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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 April 18, 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. or 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, The Province of 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.