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Terms of Use & Legal Disclaimer
THE FOLLOWING DESCRIBES THE TERMS ON WHICH I HUES INC.
OFFERS YOU ACCESS TO OUR SERVICES.
THIS DOCUMENT SETS FORTH THE TERMS AND CONDITIONS UNDER
WHICH I HUES INC. OFFERS YOU ACCESS TO I HUES WEB
SERVICES OVER THE INTERNET. THESE TERMS AND CONDITIONS
AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY.
IN THESE TERMS AND CONDITIONS, "WE," "US," AND "OUR"
REFER TO "I HUES INC." OR "I HUES" OR "IHUES.COM", AND
"YOU" AND "YOUR" REFER TO “YOU”, THE I HUES INC. MEMBER.
You must read, agree with, and accept all of the terms
and conditions contained in this Agreement and the Legal
Disclaimer and the Privacy Policy, which include those
terms and conditions expressly set out below and those
incorporated by reference, before you may become a
member of I Hues Inc.. We strongly recommend that, as
you read this Agreement, you also access and read the
information contained in the other pages and websites
referred to in this document. These other pages and
websites may contain further terms and conditions that
apply to you as a I Hues Inc. user. By accepting this
Agreement, you also agree that your use of other I Hues
Inc. websites and Services will be governed by the terms
and conditions posted on those websites.
We may amend this Agreement at any time by posting the
amended terms on our site. Any new amendment will
automatically supercede the previous agreement.
This Agreement was last modified on December 28,
2006.
The following terms (showing their last updated date)
provide additional terms and conditions related to
specific I Hues Inc. services we offer:
1. Terms and Conditions of the website
1.1 I HUES INC. is a limited liability company
incorporated in India, the US and Canada. I HUES INC.
owns and maintains the Website and offers you access to
and use of the Website and the opportunity to avail of
the Facilities, products and services displayed or
offered on the Website on and subject to the Terms and
Conditions set out below and elsewhere in the Website
(hereinafter referred to as "the Terms and Conditions")
You must accept and agree to abide by the Terms and
Conditions before accessing or using the Website or
availing of any of the Facilities, products or services
offered on the Website.
1.2 Please read the Terms and Conditions carefully. The
access and use of the Website means that you agree to
accept and abide by the Terms and Conditions. In case
you do not agree to accept and abide by the Terms and
Conditions, please do not access or use this Website or
any pages thereof and please do not avail of any of the
Facilities, products or services offered on or through
the Website.
1.3 Please note that by clicking on "SUBMIT OR CLICK TO
TRANSFER MONEY" it will be deemed that you have read and
understood the Terms and Conditions and that you agree
to accept and abide by the Terms and Conditions.
1.4 I HUES INC. may in its discretion alter, add to or
delete the Terms and Conditions from time to time
without any prior notice. It is your responsibility to
ensure that periodically on every occasion that you
access or use the Website or any Facility, product or
service displayed or offered on the Website that you
return to this page and review the Terms and Conditions
for any alterations, additions or deletions. Unless
otherwise specified by I HUES INC. all alterations,
additions and deletions shall take effect automatically
and be binding on and from the day they are posted on
the Site. By continuing to access or use the Website or
any facilities, products or services offered on the
Website, you will be deemed to have agreed to accept and
be bound by such altered, added to or deleted Terms and
Conditions. If you do not agree to the alterations,
additions or deletions, you should discontinue accessing
or using the Website or availing of any Facilities,
products or services on the Website (other than those
which have already been availed of by you prior to such
alterations, additions or deletions).
1.5 It’s your responsibility to give us authentic name,
address, phone number, email, and credit card
information. You yourself will be held liable if you try
to provide false/ stolen/ or any other misinformation.
You agree that you will be solely and absolutely liable
for any liability incurred by you in this regard and you
will indemnify I HUES INC. against any liability
incurred by I HUES INC. in this regard.
2. WEBSITE :
2.1 The Website primarily facilitates the display and
offering of Facilities by the Alliance Partners and / or
by I HUES INC. on a no-liability and no-obligation basis
as regards I HUES INC.. Information and Facilities on
the Website may be displayed and offered in a phased
manner at the discretion of I HUES INC.. I HUES INC. or
the Alliance Partner shall have the right to from time
to time in its discretion, introduce new information and
Facilities and add to, modify, suspend or withdraw any
information or Facility or the terms thereof in whole or
in part without any prior notice.
2.2 If any of the Terms and Conditions are not
acceptable to you or you disagree with any material on
the Website, your sole and exclusive remedy is to
discontinue using the Website.
4. ELIGIBLE USERS :
4.1 In order to access and use the Website and avail of
any Facility you must be an individual of at least 18
years of age who can enter into legally binding
contracts under applicable law or a corporation, trust,
association of persons or firm which can enter into
legally binding contracts under applicable law. In case
of a corporation, trust, association of persons or a
firm, you must be authorized to agree to the Terms and
Conditions and to access, use and avail of the Website
and the Facilities. If you do not qualify, please do not
access or use the Website or the Facility.
5. REGISTRATION INFORMATION (IDS AND PASSWORDS) AND
SECRECY :
5.1 Only limited access to the Website is available to
non-registered Visitors. Non-registered Visitors may not
be permitted to avail of the Facilities. In order to
obtain increased access to the Website and in order to
avail of the Facilities you are required to register on
the Website as a Registered User.
5.2 You agree -
a. to provide true, accurate, current and complete
information about yourself as prompted by the
registration form on the Website, and
b. to from time to time maintain and update this
information to keep it true, accurate, current and
complete at all times.
You shall indemnify I HUES INC. for any losses caused to
I HUES INC. due to any information provided by you to I
HUES INC. being untrue, inaccurate, not current or
incomplete in any respect, and I HUES INC. shall not be
responsible for any losses sustained by you due to any
information provided by you to I HUES INC. being untrue,
inaccurate, not current or incomplete in any respect. If
any information provided by you is untrue, inaccurate,
not current or incomplete, I HUES INC. has the right to
terminate your registration and refuse you access to or
use of the Website or any Facilities.
5.3 Subject to the other Terms and Conditions, upon
registration as a Registered User the Website will
register your Registered User ID and Registered User
Password; and upon registration as a Customer the
Website will register your Customer ID and Customer
Password.
5.4 You will be solely and absolutely responsible for
maintaining the secrecy and confidentiality of all your
IDs and passwords and you will be fully and absolutely
responsible and liable for all transactions and
activities that occur under your ID and password
including any unauthorized use or misuse of your ID
and/or password. You will be responsible and liable if
any third party gains access to the Website or any
Facility through the use of your ID or password, and you
hereby agree to indemnify I HUES INC. and hold I HUES
INC. harmless against any liability, costs, damages,
claims, suits and proceedings based upon or relating to
such unauthorized access and use. Without prejudice to
the aforesaid, you agree to -
1. immediately notify I HUES INC. via e-mail and
Registered Post AD, or through the Call Centre, of any
suspected loss, theft, unauthorized usage of the ID or
password, any other breach of security, or any receipt
by you of confirmation of a transaction, fund or
securities transfer or other activity which you did not
authorize; or any inaccurate information in your account
balances, securities positions or transaction history
and
2. ensure that you logout from your account at the end
of each session.
5.5 Any transaction or activity pursuant to use of your
ID or Password shall be deemed to be your transaction or
activity and I HUES INC. shall have no obligation to
verify the authenticity of any such transaction or
activity. I HUES INC. shall not be responsible for any
mistake or error made by you in keying in the
transaction or activity as to the nature of the
transaction / activity, with respect to any facts or
figures or otherwise.
5.6 If you forget your password, you can send an e-mail
(or such other message as I HUES INC. may specify) to I
HUES INC. at the address provided on the Website giving
your Customer ID and date of birth and such other
information, if any, as I HUES INC. may require. On I
HUES INC. being satisfied of your identity (which
satisfaction shall be entirely at the discretion of I
HUES INC.), I HUES INC. shall send the password to your
e-mail address registered with I HUES INC. You shall be
responsible for continuing to maintain this e-mail
address. I HUES INC. shall not be liable if it declines
to furnish the password by reason of it not being
satisfied as to your identity.
5.7 If you forget your password, I HUES INC. may,
subject to verification and satisfaction as stated
above, instead of sending you your password, generate a
new password for you which shall be communicated to you
at the e-mail address provided by you. For your security
reasons you must change this password as soon as it is
received by you, and until then this password shall be
deemed to be your password and you will be responsible
and liable for all transactions pursuant thereto. Upon
generation of the new password, I HUES INC. shall
discontinue the use of the old password. However, you
shall be responsible and liable for all transactions
that are carried out by the use of the old Password,
till the time of discontinuation of the old ID or
password.
5.8 Notwithstanding anything stated elsewhere in the
Terms and Conditions, and despite correct use of your ID
and password, I HUES INC. shall be entitled in its sole
discretion (but shall not be bound) to seek offline
and/or additional written or other confirmation from you
of any instruction, transaction or activity as I HUES
INC. may deem fit.
5.9 In the event that the certifying authorities and
other infrastructure contemplated under the Information
Technology Act, 2000 or any other law for the time being
in force, for ensuring secure electronic records and
secure digital signatures is notified by the concerned
authorities and the infrastructure to enable the same is
in place, I HUES INC. shall have the right to require
you to communicate instructions and authorize and
execute transactions and other activities by means of
such secure electronic records and secure digital
signatures in addition to, or in place of, the use of
password(s).
6. CONDUCT OF VISTORS, REGISTERED USERS AND CUSTOMERS :
6.1 You shall not –
1. restrict or inhibit any other person from accessing,
using and enjoying the Website or the Facilities;
2. use the Website for any purpose that is unlawful in
any jurisdiction or not permitted by the Terms and
Conditions;
3. modify, copy, distribute, transmit, display, perform,
publish, license, create derivative works from, transfer
or sell any information, designs, logos, trademarks,
software, Facilities, products or services obtained on
or through the Website, except as permitted by the
copyright owner or other right holder thereof;
4. post or transmit any unlawful, fraudulent, libelous,
defamatory, obscene, pornographic, profane, threatening,
abusive, hateful, offensive, or otherwise objectionable
information or statement of any kind including, without
limitation, any information or statement constituting or
encouraging conduct that would constitute a criminal
offence, give rise to civil liability, or otherwise
violate any local, state, national, foreign or other
law;
5. post or transmit any advertisements, solicitations,
chain letters, pyramid schemes, investment opportunities
or schemes or other unsolicited commercial communication
(except as otherwise expressly permitted by I HUES INC.)
or engage in spamming or flooding;
6. post or transmit any information or software which
contains a virus, Trojan horse, worm or other harmful
component;
7. post, publish, transmit, reproduce, distribute or in
any way exploit any information, software or other
material obtained from or through the Website for
commercial purposes (other than as expressly permitted
by the provider of such information, software or other
material);
8. upload, post, publish, transmit, reproduce or
distribute in any way, information, software or other
material obtained on or through the Website which is
protected by copyright or other proprietary right, or
derivative works with respect thereto, except as
permitted by the copyright owner or other right holder
thereof;
9. upload, post, publish, reproduce, transmit or
distribute in any way any component of the Website
itself or derivative works with respect thereto, except
as permitted by I HUES INC. or the copyright owner or
other right holder thereof, the Website being
copyrighted under the relevant laws;
10. attempt to decompile or reverse engineer any of the
software available on the Website.
11. You will not make any attempt to hack into the
Website or otherwise attempt to subvert any firewall or
other security measure of the Website and if you become
aware of any shortcoming in the security on the Website
you shall forthwith inform I HUES INC. of the same in
writing.
6.2 If the Website contains bulletin boards, chat rooms,
access to mailing lists or other message or
communication facilities (collectively, "Forums"), you
agree to use the Forums only to send and receive
messages and material that are proper and related to the
particular Forum.
6.3 You shall use any software provided on, by or
through the Website only for the purposes for which it
has been provided to you and for no other purpose.
7. OTHER TERMS :
7.1 I HUES INC. shall not be under any duty to assess
the prudence or otherwise of any instruction or
transaction given or entered into by you.
7.2 I HUES INC. shall be entitled, in its sole and
absolute discretion, to refuse to comply with all or any
of your instructions without assigning any reason.
7.3 You cannot cancel any instructions once provided,
save and except as specifically detailed on the Website.
Additionally, when you place a request to cancel an
instruction or a transaction that has been authorized by
you, such cancellation is not guaranteed by I HUES INC..
Such instruction or transaction will only be cancelled
if your request for cancellation is received and acted
upon before the instruction or transaction has been
executed.
7.4 I HUES INC. and the Alliance Partners shall have the
right to, and you hereby authorize I HUES INC. and the
Alliance Partners to, verify any information provided by
you.
7.5 I HUES INC. shall endeavor to take reasonable
measures, which may include encryption, to ensure that
your personal information is not disclosed to any person
except to I HUES INC., Alliance Partners, Service
Providers, other persons to whom the information may be
provided as per I HUES INC.'s Privacy Policy and other
persons specified by you. However, the Internet is an
open system and I HUES INC. cannot, and does not,
guarantee that the personal information which you
furnish will not be intercepted or accessed by others
and decrypted. I HUES INC., the Alliance Partners and
Service Providers shall not be liable or responsible
should any confidential or other information provided by
or pertaining to you (included credit card numbers, bank
account numbers, passwords, personal identification
numbers, IDs, transaction details, etc.) be intercepted
and subsequently used by an unintended recipient.
7.6 REWARD POINTS: Any scheme for awarding or securing
reward points or other rewards or prizes (by whatever
name called) is available only to Persons who are
eligible for the same under the rules of the concerned
scheme and the applicable laws of India and other
concerned jurisdictions. You are therefore required to
verify that you are eligible before participating in any
such scheme. I HUES INC. is not responsible or liable
for the performance, quality or any other aspect of any
rewards, prizes or items manufactured or supplied by
third parties against any redemption of the points or
otherwise pursuant to such scheme, and your recourse for
the same will be only against the persons who have
manufactured or supplied the same. Eligibility of
Rewards points, awarded as per I HUES INC. Policy, is
exclusive. This cannot be clubbed with any existing
offer, unless otherwise specified explicitly. Redemption
of reward points for free transactions are subject to
special conditions which may vary on the mode of
remittance other factors, if any.
7.7 Quotes, research information, historical information
and other content on the Website is provided by various
newspapers, magazines, TV Channels, Capital Markets
and/or other persons / entities. Daily updates are
subject to receipt from the respective third party data
contributors. The latest quotes are subject to market
fluctuations and will be subject to a delay. Market
quotes and other information on the Website, as well as
reference materials or links to other sites, are for
general informational purposes only, and are not
intended to be relied upon for transactional or other
purposes. Neither I HUES INC. nor any of its data or
content providers shall be liable for any errors or
delays in the content, or for any actions taken or
omitted to be taken in reliance thereon. Opinions
expressed in any information contained on the Website
are not indication of prospective rating / grading. Any
ratings awarded by the content providers, Affiliate
Partners, Service Providers, the Website or I HUES INC.
should not be treated as a recommendation to
buy/sell/hold any Security and you shall rely
exclusively on your best judgment in respect thereof.
Stock quotes and mutual fund Net Asset Values ("NAVs")
and news stories which are accessed may be delayed.
7.8 For Corporate Class Customers, the Remittances in
the currency of the country they are registered under
will be free of charge. Remittances in any other
currency, but under the same login ID, will be charged
as per the terms and conditions of the Corporate Class
scheme.
8. DISCLAIMERS :
8.1 Access and use of the Website and the Facilities is
entirely at your own risk. The Website, including any
content or information on it, any related or linked site
and all Facilities, products and services displayed,
provided, availed of, licensed or purchased on, through
or via the Website are provided "as is," without any
representation or warranty of any kind, either express
or implied, including without limitation, any
representation or warranty for accuracy, continuity,
uninterrupted access, timeliness, sequence, quality,
performance, fitness for any particular purpose or
completeness. Specifically, I HUES INC. disclaims any
and all warranties including, but not limited to -
1. any warranties concerning the availability, accuracy,
usefulness, or correctness, currency or completeness of
information, Facilities, products or services and
2. any warranties of title, warranty of
non-infringement, freedom from computer virus,
warranties of merchantability or fitness for a
particular purpose, other than those warranties which
are incapable of exclusion, restriction or modification
under the laws applicable to the Terms and Conditions.
I HUES INC. has not verified and shall not be liable or
responsible for any content or other information on the
Website or on web-sites linked to or with I HUES INC.. I
HUES INC. does not, in any way, certify or warrant the
performance, operation, content or availability of the
Website or such other websites. Although I HUES INC.
adopts security measures which it considers appropriate
for the Website, it does not assure or guarantee that no
person will overcome or subvert the security measures
and gain unauthorized access to the Website or any
Customer Accounts. I HUES INC. shall not be responsible
or liable if any unauthorized person hacks into or gains
access to the Website, any Facility or your accounts;
and you shall be liable and responsible for the same.
8.2 This disclaimer of liability applies also to any
damage or injury caused by any failure of performance,
error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus,
communication line failure, theft or destruction or
unauthorized access to, alteration of, or use of record,
whether for breach of contract, tortuous behavior,
negligence, or under any other cause of action.
8.3 The information and views contained herein are based
on information available and believed to be correct to
the best of our knowledge. Although due care has been
exercised to verify the accuracy of the information,
neither I HUES INC and its information suppliers assume
responsibility for the accuracy or for any loss arising
out of any information contained herein. This is neither
a solicitation to invest in any product nor to avail of
a particular service.
8.4 I HUES INC. does not warrant or makes any
representations regarding the use or the results of the
use of any product, service and /or Facility in terms of
its compatibility, correctness, accuracy, reliability or
otherwise. You assume total responsibility and risk for
your access and use of the Website, all site-related
services and all Facilities, products and services
mentioned or advertised on or accessed or availed on or
through the Website.
8.5 You acknowledge that any warranty that is provided
in connection with any of the Facilities, products or
services described on the Website are provided solely by
the owner, advertiser, manufacturer, provider or
supplier of that Facility, product or service, and not
by I HUES INC. or the Website (except where I HUES INC.
is expressly stated to be owner, advertiser,
manufacturer, provider and supplier thereof).
8.6 I HUES INC. operates and offers the Website strictly
on a no-liability basis and I HUES INC. shall not be
liable to you or any other third party for any direct,
indirect, incidental, special, exemplary, punitive,
consequential or other damages (including without
limitation loss of profits, loss or corruption of data,
loss of goodwill, work stoppage, computer failure or
malfunction, or interruption of business) under any
contract, negligence, strict liability or other law or
theory arising out of or in connection with the Website,
or any Facilities, products or services mentioned or
advertised on or accessed or availed on or through the
Website or any contract or transaction entered into or
executed in pursuance thereof (however arising,
including negligence) or resulting from the use of or
inability to use, access or avail of the Website, any
Facility, service or product or out of any breach of any
warranty. Under no circumstances shall I HUES INC. be
liable for any damages whatsoever whether such damages
are direct, indirect, incidental consequential and
irrespective of whether any claim is based on loss of
revenue, investment, production, goodwill, profit,
interruption of business or any other loss of any
character or nature whatsoever and whether sustained by
you or any other person.
8.7 If any disclaimers or limitation of liability in the
Terms and Conditions are held to be unenforceable, the
maximum liability of I HUES INC. (or the concerned
Affiliate Partner or Service Provider, as the case may
be) to you shall not exceed the amount of fees paid by
you to I HUES INC. (or the Affiliates Partner or Service
Provider, as the case may be) for the Facilities,
products or services that you have ordered or availed of
on or through the Website.
8.8 Delays in the Transactions and Non-Liability for
Damages
While I HUES INC. shall endeavor that your instructions
and your transactions pursuant to Facilities provided by
I HUES INC. are communicated, carried out and/or
performed promptly, I HUES INC. does not guarantee that
any instructions will definitely be communicated or
carried out or that any transactions will definitely be
performed; and I HUES INC. shall not be responsible for
any delay in communicating, carrying out or performance
of any instructions or transactions due to any reason
whatsoever, including by reason of failure of
operational systems for reasons including but not
limited to virus attacks, natural calamity, floods, fire
and other natural disasters, legal restraints, faults in
the telecommunication network or network failure,
software or hardware error, labor problem, strike or any
other reason beyond the control of I HUES INC.
8.9 I HUES INC. shall not be responsible for any
inability to access the Website or any use or misuse of
the Website.
8.10 Any search results displayed by or on the Website
are automated and cannot be screened. Accordingly, I
HUES INC. assumes no responsibility for the accuracy or
otherwise of any search results or of the content of any
site included in the search results or otherwise linked
to the Website.
8.11 I HUES INC. shall not be responsible for any
unauthorized interception of e-mail to or from you or I
HUES INC.
8.12 You further acknowledge that -
I. I HUES INC. or the Website is not your portfolio
manager, investment advisor, tax advisor or other
advisor or consultant.
8.13 To the extent possible, the disclaimers,
limitations on liability and indemnities available to I
HUES INC. under the Terms and Conditions or Terms of Use
shall mutates mutandis extend and be available also to
the Alliance Partners and Service Providers and its /
their respective directors, officers, employees, agents,
successors, assigns, consultants, sponsors, affiliates,
content providers and every one involved in creating,
producing, delivering or managing the Website (or any
part thereof) or any Facility. However this clause shall
not protect the aforesaid Persons or extend to their
obligations and liability to I HUES INC.’s claims against them.
8.14 A possibility exists that the Website could include
inaccuracies or errors. Additionally, a possibility
exists that unauthorized additions, deletions or
alterations could be made by third parties to the
Website. Although I HUES INC. and its Service Providers
attempt to ensure the integrity of the Website, they
make no guarantee whatsoever as to its sequence,
timeliness, completeness, correctness or accuracy. In
the event that such an inaccuracy or incompleteness
arises, please inform I HUES INC. so that it can be
corrected.
8.15 Links from the Web Site –
8.16 Clicking on certain portions or links within the
Web Site might take you to other websites without any
intimation or indication of doing or having done so. The
linked Websites are not under the control of I HUES INC.
and I HUES INC. assumes no responsibility whatsoever for
such other websites whether as to content, availability,
performance or otherwise. I HUES INC. also does not
represent or warrant that these links shall operate
satisfactorily. I HUES INC. provides these links only as
a convenience and links to external web sites do not
constitute an endorsement by I HUES INC. of such other
sites, the sponsors of such sites or the content,
products, advertising or other materials presented on or
by such sites. I HUES INC. shall not be responsible or
liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with
the access or use of such other websites or reliance on
or availing of any content, goods or services available
on such other sites.
9. TERMS OF SUPPLY OF FACILITIES - GENERAL :
9.1 The Website primarily facilities the display and
offering of Facilities by third parties ("Alliance
Partners") and I HUES INC. on a no-liability and
no-obligation basis as regards I HUES INC.. Several of
the Facilities mentioned or offered on or through the
Website are provided by Alliance Partners (and not by I
HUES INC.) as indicated at the appropriate places on the
Website. I HUES INC. has not conducted any investigation
or due diligence in respect of, and makes no warranty
for, the Alliance Partners or the Facilities provided by
them, and I HUES INC. shall not be liable for any loss
or damage of any sort incurred as a result of any
transactions or dealings with Alliance Partners. You may
be billed for these Facilities by the Alliance Partners,
and the Alliance Partners may have their own agreements,
terms and conditions which will govern such Facilities
provided by them. The terms and warranties relating to
such Facilities may vary from Alliance Partner to
Alliance Partner and Facility to Facility. You should
obtain the full text of such terms and warranties from
the Alliance Partners.
9.2 Where any Facility is provided by I HUES INC.
itself, it is expressly mentioned on the Website. I HUES
INC. offers its Facilities strictly on a no liability
basis. Accordingly, while I HUES INC. shall endeavor to
offer such Facilities as per their terms, no claim shall
lie against I HUES INC., and I HUES INC. shall not be
liable to you or to any Person, in the event of
non-provision of any Facility or delay or omission to do
any act pursuant to any Facility provided by I HUES INC.
or on any other account whatsoever. You should avail of
Facilities provided by I HUES INC. only if you are
agreeable to the above.
9.3 In order to avail of specific Facilities, you may
have to agree to other terms and conditions in addition
to the Terms and Conditions and may also have to execute
agreements, powers of attorney and other writings and
abide by the specified procedures.
9.4 All your rights and remedies and all maintenance,
update, warranty, liability or any other obligations
related to any Facility, if any, shall be governed by
the applicable terms, policies and procedures of the
concerned Alliance Partner and I HUES INC. shall not be
liable or responsible for the same in any manner. You
shall have no claim, rights or remedies whatsoever
against I HUES INC. in respect of any Facility availed
or sought to be availed by you from any Alliance
Partner.
9.5 If you wish to avail of a Facility, you may be asked
by the Alliance Partner or I HUES INC. to supply certain
information, including but not limited to credit or
debit card or other payment mechanism information. You
agree that all information you provide to any Alliance
Partner or I HUES INC. will be accurate, complete and
current. You agree not to hold I HUES INC. liable for
any loss or damage of any sort incurred as a result of
any such dealings with any Alliance Partner.
9.6 The Alliance Partners and I HUES INC. offering any
Facility set their own prices and terms and may change
prices or terms or institute new prices or terms at any
time. Prices and availability of Facilities displayed or
offered on or through the Website are subject to change
without prior notice. Nothing contained in this Website
constitutes an offer, promise or commitment to grant or
provide any Facility on any specific terms or otherwise
and the sanction or grant of any Facility is not
guaranteed and is in the absolute discretion of the
Alliance Partner or I HUES INC. (as the case may be).
While I HUES INC. endeavors to post accurate and updated
information on the Website, you verify the same before
taking any action or entering into any transaction. I
HUES INC. will not be liable for any lack of
availability of any Facilities you may order or seek to
avail of through the Website.
9.7 You agree to pay all charges incurred by users of
your ID and password and credit card or other payment
mechanism at the prices in effect when such charges are
incurred. You also will be responsible for paying any
applicable taxes, and shipping/transportation and
handling charges relating to purchases through the
Website.
9.8 The records of access, instructions, transactions
and other activities maintained or caused to be
maintained by I HUES INC. through its or a third party's
computer systems or on tape or other recording or
storage device or otherwise shall be admissible in
evidence, shall not be challenged by you and shall be
accepted as genuine, accurate, conclusive and binding
for all purposes including the recording of the time
thereof.
9.9 Facilities are offered only to persons who are
residents or citizens of states and countries where I
HUES INC. or the concerned Alliance Partners (as the
case may be) are operating and can offer and provide
such Facilities. By offering Facilities on this Web
Site, I HUES INC. or the concerned Alliance Partners (as
the case may be) are not attempting to offer or provide
facilities outside their authorized states or country.
9.10 I HUES INC. shall try to ensure that all
information that is provided on the Website with respect
to the Facilities, products and services that are
offered by the Suppliers and the Customized News are
accurate and up to date. However, I HUES INC. does not
guarantee the timeliness, accuracy, completeness,
reliability or content of the information and any
changes that are made with respect to the same.
10. TERMS OF SPECIFIC FACILITIES :
10.1 The following Facilities are proposed to be offered
on the Website. However all the Facilities or all the
various components / features of a Facility may not be
offered. The Facilities and components / features of a
Facility may be introduced in a phased manner.
Alerts -
I HUES INC. and/or its Service Providers shall endeavor
to ensure that Alerts are communicated to you in
accordance with your instructions in this regard.
However, neither I HUES INC. nor the Service Providers
would be responsible or liable for non-dispatch or delay
in dispatch of the Alerts by I HUES INC. and/or the
Service Providers or any delay in receipt or non-receipt
of the Alerts for any reason whatsoever. Under no
circumstances shall I HUES INC. and/or the Service
Providers be liable for any costs, damages or other
amount whatsoever for such non-dispatch or delay in
dispatch or any non-receipt or delay in receipt of the
Alerts. Non- receipt of Alerts will not discharge or
reduce your liability to pay any amount to I HUES INC.
which would have been payable in the event of proper
receipt of the Alerts.
Credit, Debit and other Cards -
The credit, debit and other cards displayed or offered
on or through the Website are displayed or offered by
banks and other entities ("issuers") and not by I HUES
INC. The terms and conditions in respect of such cards
are decided by the concerned issuers and are subject to
change at their discretion. The terms and conditions in
respect of such cards as shown on the Website may be
only indicative and the final cards may be issued on
different terms and conditions. The decision whether or
not to issue a card is entirely within the discretion of
the concerned issuer and I HUES INC. does not make any
representations or warranties as to any of the issuers
nor does I HUES INC. assure or guarantee that any issuer
will issue any card. All agreements, contracts,
transactions, claims, disputes, differences, etc.
pursuant to or in connection with any card and for use
of such card shall be between the concerned issuer and
you, and I HUES INC. shall not be responsible or liable
for the same.
Customized News -
Customized News means information in the areas of
politics, sports, finance, etc. which may be provided or
procured to be provided by I HUES INC. by e-mail, on the
Website, over a telephone or mobile phone or any other
manner on the request of Registered Users. Such
information may be sourced by I HUES INC. from third
party Service Providers and may be transmitted by I HUES
INC. to you without verification. I HUES INC. does not
warrant the accuracy, timeliness or completeness of any
information and you must independently verify the
information before acting or omitting to act on the
basis thereof. You shall not hold I HUES INC.
responsible or liable if any information is inaccurate,
outdated, or incomplete.
Other –
Any and all information, data, ratings, grading,
opinions, recommendations and statements on the Website
are provided on a no guarantee, no-obligation and
no-liability basis. I HUES INC. does not represent or
endorse the completeness, accuracy or reliability
thereof. You should verify and make independent
inquiries and seek independent advice in respect of all
such information, data, ratings, grading, opinions,
recommendations and statements. Any reliance, act or
omission (including any investment or any disinvestment
decision) by you or any third party upon any such
information, data, ratings, gradings, opinions,
recommendations and statements shall also be at your own
risk and neither I HUES INC. nor its Affiliate Partners
nor Service Providers shall be liable to you for the
same. All profits and losses and other consequences of
any investment, disinvestment or other decisions made by
you or any third party are entirely to your account and
I HUES INC. shall not be liable or responsible for the
same.
While the Website may facilitate your making investments
/ disinvestments, it does not manage your investment
accounts or portfolios and does not impose any
conditions, such as a minimum value of assets etc. I
HUES INC., its Affiliate Partners, Service Providers and
the Website accordingly do not review any such accounts
or portfolios or provide any reports with respect to any
such accounts. I HUES INC. does not by itself or through
others review, or provide reports with respect to, any
financial plans prepared by you with the assistance of
the Website or any Facilities.
I HUES INC. or the Website is not involved in or
responsible or liable for any decisions made by you
including any decisions with respect to the timing and
amount of securities purchases or sales, the broker or
dealer to be used for such transactions or the
commission/brokerage rates to be paid. The Website or I
HUES INC. do not recommend or vouch for the credibility
or otherwise of or guarantee the performance of
obligations by any particular broker or other
intermediary.
Neither the information, nor any opinion or other
content contained in the Website constitutes a
solicitation or offer by I HUES INC. or its
owners/affiliates or the Site to buy or sell any
securities, futures, options or other financial
instruments or representation in respect of any
attributes of such instrument.
I HUES INC. is not registered under the U.S. Investment
Advisers Act of 1940. Accordingly, nothing in such
Website, or in such Materials, constitutes an offer of
or an invitation by or on behalf of I HUES INC. to
purchase or sell any of the shares or securities
mentioned, nor should it be considered as investment
advice.
11. PROFESSIONAL ADVICE :
It is your responsibility to evaluate the completeness,
currency, accuracy or usefulness of any information,
opinion, guidance, recommendation, advice, document or
other content available on or through or pursuant to the
Website and you should consult your own counsel,
business advisor, investment advisor, tax advisor or
other advisor or consultant and seek independent
professional advice and make independent inquiries as to
the legal, business, tax and related matters concerning
any Facilities, shares, securities or other instruments
with respect to which any information, opinion,
guidance, recommendation, advice or other content is
sought or given. Any investments or other decisions will
be based solely on your own evaluation of financial
circumstances and investment objectives and I HUES INC.
will not be liable or responsible for the same.
You shall be solely and absolutely responsible for your
own investments, research and investment decisions, and
I HUES INC. shall not be liable for any decision made or
action taken by you or others based upon reliance on
information, material, advice, recommendations, opinion
or views obtained on or through the Website.
Prior to the execution of a securities trade, you should
always consult with your broker or other financial
representative to verify securities pricing information.
Prior to entering into any transaction or executing any
documentation or agreeing to any terms you should
consult your legal, financial and other advisors.
13. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS :
13. 1 I HUES INC. is the owner and/or authorized user of
any trademark, registered trademark and/or service mark
appearing on the Website, and is the copyright owner or
licensee of the content and/or information on the
Website including but not limited to any text, images,
illustrations, audio clips, video clips and screens
appearing on the Website. All rights on the Website are
reserved and you may not download and/or save a copy of
the Website or any part thereof including any of the
screens or part thereof and/or reproduce, store it in a
retrieval system or transmit it in any form or by any
means - electronic, electrostatic, magnetic tape,
mechanical printing, photocopying, recording or
otherwise including the right of translation in any
language without the express permission of I HUES INC.
(except as otherwise provided on the Website or in the
Terms and Conditions for any purpose) or use it in any
manner that is likely to cause confusion or deception
among persons or in any manner disparages or discredits
I HUES INC. or Alliance Partners or Service Providers,.
However, you may print a copy of the information on this
Site for your personal use or records. This Site is for
your personal use. If you make other use of this Site,
except as otherwise provided above, you may violate
copyright and other laws of India and other countries,
and may be subject to penalties. I HUES INC., the
Alliance Partners and/or the Service Providers do not
grant any license or other authorization or user of its
trademarks, registered trademarks, service marks, or
other copyrightable material or other intellectual
property by placing them on the Website.
14. AUTHORITY TO I HUES INC. :
You irrevocably and unconditionally authorize I HUES
INC. to access all information relating to you
(including personal information and information relating
to access and use of the Website and Facilities by you
and the transactions entered into by you). Subject to
the Privacy Statement, all information submitted on or
via the Website shall be deemed to be and remain the
property of I HUES INC. and the Affiliate Partners and
Service Providers; and I HUES INC., the Affiliate
Partners and Service Providers shall be free to use, for
any purpose, any ideas, concepts, know-how or techniques
contained in any information you may provide to or
through the Website. I HUES INC., the Affiliate Partners
and Service Providers shall not be subject to any
obligations of confidentiality regarding submitted
information except as otherwise expressly agreed by it
directly with you. I HUES INC. shall be deemed to
acquire from you a non-exclusive, world-wide,
perceptual, irrevocable, royalty free license to use,
adapt, reproduce, modify, publish, translate, create
derivative works from, distribute, perform or display
any ideas, concepts, know-how or techniques contained in
any information provided by you to or through the
Website.
15. NO AGENCY :
The Terms and Conditions and your use of or access to
the Website or any Facilities are not intended to create
an agency, partnership, joint-venture or
employer-employee relationship between you and the
Website, I HUES INC., any Alliance Partner or Service
Provider, except where otherwise specifically agreed or
appointed.
16. NO OBLIGATION FOR MAINTENANCE :
I HUES INC. has no obligation to monitor the functioning
of the Website. However, you acknowledge and agree that
I HUES INC. has the right to monitor the functioning of
the Website electronically or otherwise from time to
time and to disclose any information as necessary or
appropriate to satisfy any law, regulation or other
governmental request, to operate the Website properly or
to protect itself or its Service Providers, Alliance
Partners, Visitors, Users or Customers. I HUES INC. will
not intentionally monitor or disclose any private
electronic-mail message to any third party unless
required by law. I HUES INC. reserves the right to
refuse to post or to remove any information or
materials, in whole or in part, that, in its sole
discretion, are unacceptable, undesirable, inappropriate
or in violation of the Terms and Conditions.
17. INDEMNITY :
You agree to defend, indemnify and hold I HUES INC., its
directors, officers, employees, Affiliates Partners, and
Content and Service Providers harmless from any and all
claims, liabilities, damages, costs, expenses and
proceedings, including reasonable attorneys' fees,
arising in any way from your use of the Website or the
placement or transmission of any message, information,
software or other materials through the Website by you
or users of your ID and password or related to any
violation of the Terms and Conditions by you or users of
your of your ID and password, and any claims dispute or
differences between you and any Supplier.
18. TERMINATION :
Termination by I HUES INC. Website –
18. 1 You acknowledge and agree that I HUES INC. may,
without notice, suspend or terminate your ID, email,
password or account or deny you access to all or part of
the Website or any Facilities without prior notice if
you engage in any conduct or activities that I HUES INC.
in its sole discretion believes violate any of the Terms
and Conditions, violate the rights of I HUES INC., or is
otherwise inappropriate for continued access, or IF I
HUES INC. learns of your death, bankruptcy or lack of
legal capacity or of circumstances which impact your
credit worthiness (which shall be determined at the sole
discretion of I HUES INC.) or for any other reason which
I HUES INC. thinks fit and proper.
18.2 You acknowledge and agree that I HUES INC. may in
its sole discretion deny you access through I HUES INC.
to any materials stored on the Internet, or to access
third party services, Facilities, merchandise or
information on the Internet through the Website, and I
HUES INC. shall have no responsibility to notify you or
third-party providers of Facilities, services,
merchandise or information nor any responsibility for
any consequences resulting from lack of notification.
19. GOVERNING LAW & JURISDICTION :
19. 1 The Website, the Terms and Conditions, all
transactions entered into on or through the Website and
the relationship between you and I HUES INC. shall be
governed by and construed in accordance with the laws of
Vancouver Court, Canada and no other nation, without
regard to the laws relating to conflicts of law.
19.2 You and I HUES INC. agree that all claims,
differences and disputes arising under or in connection
with or pursuant to the Website, the Terms and
Conditions, any transactions entered into on or through
the Website or the relationship between you and I HUES
INC. shall be subject to the exclusive jurisdiction of
the competent courts located in the city of Vancouver,
British Columbia, Canada and you hereby accede to and
accept the jurisdiction of such courts. Provided that,
notwithstanding what is stated above, if I HUES INC. so
thinks fit I HUES INC. may institute proceedings against
you in any other court or tribunal having jurisdiction.
19.3 I HUES INC. accepts no liability whatsoever, direct
or indirect for non-compliance with the laws of any
country other than that of India. The mere fact that the
Website can be accessed or used or any facility can be
availed of in a country other than India would not mean
that the laws of such country would be applicable.
21. SEVERABILITY :
If any provision of the Terms and Conditions shall be
held to be invalid or unenforceable by reason of any law
or any rule, order, judgment, decree, award or decision
of any court, tribunal or regulatory or self-regulatory
agency or body, such invalidity or unenforceability
shall attach only to such provision or condition, and
you, I HUES INC., the court, tribunal or regulatory or
self-regulatory agency or body should endeavor to give
effect to the parties' intentions as reflected in the
provision to the extent possible,. The validity of the
remaining provisions and conditions shall not be
affected thereby and these Terms shall be carried out as
if any such invalid or unenforceable provision or
condition was not contained herein.
22. LIMITATION :
Notwithstanding any statute or law to the contrary, but
to the extent permitted by law, any claim or cause of
action arising out of or related to access or use of the
Website or any Facility or the Terms and Conditions or
Terms of Use must be filed within three (3) months after
such claim or cause of action arose failing which it
shall be forever barred.
23. NOTICES :
23. 1 I HUES INC. may give notice to you by e-mail,
letter, telephone or any other means as I HUES INC. may
deem fit to the address last given by you. Notices under
the Terms and Conditions may be given to I HUES INC. by
you in writing by delivering them by hand or by sending
them by post to I HUES INC.'s address mentioned on the
Website. I HUES INC. may, but shall not be bound to, act
upon notices and instructions given by you to I HUES
INC. by e-mail, letter, telephone or any other means as
I HUES INC. may deem fit.
23.2 In addition, I HUES INC. may (but shall not be
bound to) also publish notices of general nature, which
are applicable to all Visitors, Registered Users or
Customers in a newspaper circulating in India or on its
Website. Such notices will have the same effect as a
notice served individually to each Visitor, Registered
User or Customer (including you).
23.3 Documents which may be sent by electronic
communication between the parties may be in the form of
an electronic mail, an electronic mail attachment, or in
the form of an available download from the Website I
HUES INC. shall be deemed to have duly communicated and
delivered any communication or document to you if such
communication or document is sent via electronic mail
(e-mail) to the e-mail address provided by you to I HUES
INC.. I HUES INC. shall also be entitled to act on the
basis of any instructions received or purported to be
received by I HUES INC. from you by e-mail or other
electronic means or via the internet. I HUES INC. shall
also be entitled (but not bound) to act upon fax
instructions and communications.
24. MISCELLANEOUS :
24.1 The clause headings in the Terms and Conditions or
Terms of Use are only for convenience and do not affect
the meaning of any provision and shall not be taken into
account in interpreting or limiting the scope of the
provisions of the Terms and the Conditions.
24.2 I HUES INC. may sub-contract or employ agents to
carry out any functions or services relating to the
Website or any of its obligations under the Terms and
Conditions.
24.3 I HUES INC. may from time to time send by e-mail or
otherwise, information relating to products and services
offered by it or the Alliance Partners or any other
entities, the Facilities, general information related to
financial and other services, advertisements of various
products and services etc. to you.
24.4 You must at your own cost: (a) provide for your own
access to the World Wide Web and pay any service fees,
telephone charges and online service usage associated
with such access, and (b) provide all equipment
necessary for you to make such connection to the World
Wide Web, including a computer and modem.
24.5 In the case of joint accounts which are held by you
along with one or more others, each account holder may
not be authorized to act independently. For the joint
accounts, you must be the first joint account holder and
the Customer ID and the Customer Password may be issued
only to you. The other joint account holders shall be
deemed to have given his/her/their consent to such
arrangement. All correspondence will be addressed to you
as the first joint account holder only. All the Terms
and Conditions and all transactions arising in the joint
accounts from the use of any Facility shall be binding
on all the joint account holders, jointly and severally.
24.6 The content presented at the Website may vary
depending upon your browser limitations.
The conditions stated in these Terms and Conditions or
Terms of Use are in addition to the other terms and
conditions stated elsewhere in the Website. In
particular, and without prejudice to the above, these
Terms and Conditions are in addition to the terms,
conditions, procedures and agreements applicable in
respect of each Facility which are stated at the
appropriate places in respect of each Facility or in the
agreements to be entered into between I HUES INC. and
you / the concerned parties in respect of each Facility.
24. 7 WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR
SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.
WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR
SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. I Hues Inc. shall make
reasonable efforts to ensure that requests for
electronic debits and credits involving bank accounts,
credit cards, and check issuances are processed in a
timely manner, but we make no representations or
warranties regarding the amount of time needed to
complete processing because our Service is largely
dependant upon many factors outside of our control, such
as delays in the banking system or the U.S. or
international mail service. Some states do not allow the
disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you
specific legal rights and you may also have other legal
rights that vary from state to state.
24. 8 I Hues Inc. will not be liable for any loss
resulting from a cause outside of its direct control,
including but not limited to failure of electronic or
mechanical equipment or communication lines, telephone
or other interconnect problems, computer viruses,
“hacking”, theft, operator errors, unauthorized access,
or environmental conditions.
24.9 By registering yourself here, you unconditionally
accept that you are agree to receive newsletters,
product info, emails, information emails, marketing
emails, letters, phone calls and required notifications
from ihues.com.
I HUES INC. WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT
OF THE USE OF I HUES INC., EVEN IF IT HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, TO THE EXTENT
PERMITTED BY LAW.
BY ACCESSING AND / OR USING THIS WEBSITE OR PORTION /
PAGE THEREOF AND / OR ANY FACILITIES YOU AGREE TO THE
TERMS AND CONDITIONS.
Last Updated on December 28, 2006 |
