ULTIMATE HERBAL HEALTH LIMITED – TERMS AND CONDITIONS. MARCH 2015
PLEASE READ THESE TERMS AND CONDITIONS BEFORE PURCHASING ANY PRODUCT FROM US DIRECTLY OR FROM OUR WEBSITE, SUBSCRIBING TO OUR MAILING LIST OR REGISTERING FOR ANY REVENUE SHARING PROGRAM WITH ULTIMATE HERBAL HEALTH LIMITED (UNH)
The name that will appear on your statement will be Ultimate Herbal Health
These Terms and conditions are an agreement (the “Agreement”) between Ultimate Herbal Health Ltd (“UNH”, “The Company,” “we” or “us”) and you (“you”, “customer” , “distributor” or “User”).
This Agreement sets forth the legal terms and conditions governing your trading relationship with UNH, the use of any website owned by UNH, its directors, affiliates or subsidiaries, and/or your participation in the UHN Revenue Sharing Program and ALL of UNH’s Web Property (collectively referred to herein as the “Site”) and for your purchase and/or use of any UNH products or services. This Agreement, in its entirety, also outlines the terms and conditions of the UNH Revenue Sharing Program. (Collectively, all of the above is referred to hereinafter as the “Offerings”).
Your use of the Site and all information, data, text, software, images, sounds or other materials contained therein or in printed hard copy form, or your use or purchase of any other Offerings confirms your unconditional agreement to be bound by this Agreement and is subject to your continued compliance with the terms and conditions of this Agreement. If you do not agree to be bound by this Agreement, do not proceed to use the Site or participate in the Revenue Sharing Program or any of the other Offerings.
If you are dissatisfied with the Site or other Offerings, your sole and exclusive remedy is to stop using the Site, products or Offerings, except for the limited warranties that may apply to UNH’s products and Offerings or as otherwise expressly stated in section 5.9-5.13 of this Agreement (UNH 100% Customer Guarantee, Liability and Waiver).
The information on this Site is subject to change at any time without notice. By accessing or linking to this Site (with permission of the company), you understand that potentially the content on this Site may be altered and sometimes removed.
1.1 We reserve the right at any time to:
· Change the terms and conditions of this Agreement;
· Enhance, add to, modify or discontinue the Site or other Offerings, or any portion of the Site or other Offerings, at any time in our sole discretion.
From time to time, we reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove, revise or otherwise change any portion of this Agreement, in whole or in part, at any time. For changes to this Agreement that we consider to be material, we will place a notice on the Site by revising the link on the homepage to read substantially as “Updated Terms and conditions” for a reasonable amount of time. If you provide information to us, access or use the Site or participate in any Offering in any way after this Agreement has been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of this Agreement will be available on the Site and will supersede all previous versions of this Agreement.
1.2 The Site or the Offerings, in whole or in part, may be enhanced, modified or discontinued at our sole discretion. Any enhancements, additions or modifications to the Site or Offerings will be subject to this Agreement.
1.3 It is encumbent upon the User to check for any updates on a regular basis as notifications will be placed on the site and not emailed to each user. The agreement will clearly display a date in the footer notifying users when the latest update was performed.
2.1 You take full responsibility for your level of computer literacy and your ability to read and understand the instructions, operate your computer, place orders, run your own account online, receive emails to your email address provided, and navigate the company’s websites and other websites where necessary. We expressly disclaim any liability resulting from your inability to operate or understand the operation of your computer hardware, and/or any related software, wether provided by the company or not.
2.2 You must obtain access to the Internet and pay any service fees associated with such access to use the Site. In addition, you must provide all equipment necessary for you to access the Internet. You are and will remain solely responsible for the purchase, hook-up, installation, loading, operation and maintenance of any hardware, software, telephone (cable or other) service, and the Internet access service to your personal computer and for all related costs. You are solely responsible for scanning your hardware and software for computer viruses and other related problems before you use them. We expressly disclaim any liability or responsibility for any errors or failures relating to the malfunction or failure of your hardware or software in connection with the use of the Site or Offerings. (see clause 12)
3.1 You represent and guarantee that you are eighteen (18) years of age or older.
3.2 UNH products and the UNH business opportunity cannot be offered, shipped into or sold in any unauthorized countries. For a list of such countries, please click here: unauthorized Countries. UNH is expanding its sales into other markets, accordingly please check for updates periodically.
4. UNH REVENUE SHARING PROGRAM
4.1 UNH products and services are sold on our site and also marketed through UNH’s network of Revenue Sharing (Rev/share) Distributors herein referred to as (the distributor). To purchase UNH products or services, you do not have to become a Rev/Share Distributor. If, however, you are interested in starting your own home-based business as a UNH Rev/Share Distributor please visit our Business Opportunity page. If not please skip this clause and move on to clause 5.
By accepting this agreement (if you are 18 or older), by purchasing the Rev/Share Start up pack and entering a referral coupon number you automatically qualify as a Rev/Share Distributor and also accept the fact that UNH (or your manager) may contact you via emails and maybe by telephone to provide support and training.
4.3 Referral coupon
If you do not have referral coupon number you can contact the company and the company will issue you with a referral coupon number within 48 hours unless the company has good reason to suspect you represent a credit risk or have a history of fraud or misrepresentation. You will then be placed into the rev/share program under your nearest distributor.
4.3.2 It is not the company’s responsibility to investigate your eligibility as a rev/share distributor. Your application will be taken in good faith and the company is not required to investigate or verify your financial or legal status. The company is not involved in, or liable for any financial obligations you have personally, as a company, or as, or as partner to, any other entity, other than the company making commission payments to you as a rev/share distributor, as outlined in this agreement.
Commissions are calculated and paid out monthly on the first Thursday of each month. Details of how these commissions are calculated is outlined on the Business Opportunity page and will remain fixed unless the company has no option but to alter the commission structure due to changes in the financial climate. If the event of any such changes all Rev/Share Distributors will be notified in writing at least 90 days in advance.
NOTE: Commissions are calculated on the gross sale amount, less shipping cost, and if sales are within New Zealand are less GST.
4.4.1 New Zealand Tax Liability
A copy of this exemption must be provided to UNH. This is recommended. If you are a New Zealand resident then UNH will be required to pay withholding tax on your behalf as a sub-agent at the current rate designated by New Zealand Inland Revenue. You will receive an annual statement showing the tax paid on your behalf so you can claim this back as a tax rebate if eligible. If you operate your own business, company or partnership then it is your responsibility to apply to New Zealand IRD for a withholding tax exemption (IR330) and not the responsibility of UNH.
4.4.2 Non-New Zealand Tax Liability
If you are not a New Zealand resident, then you, the distributor are liable for any import duty, sales taxes, income taxes, or any other extra fees, charges or other taxes that you may be liable for as a result of buying, reselling or distributing the products or offerings, or from any commissions payed to you as a distributor, according to the law of your country of residence.
4.4.3 Tax Liability General
The company is otherwise relieved of any responsibility for calculating, estimating, predicting, reimbursing, or otherwise contributing to any tax liability, fees or charges, payable by you as a distributor, agent or retailer.
4.5.1 As a Distributor you may advertise the UNH products and Business opportunity using only the banners, video, text ads, emails and other promotional materials provided by UNH on the site and within the back office system provided by UNH. No other material, which mentions the company, or its products by name, may be used.
4.5.2 Generic Advertising
The distributor may also advertise the “business opportunity” in any other form in any media using generic terms which do not refer to the company directly by name, or its products or offerings specifically. (This will be referred to as generic advertising) Examples of this generic advertising will be provided during training.
4.5.3 No statement claiming to diagnosis, prevent, treat or cure any disease or health condition will be made in any advertising by any distributor, agent or retailer.
4.5.4 The cost of all advertising will be at the expense of the distributor and no costs will be passed on to the company.
4.5.5 UNH takes no responsibility for any generic advertising made by distributors that is construed to be mis-leading or which contravenes any local regional jurisdictions or advertising standards (see 4.6)
4.5.6 If any advertising is seen by UNH to potentially cause damage to the company or the good reputation of the products or other offerings, or which appears to mislead the referred customers, then UNH has the right to cancel this agreement without further notice and the distributor may be removed from the Rev/Share network.
4.6 Insurance and Liability
The customer, distributor, agent or retailers indemnifies the company against any claims or complaints made by the customer or referred customer for damages, adverse reactions, lack of results, construed from advertising, mis-representation of products or statements made by the distributor, agent or retailer either in emails, verbal communications or advertising of any kind. The Distributor, agent or retailer will, at their own cost, establish liability or professional indemnity insurance, as they see fit, to cover any claims made against them from such complaints or legal proceedings taken by the customer or referred customer. UNH is not responsible for your insurance policy payments.
Training will be given by way of video, email, phone or skype and sometimes in seminars and will be managed primarily by your personal manager. Your manager is the person who referred you into the Revenue Sharing Program. All other detailed information about the operation of the revenue sharing program is available by visiting the business opportunity page on the site, or by contacting the company directly via the contact us link on the website.
5. UNH CUSTOMER ORDERS
5.1.1 Unless Ultimate Herbal Health Ltd (the Company) expressly agrees in writing to any alterations or other special conditions of sale (Customised Conditions), the User’s order will be taken to be an order incorporating these terms and conditions (Terms and Conditions) which apply to the whole or any executed part of an order.
5.1.2 When communicating about orders, you must include your purchase order number.
5.1.3 The Company reserves the right to refuse at the Company’s absolute discretion any order within seven (7) days after the order is received and at any time to refuse to accept or proceed with any order if the credit-worthiness of the User is, in the Company’s opinion, unsatisfactory.
No cancellation of an order will be accepted after delivery of the products or after seven (7) days from the date shown on the User’s order, except in writing and then only with the prior written consent of the Company.
Prices for the products are as provided in the Company’s current price list, which may be altered from time to time without notice to the User. The price quoted by the Company is expressly stated to be exclusive of any sales tax applicable outside of New Zealand, and all sales tax or import duty due, must be paid by the customer within their respective territory.
5.4 Payment Terms
Payment Terms are strictly cash prior to dispatch of any product. Payment must be made online on the companies website, by Paypal, credit card, cheque or by direct credit to the Company’s nominated bank account. Any wire transfer fees will be at the customer’s expense.
5.5.1 Any representation, promise, statement or description by the Company or any representative of the company, agent, distributor or other person or company is expressly excluded and the User acknowledges that it has relied solely upon its own inspection and skill and judgement and not by reason of any such representation, promise, statement or description.
5.5.2 All photographs, weights, illustrations, dimensions and any other particulars given on the site, or contained in descriptive literature are approximate only and deviations there from shall not violate the agreement or be made the basis of any claim made against the Company.
5.5.3 Clerical errors are subject to corrections including without limitation, computer or system errors, which result in incorrect product codes, description or pricing printed on delivery documentation and invoices.
5.6 Acceptance and Delivery
5.6.1 The products will be delivered to the User’s nominated delivery address unless the Company agrees otherwise in writing.
5.6.2 The Company will have the sole and absolute discretion as to the choice of carrier and method of carriage of the products. Should the User nominate their own carrier then all costs of delivery including insurance will be at the User’s expense.
5.6.3 Any time quoted for delivery is an estimate only. The User is not relieved of any obligation to accept or pay for products because of any delay in delivery.
5.6.4 The Company is not liable for any failure to deliver or delay in delivery for any reason including, without limitation:
– act of God, lightening, fire, flood, explosion, earthquake
– strike, lock-out or other labour difficulty
– breakage, accident or other damage to, or failure of, machinery or equipment, whether of the Company’s or of any person on which the Company is relying, directly or indirectly, to meet the Company’s obligations to the User
– unavailability or shortage of raw materials, labour, power supplies, or transport facilities; or
failure or inability to obtain license or the effect of any applicable laws, orders, rules or regulations of any government or competent authority.
5.6.5 If the Company determines that it is or may be unable to deliver within a reasonable time or at all the order may be cancelled by the Company. If the order is cancelled, the User will have a fair claim against the Company for any damage, loss, cost or expense under clause 5.9
5.7 Claims for wrongful delivery
Any claim by the User for wrongful delivery, damaged products or products not fit for sale must be notified to the Company in writing within 14 days of delivery of products. Any claim, which the User does not notify within that time, (time being of the essence), will be taken to have been absolutely waived.
5.8 If is your responsibility to check that the products you receive are in good order and take immediate steps under point 5.9 if any defect is observed.
5.9 100% Guarantee
The Company guarantees 100% to refund or replace (on return of the products purchased) all products manufactured by the Company, if the company is unable to deliver the products within 30 days, if the customer is seriously unhappy and disappointed with the lack of results which were implied on the company’s website, or if the company and customer determines the products are defective in materials or workmanship under normal use, up to the relevant item’s expiry date.
5.9.1 The liability of the Company under this guarantee is limited to the refund or replacement of defective products. All other costs, including freight, must be paid by the User.
5.9.2 To obtain the benefit of the guarantee, the User must notify the Company in writing on becoming aware of the alleged mis-representation or defect within 30 days of delivery. The guarantee does not include any mis-representation made by any agent, affiliate, reseller or distributor.
5.9.3 If product is returned and is part of Rev/Share distributors monthly order it will be replaced without affecting the commissions payable to the distributor. If the distributor does not accept replacement and asks for a refund, then the distributor will not be eligible for commission payment.
So far as the law permits, the liability of the Company under the guarantee is limited, at the Company’s option, to:
– the replacement of the products
– the cost of replacing the products or of acquiring equivalent products
5.10.1 The User agrees to release, hold harmless and indemnify the Company to the maximum extent permitted by law from and against any liability whatsoever and howsoever arising in connection with the safe use of the products by the Customer.
5.11 Title and Risk
Property in, and ownership of, the products will not pass from the Company to the User until the User has paid for them in full. The risk of loss of, or damage, to the products will pass to the User on delivery.
5.12 Return of Products
It is a condition of the sale of the products that the Company is not obligated to accept in any case, the return of products for credit. All claims must be submitted in writing within 30 days of receipt of the products. The following conditions relating to the return of products for credit apply to all products returned for this purpose with the approval of the Company.
5.12.1 Products cannot be returned for credit except with the prior written notice issued to the company.
5.12.2 In every case the original invoice/order number and date must be quoted.
5.12.3 All returned products must be in their original saleable packaging and include all manuals and instructions.
5.12.4 Return freight and transport charges are the responsibility of the User unless the Company otherwise agrees in writing.
5.12.5 Where the products are returned for reasons other than the fact that they are faulty, damaged or incorrectly delivered, the Company reserves the right to apply a restocking fee of 15% of the sale price of the return products.
Failure by the Company to insist on strict performance of any term, guarantee or condition of the agreement will not be taken as a waiver of it or of any rights the Company may have and no waiver will be taken as a waiver of any subsequent breach of any term, guarantee or condition.
6. WHOLESALE CUSTOMERS
If you are an existing wholesale customer or if you wish to buy the Ultimate Herbal Health products at wholesale prices in future, then you are also bound by this agreement in its entirety, including the use of the company website and other offerings, advertising, and all other points outlined within this agreement.
6.2 Account application
To become a new wholesale customer you must apply in writing to Ultimate Herbal Health by email to firstname.lastname@example.org or by using the contact us section of the website. An account application will be forwarded to you. Your application will then be assessed and approved at the discretion of the company.
All wholesale customer orders are bound by the same terms and conditions as Rev/Share distributors and end customers, see points 4 and 5 and all sub-points above.
The products may be sold in store only, and no other direct retail of the products or other offerings may be advertised either online or in printed advertising of any kind outside of the “brick and mortar” store which is owned by the retailer and specified as the “retail site” in the account application. The product cannot be sold at trade shows, expos, seminars or any other venue other than the retail site.
7. COMMUNITY FORUMS
Community pages, twitter, facebook, question pages or other interactive areas that are or may be offered on the Site (“Community Forums”) are provided to give users a place to share their opinions and put forward their ideas and experiences. The individual who posts content in the Community Forums (“Community Content”) is responsible for the reliability, accuracy, and truthfulness of such content, and the company has no control over this content. Additionally, we have no control over whether any such posted material is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.
The company does not and cannot review every message posted by users in the User Forums, and is not responsible for the content of these messages or the views or opinions expressed by the users of the User Forums. Information disclosed in the Community Forums is by design revealed to the public. We reserve the right, but are not obligated, to delete, move or edit content, in whole or in part, submitted by you to the Site for any reason in our sole discretion.
You understand that the uploading to and/or posting of any Community Content in any User Forum shall not be subject to any obligation of confidence on the part of Company, and we shall not be liable for any use or disclosure of any Community Content.
7.2 Restrictions on Use
In consideration for your use of the Community Forums and functionality, you agree to comply with the “Community Guidelines” set forth below. Without limiting our other rights and remedies, individuals who violate the following Community Guidelines may, at our sole discretion, be permanently banned from using the Site. You may not:
a) harass, stalk or otherwise abuse another user;
b) transmit, post, send, upload, distribute, submit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of UNH), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
c) transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party (including that of UNH);
d) transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interferes with any third party’s use and enjoyment of the Site;
e) transmit, post, send, upload, distribute, submit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes; or violate any applicable local, state, federal or international law, rule or regulation.
f) participate in any part of the Site if you are under the age of 18.
g) transmit, post, send, upload, distribute, submit or otherwise make available through the Site any content containing any solicitation of funds, promotion, advertising, or solicitation for products or services. You also hereby acknowledge that you are prohibited from soliciting other guests to join or become members of any commercial online service or other organization.
h) Collect or harvest the information of any user or otherwise access the Site using automated means (including but not limited to harvesting bots, robots, spiders or scrapers).
i) “frame”, “mirror” or “deep link” any part of the Site or other Offerings without our prior written authorization.
We do not endorse the Community Content in the Community Forums and specifically disclaim any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Community Content provided through a User Forum.
You agree to indemnify us for any and all third party claims, damages, losses, and causes of action arising from or as a result of your posting or uploading any Community Content to any User Forum or submitting any Community Content to us, or your failure to comply with the Community Guidelines.
8. OUR INTELLECTUAL PROPERTY RIGHTS
This Site and all of the content it contains, or may in the future contain, including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, copyrights, logos, domain names, code, trade names, service marks, patents and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “Material”) are owned by or licensed to us or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by us, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Material. Nothing contained in this Agreement or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of us that own the Material or intellectual property displayed on the Site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by this Agreement will constitute a violation of this Agreement and may constitute copyright and/or patent infringement. Ultimate Herbal Health, UNH, Iconherb, Brett Elliott, our logos, brand and the name of the products produced, marketed, sold or distributed by the UNH, are trademarks of Ultimate Herbal Health Limited (New Zealand).
9. MEMBERSHIP AND REGISTRATION
Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site.
If you register with the Site, or join our Rev/Share program, you agree to accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your membership, any membership rights or any Site issued email address. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Site or your Site issued email account using your name in whole or in part. We may, in our sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.
10. IDEA SUBMISSIONS
We are pleased to hear from users and welcome your comments regarding UNH’s services and products. Nevertheless, our long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). While we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions, or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by us or our affiliates’ professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as show designs, photographs, drawings, or original artwork.
Any Submission may be used by us without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. We shall have and are irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the submission.
By submitting a Submission to this Site or us, you represent that such Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. All Submissions to the Site and/or us shall be our sole property and will not be acknowledged or returned. You agree and understand that we are not obligated to use any Submission you make to the Site and you have no right to compel such use. You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to us does not place us in a position that is any different from the position held by members of the general public with regard to your Submission. You understand and acknowledge that we have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by our own principals and employees. Many ideas or stories may be competitive with, similar or identical to your Submission in theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical material.
YOUR USE OF THIS SITE, THE OTHER OFFERINGS AND PRODUCTS, IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES (APART FROM THOSE OUTLINED IN POINT 5.9-5.13) OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER UNH, NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER UNH, NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
12. LIMITATIONS OF LIABILITY.
UNH assumes NO responsibility, nor will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Site, or your downloading of any information or materials from the Site. IN NO EVENT WILL UNH, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED TO THE SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM (INCLUDING ALLERGY OR ANY OTHER REACTION OR HEALTH COMPLAINT) WITH OR ARISING FROM USE OF THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED IN THESE TERMS AND CONDITIONS IN POINT 5 AND ITS SUBPOINTS.
You agree to indemnify and hold UNH and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site and its other offerings, your connection to the Site, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of the user’s membership as a distributor or customer and this indemnity survives termination of these Terms and Conditions.
14. TERMINATION; MODIFICATION
We will determine your compliance with this Agreement in our sole discretion and our decision shall be final and binding. Any violation of this Agreement may result in restrictions on your access to all or part of the Site (including any Web Property or email address provided by the Site) and may be referred to law enforcement authorities. No waiver of any of this Agreement shall be of any force or effect unless made in writing and signed by a duly authorized officer of UNH. We reserve the right to modify or discontinue this Site, or any portion thereof (including, without limitation, any site that resides on the MLM digital Platform) without notice to you or any third party. Upon termination of your membership or access to the Site, or upon demand by UNH, you must destroy all materials obtained from this Site and all related documentation and all copies and installations thereof.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect.
15. NEW ZEALAND LAW
We operate the Site from New Zealand. Information contained on this Site may not be appropriate or available for use in other locations, and access to this Site from territories where the content of the Site may be illegal is prohibited. If you choose to access the Site or other Offerings from locations outside of New Zealand, you are responsible for compliance with local laws if, and to the extent that, such local laws are applicable.
We reserve the right, in our sole discretion, to limit the availability of the Site or other Offerings to any person, geographic area or jurisdiction at any time.
The laws of the New Zealand apply to this Agreement and will specifically be governed by such. Any dispute between you and us must be brought before a New Zealand court within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in New Zealand for any cause of action relating to or arising under this Agreement or the Site.
17. ABILITY TO ACCEPT AGREEMENT
You affirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and guarantees set forth in this Agreement, and to abide by and comply with the terms and conditions of this Agreement.
18. CONTACT US
If you have any questions, comments or concerns about our Site, any Offerings or this Agreement, you may contact us at +647-5442863
Last Revised on March 31, 2015.