5. OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES

COUNTD FZ LLC will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not countryspecific

6. REPRESENTATIONS BY YOU

By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to COUNTD FZ LLC through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website. 

7. PERMITTED USE

You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorized by COUNTD FZ LLC to do so. You also agree not to deep- link to the site for any purpose, unless specifically authorized by COUNTD FZ LLC to do so. The content and software on this Site is the property of COUNTD FZ LLC. The cardholder must retain a copy of transaction records and Merchant policies and rules.

8. YOUR ACCOUNT

If you use COUNTD FZ LLC Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

9. CANCELLATION

You may cancel your subscription up to 2 hours after the subscription has been placed in order to get refunded. After receiving the first delivery, you can pause your subscription and resume it at a later date within one year of the subscription date.

10. DELIVERY POLICY

We will attempt to deliver your order as soon as possible. We reserve the right not to deliver: outside our designated delivery times; outside our delivery zone; in inclement weather or dangerous driving conditions; to minors; to customers in public establishments; or in those instances in which we believe our delivery would conflict with, compromise or affect our business. If we are unable to deliver your order because you provided an inaccurate address, you will be charged for your order, even if we are unable to deliver your order. If you request that your order be left at your door or another location, you will be charged, and we will have no further liability for loss of product, spoilage, theft, infestation or damage caused by others, for any delivery left in the specified location. If you request that your order be delivered to you personally and we are unable to locate you at the address provided, we will attempt to contact you by phone or SMS. If you are not at the designated location at the time of delivery and we are unable to contact you, you will be charged for your order.

11. THIRD PARTY DELIVERY SERVICE

You acknowledge that we use third party delivery services (collectively, the "Delivery Services"), to deliver your order. When you place your order with us, we will provide your name, address, contact information, including phone number, and information regarding your order to the Delivery Service so that they may deliver your order to you. In addition, we may provide other information to the Delivery Service, such as information regarding comments, reviews or ratings we receive from you regarding the Delivery Service to help improve the quality of their service.

12. OUT-OF-STOCK ITEMS

If you order an item that is not in stock, we will attempt to contact you to provide you with an opportunity to designate a replacement item. If a replacement item is not designated, the original item will be removed from your order and you will not be charged for it. If none of the items in your order are available, we will attempt to contact you to let you know that your order is being cancelled and will replace it with another item of your choice.

13. NO COMMERCIAL USE

This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain COUNTD FZ LLC’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. COUNTD FZ LLC will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site. 

14. LINKS AND SEARCH RESULTS

The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. COUNTD FZ LLC has no control over these sites or the content within them. COUNTD FZ LLC does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. COUNTD FZ LLC does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against COUNTD FZ LLC for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at SUPPORT@COUNTD.COM.

15. COPYRIGHT POLICY

COUNTD FZ LLC may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.

16. INTELLECTUAL PROPERTY

Although COUNTD FZ LLC is not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information and other materials made available to users through COUNTD FZ LLC’s system. The On- line Materials are COUNTD FZ LLC’s intellectual property, and are protected by U.S. and international intellectual property laws. The On-line Materials may not be copied or redistributed either in whole or in part without prior written consent of COUNTD FZ LLC, except as expressly and specifically permitted under these Terms of Use.

The On-line Materials are and will remain the exclusive property of COUNTD FZ LLC. All rights, titles and interests in and to the On-line Materials will be and remain vested solely in COUNTD FZ LLC. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the On- line Materials, or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants you the right, directly or indirectly, to use the On-line Materials to create a product for resale or to use the On-line Materials in any way that competes with COUNTD FZ LLC. 

You acknowledge and agree that COUNTD FZ LLC will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On- line Materials made by or for you. At COUNTD FZ LLC’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to COUNTD FZ LLC or perfect these rights, titles or interests in COUNTD FZ LLC’s name. DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES. COUNTD FZ LLC MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. COUNTD FZ LLC ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. COUNTD FZ LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF COUNTD FZ LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF COUNTD FZ LLC WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW. 

17. VIOLATION OF TERMS OF USE

You understand and agree that in COUNTD FZ LLC’s sole discretion, and without prior notice, COUNTD FZ LLC may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if COUNTD FZ LLC believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of COUNTD FZ LLC, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to COUNTD FZ LLC for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. COUNTD FZ LLC may release user information about you if required by law or subpoena. 

18. INDEMNITY

You agree to indemnify and hold COUNTD FZ LLC, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site, or your breach of the Terms of Use.

19. LICENCE GRANTED TO YOU.

By providing materials to COUNTD FZ LLC, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted COUNTD FZ LLC an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. COUNTD FZ LLC may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against COUNTD FZ LLC for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to COUNTD FZ LLC. Any communication or materials you send to COUNTD FZ LLC will be treated as non- confidential and non- proprietary and may be disseminated or used by COUNTD FZ LLC for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

20. ADVERTISING

The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. COUNTD FZ LLC is not responsible for the acts or omissions of any advertiser or sponsor.

21. SEVERABILITY

If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement. 

22. MEAL SUBSCRIPTION SERVICE

We offer weekly or monthly subscription plans in which you will receive a specified number of meals each day. The fees for your subscription plan will depend on the number of meals you specify and will be shown on the order page.

23. PRICES

All prices shown on the App are subject to change at any time without notice. The price available through the App reflects the price available at the current time, in your current market area, and supersedes any and all prior prices for any product or plan. We may offer promotional pricing, frequency discounts, incentive pricing, loyalty discounts and other alternative pricing structures for some or all of our subscription plans to some or all of our customers from time to time in our discretion. We reserve the right to discontinue, modify or extend such pricing in our discretion without prior notice to you.

24. REFUNDS

Count'd has no obligation to refund the funds. However, based on each situation refunds will be made onto the original mode of payment and will be processed within 10 to 45 days depends on the issuing bank of the credit card. Subscriber must detail the issue leading to the refund.

25. WEIGHT LOSS & HEALTH CLAIMS

Count'd provides information regarding its products for informational purposes only. Any weight loss and health results mentioned the Count’d product, whether by Count'd or others, are not guaranteed. Your results may vary considerably from those described through the App. You expressly acknowledge that Count'd does not make any express or implied claims or guarantees that you will achieve or maintain any specific results through your use of Count'd’s subscription service. Count'd does not refund any payments or agree to cancel your participation in a subscription plan based on your failure to achieve your desired results.

Count'd subscription plans are not medically-supervised. You should seek the advice of a physician or dietary consultant before starting any dietary program to ensure it is suitable for your specific dietary needs. Count'd does not suggest or represent that any of our programs have been approved for your individual use by a physician or other medical professional. In addition, Count'd does not guarantee the accuracy, completeness, or usefulness of any nutritional information of any subscription plan or adopt, endorse, or accept responsibility for the accuracy, completeness or usefulness of any nutritional information regarding any subscription plan.

26. DELIVERIES & FOOD SAFETY

You are responsible for inspecting all meals for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the meals you receive. 

27. CONTENT

All content included on the App is owned or licensed property of COUNTD FZ LLC or its licensors and is protected by copyright, trademark, patent, trade secret or other proprietary rights.

28. HEALTHCARE INFORMATION

IF THE APP INCLUDES HEALTHCARE OR NUTRITIONAL INFORMATION, THAT INFORMATION IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS.

29. CONTACT US

If you have any concerns, please contact us at support@Countd.com.