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All information
posted on www.healthpluswealth.net,
including but not limited to, the information, terms, conditions and
descriptions that appear, are provided on an "AS IS" and "AS
AVAILABLE" basis and are without any warranty or guarantee or undertaking
by FB India Marketing or M/S FB India Marketing .
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FB INDIA MARKETING,
shall in no event be liable for inability/default under any applicable law(s),
including those relating to Contract, Torts, Consumer Protection or any Civil
or Criminal Laws, if it fails to provide the Services made available through
www.healthpluswealth.net due to any government restrictions or
regulations or any unforeseen circumstances not within the reasonable control
of FB INDIA MARKETING including strikes, war, natural calamities, acts of God
or other events of force majeure.
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All communications
between You and FB INDIA MARKETING will be deemed to have occurred during the
corresponding Indian Standard Time ("IST").
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FB INDIA MARKETING
reserves every right to update or modify this Disclaimer policy from time to
time. Such modifications shall be reflected in the Amendments posted on
www.healthpluswealth.net from time to time.
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No representation or
warranty, direct or implied, is made as to the accuracy, correctness or
completeness of any information contained in this Disclaimer Policy or on
www.healthpluswealth.net and the same is subject to errors and
omissions. All such information must be independently verified by You and You
shall defend, indemnify and hold harmless FB INDIA MARKETING against all claims
in this regard.
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Not all products and
Services are available in all geographical areas. Eligibility of the
Beneficiary for particular products and Services as offered through
www.healthpluswealth.net from time to time is subject to the sole discretion of
FB INDIA MARKETING.
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All contents
included on
www.healthpluswealth.net are the property of FB INDIA MARKETING and are
protected by international copyright laws. Any copying, unless expressly agreed
to by FB INDIA MARKETING in writing in accordance with Clause 8 below, whether
for commercial purposes or otherwise shall be unauthorized and is prohibited
and would be in violation of intellectual property rights of FB INDIA
MARKETING. FB INDIA MARKETING reserves the right to initiate such
proceedings/actions as may be necessary to protect its intellectual property
rights.
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www.healthpluswealth.net
or any portion thereof shall not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose without
express written consent of FB INDIA MARKETING, which may be given or withheld
at the sole discretion of FB INDIA MARKETING. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of FB INDIA
MARKETING or its affiliates without express written consent of FB INDIA
MARKETING, which may be given or withheld at the sole discretion of FB INDIA
MARKETING. You shall not use any meta tags or any other "hidden text"
utilizing FB INDIA MARKETING name or trademarks without the prior express
written consent of FB INDIA MARKETING.
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If You use
www.healthpluswealth.net, You shall be responsible for maintaining the
confidentiality of your account and password and for restricting access to your
computer and You shall at all times assume all responsibility for all
activities that occur under your account or password. Any damage, monetary or
otherwise or any loss resulting due to misuse of your personal information
shall be to your account and shall be borne exclusively by You.
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Unauthorized
duplication, copying, visit or otherwise modification of any information on
www.healthpluswealth.net may result in civil and criminal prosecution.
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You have agreed not
to hold FB INDIA MARKETING liable to any direct or indirect or consequential
damage resulting from using www.healthpluswealth.net.
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Links to any other
sites on www.healthpluswealth.net
are not in any manner whatsoever endorsements by FB INDIA MARKETING of any such
sites or otherwise of their respective content.
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Transmissions to or
from www.healthpluswealth.net
may be intercepted and modified by third parties and hence files obtained from
or through www.healthpluswealth.net may contain computer viruses, spy ware or
such other defects. FB INDIA MARKETING shall not be responsible for any damage
resulting out of such events and You shall defend, indemnify and hold harmless
FB INDIA MARKETING against all claims in this regard.
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FB INDIA MARKETING
declares that it has entered into written agreements and arrangements with all
Service Providers and vendors whereby FB INDIA MARKETING is not liable for any
deficiency in Services and quality control of the products and shall not be
held responsible if the Service quality and/or product description does not
meet your expectations or the expectations of other beneficaries.
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In no event shall FB
INDIA MARKETING, its affiliates, licensors, employees or agents be liable to
You for any damages or losses, including without limitation indirect,
consequential, special, incidental or punitive damages resulting from use of or
caused by www.healthpluswealth.net,
its public posting bulletin boards, its content or any errors or omissions in
its content.
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You acknowledge that
You have read this Disclaimer Policy and agree to all its terms and conditions.
You have independently evaluated the desirability and consequences of availing
the Services on
www.healthpluswealth.net and are not relying on any representation,
guarantee or statements other than as set out on www.healthpluswealth.net.
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In an effort to
provide you with the most current information FB INDIA MARKETING will, from
time to time, make changes in the contents and in the products or services
described on the Website. Prices and the availability of items are subject to
change without notice. Prices of products displayed on the Website may not be
indicative of the actual selling prices in your area. It is clarified that FB
Marketing India charge only in Indian Rupees and the product/goods price are
being captured at standard rate i.e 1USD= INR 42. However, USD price are only
indicative, which are always subject to foreign exchange fluctuation, and shall
not be construed as final by YOU as the actual capturing of the amount from
Your credit card may vary from time to time. Further, You agree to bear the
amount difference arising due to foreign exchange fluctuation. We reserve the
right to limit sales, including the right to prohibit sales to re-sellers. We
are not responsible for typographical or photographic errors.
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ARBITRATION
Any dispute or controversy arising out of or concerned with this Policy shall
be referred for adjudication to a Sole Arbitrator to be appointed by FB INDIA
MARKETING the said Sole Arbitrator may be an employee or ex-employee of FB
INDIA MARKETING or any of its sister/associates concern(s). You hereby approves
of and grants your consent to this .The Sole Arbitrator shall follow the
procedure as provided for in the (Indian) Arbitration & Conciliation
Act,1996 as amended from time to time and the award by the Sole Arbitrator
shall be final & binding upon the parties. The seat of Sole Arbitrator
shall be at Shimoga and all proceedings shall be conducted in English.
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| GOVERNING LAW AND
JURISDICTION |
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This TOS shall be
governed by and constructed in accordance with the laws of India without
reference to conflict of law principles.
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Subject to the
Arbitration Clause above, the Courts of competent jurisdiction at Shimoga only
shall have exclusive jurisdiction over the subject matter.
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If any
provisions(s) of this TOS is held by a court of competent jurisdiction to be
contrary to applicable law, then such provision(s) shall be construed, as
nearly as possible, to reflect the intentions of the parties with the other
provisions remaining in full force and effect.
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SCH's failure to
exercise or enforce any right or provision of this TOS shall not constitute a
waiver of such right or provision unless acknowledged and agreed to by SCH in
writing.
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The section
titles in this TOS are solely used for the convenience of the parties and shall
not be taken into account for the purposes of interpretation or construction.
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If any term or
provision of this Agreement or the application to any person or circumstance
shall, to any extent, be invalid or unenforceable, the remainder of this
Agreement, or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable,
shall not be, held invalid.
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