ColorfulOrator

A mindful impact to mind the mind

Terms and Conditions

By accessing and using the website located at www.colorfulorator.com ("Site") and any services provided via the Site ("Services"), you expressly, unambiguously, and unequivocally acknowledge and agree to be bound by these Terms & Conditions ("Terms"). These Terms constitute a legally binding agreement between you and Colorful Orator ("we", "our" or "us"), the exclusive owner and operator of the Site, and the provider of its mentioned neurocognitive services ("Services") for different age groups. If you do not agree to these Terms, you are prohibited from accessing or using the Site and Services, and you must immediately discontinue any use of the Site and Services.

Change Of Terms

We reserve all the rights, at its sole discretion, to modify, amend, or revise these Terms at any time, without prior notice or liability to users. Your continued access or use of the Site or Services following any such modifications constitutes your express, unambiguous, and unequivocal acknowledgment and acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates or changes.

Access And Use

Colorful Orator grants you a non-exclusive, non-transferable, revocable license to access and use the Site and Services strictly in accordance with these Terms, and solely for your personal, non-commercial purposes. You expressly, unambiguously, and unequivocally acknowledge and agree not to duplicate, reproduce, sell, resell, distribute, or exploit any portion of the Site or Services, or any content therein, without the express written permission from us. Any unauthorized use automatically terminates the license granted by us and may subject you to civil and/or criminal penalties.

User Accounts and Account Security

You are solely responsible for all activities that occur under your account and for maintaining the confidentiality and security of your account credentials. You expressly, unambiguously, and unequivocally acknowledge and agree to keep your account information accurate, complete, and up-to-date at all times. Failure to do so may result in the suspension or termination of your account and access to the Services. Colorful Orator shall not be liable for any loss, damage, or other consequences that may arise from your failure to maintain the security of your account or keep your account information accurate.

User Conduct

You expressly, unambiguously, and unequivocally agree to access and use the Site and Services in strict compliance with all applicable local, state, national, and international laws and regulations. Furthermore, you agree not to use the Site or Services in any manner that is harmful, harassing, defamatory, or otherwise detrimental to us, other users, or any third party. Any violation of this provision may result in immediate termination of your account and legal action against you.

User Content

Best Of Network, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Best Of Network will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Certain refund requests for Subscriptions may be considered by Best Of Network on a case-by-case basis and granted in sole discretion of Best Of Network.

User Content

If users can post content, you grant us a non-exclusive, royalty-free, transferable right to use, reproduce, distribute, create derivative works of, publicly display, publicly perform, and otherwise exploit such User Content on and through the Services.

Intellectual Property

All content, features, and functionality on the Site and Services, including but not limited to text, graphics, logos, icons, images, processes, systems, strategies, approaches, techniques and software, are the exclusive property of Colorful Orator or its licensors and are protected by applicable intellectual property laws, including copyright and trademark laws. You expressly, unambiguously, and unequivocally acknowledge and agree not to infringe upon, misappropriate, or otherwise violate our intellectual property rights, either directly or indirectly. Unauthorized use of any such content, features, or functionality may result in immediate termination of your account and legal action against you for infringement. By using the Site and Services, you hereby forfeit any and all rights to challenge or dispute this decision.

Payment Terms

If your use of the Services involves transactions, all payments are due immediately upon receipt of the invoice or as otherwise specified. You expressly, unambiguously, and unequivocally acknowledge and agree that full advance payment is to be paid for booking an appointment, and if a payment is not received, or if the payment method is declined for any reason, your appointment is not confirmed.

Full refund for any appointment cancellation is allowed only before 24 hours of the appointment with a free rescheduling option. Only 70% of the refund is done if the appointment is canceled within 24 hours of the appointment, and an additional fee of 200 Indian Rupees will be charged in case if You wish to reschedule the appointment within 24hrs of the appointment. In case of any missed appointment, there will be no refund, except that You are allowed, up to a maximum of seven (7) days, to reschedule a missed appointment for an additional fee of 500 Indian Rupees. In any case whatsoever, no more than 3 rescheduling of the appointment are allowed.

By using the Services, you hereby forfeit any and all rights to challenge or dispute this decision, and you understand that Colorful Orator reserves the right to pursue legal action for any paid and/or unpaid amounts.

Third-Party Links & Ads

Colorful Orator is not responsible for third parties or their content, advertisement(s), apps or sites ("Third-Party Links & Ads"). The inclusion of any link does not imply its endorsement by Colorful Orator.

Disclaimer of Warranties

The Site and the Services are provided on an "as is" and "as available" basis, without any warranties, representations, or guarantees of any kind, either express or implied, to the fullest extent permitted by applicable law. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. You expressly, unambiguously, and unequivocally acknowledge and agree that your use of the Site and Services is at your sole risk, and Colorful Orator shall not be liable for any damages, losses, or consequences arising from such use.

Limitation of Liability

To the fullest extent permitted by applicable law, Colorful Orator, its affiliates, and their respective directors, officers, employees, or agents, shall not be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, data, or other intangible losses. You expressly, unambiguously, and unequivocally acknowledge and agree that any such damages or losses resulting from the use or inability to use the Site or Services are not the responsibility of Colorful Orator. By using the Services, you hereby forfeit any and all rights to bring any claim or action against Colorful Orator related to such matters.

Indemnification

You expressly, unambiguously, and unequivocally agree to indemnify, defend, and hold harmless Colorful Orator, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to your use or misuse of the Site and Services, or your violation of this Agreement. This indemnification obligation will survive the termination of your account or your use of the Services.

Termination

Colorful Orator reserves all the rights, at its sole discretion, to terminate or suspend your access to the Site and Services at any time and for any reason, without prior notice or liability to you. You expressly, unambiguously, and unequivocally acknowledge and agree that upon such termination, your right to use the Site and Services will immediately cease, and you will forfeit any and all rights to challenge or dispute this decision.

Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of or in relation to these Terms, including the validity, invalidity, breach, or termination thereof, shall be resolved through final and binding arbitration, administered in accordance with the applicable arbitration rules, if initiated by you. You expressly, unambiguously, and unequivocally acknowledge and agree to be bound by this arbitration provision and forfeit any and all rights to bring any claim or action against Colorful Orator in any public court.

Notwithstanding the foregoing, Colorful Orator reserves all the rights, at its sole discretion, to initiate legal proceedings in a court of competent jurisdiction to seek injunctive or other equitable relief, or to protect its intellectual property rights. By using the Site or Services, you hereby forfeit any and all rights to challenge or dispute this decision.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles. Any dispute, controversy, or claim arising out of or in relation to these Terms, including any question regarding its existence, validity, or termination, shall be exclusively referred to and finally resolved by the courts located within the jurisdiction of Hyderabad, India. You expressly, unambiguously, and unequivocally acknowledge and agree to be bound by this jurisdiction clause and hereby forfeit any and all rights to challenge or dispute this decision in any other jurisdiction or forum.

Privacy

Your use of the Site and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our practices.

International Users

The Site and Services are controlled, operated, and administered by Colorful Orator from its offices within Hyderabad, India. If you access the Site or Services from a location outside of Hyderabad, India, you expressly, unambiguously, and unequivocally acknowledge and agree that you are solely responsible for compliance with all local, state, national, and international laws and regulations applicable to your location. Failure to comply with such laws may result in the termination of your access to the Services and may subject you to legal consequences.

Governing Law and Jurisdiction

Your use of the Site and Services is also governed by our Governing Law and Jurisdiction Policy, which is hereby incorporated into these Terms by reference. You expressly, unambiguously, and unequivocally acknowledge and agree to review and be bound by the Governing Law and Jurisdiction Policy to fully understand our practices and your obligations.

General

Should any provision of these Terms be deemed invalid, void, or unenforceable by a court or arbitration panel of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, while preserving its intent or, if that is not possible, severed from these Terms. In either case, such modification or severance shall not affect the validity or enforceability of the remaining provisions. You expressly, unambiguously, and unequivocally acknowledge, agree, and consent to be bound by this severability clause, and understand that the remaining provisions shall continue in full force and effect without being impaired or invalidated in any way. If you have any questions or concerns regarding these Terms, please reach us directly at +91 8866 553044.

Force Majeure

Colorful Orator shall not be held responsible or liable for any failure to perform or delay in performance of any part of the Services, due to unforeseen circumstances or causes beyond our reasonable control. This includes, but is not limited to, acts of God, war, riot, crime, terrorist attacks, embargoes, acts of civil or military authorities, widespread internet or utility outages, fire, floods, earthquakes, or extreme weather conditions ("Force Majeure Events"). You expressly, unambiguously, and unequivocally acknowledge and agree that in the event of a Force Majeure Event, Colorful Orator's obligations under these Terms may be suspended for the duration of such event without incurring any liability.

Entire Agreement

These Terms constitute the entire agreement between you and Colorful Orator concerning your use of the Site and Services, and supersede all prior or contemporaneous communications, agreements, or understandings, whether oral or written, relating to the subject matter of these Terms. You expressly, unambiguously, and unequivocally acknowledge and agree that no other agreements, promises, or representations, other than those stated in these Terms, have been made by Colorful Orator concerning the subject matter herein.

Notice

Colorful Orator may provide notices, announcements, or other communications to users through various means, including but not limited to posting on the Site, sending messages via the Services, WhatsApp messages, or emails to the contact information provided during registration. You expressly, unambiguously, and unequivocally acknowledge and agree to keep your contact information current and accurate. You further agree that Colorful Orator's chosen methods of communication are sufficient to meet any legal communication requirements, including but not limited to, any requirements for written notice.

Waiver

The failure of Colorful Orator to enforce any right or provision of these Terms at any time shall not constitute a waiver of such right or provision, nor shall it affect Colorful Orator's right to enforce such provision at a later time. You expressly, unambiguously, and unequivocally acknowledge and agree that any waiver of any provision of these Terms shall be effective only if it is in writing and duly signed by an authorized representative of Colorful Orator.

Language Versions

In the event of any discrepancy or inconsistency between translations of these Terms in different languages, the English version shall prevail.

User Responsibilities

You are solely responsible for all activities conducted through your account and for maintaining the confidentiality of your login credentials. You expressly, unambiguously, and unequivocally acknowledge and agree to immediately notify Colorful Orator of any unauthorized use of your account, or any other breach of security. Failure to do so may result in Colorful Orator taking appropriate actions, including but not limited to account suspension or termination, without any liability to you

Modification or Discontinuation of Services

Colorful Orator reserves the right, at its sole discretion, to modify, suspend, or discontinue any part of the Site or Services at any time and for any reason, without prior notice to you. You expressly, unambiguously, and unequivocally acknowledge and agree that Colorful Orator shall not be liable to you or any third party for any such modification, suspension, or discontinuation of the Site or Services.

Feedback and Suggestions

Any feedback, suggestions, or ideas provided by users to Colorful Orator regarding the Site, App or Services may be used by Colorful Orator without any obligation or compensation to the user.

No Agency or Partnership

These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and Colorful Orator.

User Consent for Data Processing

By using the Site and Services, you expressly, unambiguously, and unequivocally consent to the processing of your personal data in accordance with Colorful Orator's Privacy Policy. You acknowledge that you have read, understood, and agree to be bound by the terms of the Privacy Policy, which is incorporated herein by reference.

Cookies

We use "Cookies" to identify the areas of the Site that users have visited. A Cookie is a small piece of data stored on Your computer or mobile device by Your Web browser. We use Cookies to enhance the performance and functionality of the Site or Services but are non-essential to their use. However, without these cookies, certain functionality may become unavailable or users would be required to enter their login details every time they visit the Site as we would not be able to remember that user had logged in previously. Most Web browsers can be set to disable the use of Cookies. However, if users disable Cookies, they may not be able to access functionality on the Site correctly or at all. We never place Personally Identifiable Information in Cookies.