Terms and conditions
TERMS AND CONDITIONS OF WEBSITE USE
This website may contain links to websites owned by third parties. Global Natural Health Solutions (dba "GNHS"), and its subsidiaries, are not responsible for any content of any website linked to or from this website. Links to or from this website are a convenience only, and do not imply endorsement, sponsorship, or any affiliation with GNHS or this website nor guarantee that the information they contain is accurate. This website is made available AS IS and AS AVAILABLE without any warranty of any kind. GNHS makes no representations, guarantees, or warranties regarding the accuracy, reliability, or completeness of the content (text and/or images) of this website. GNHS, to the greatest extent permissible by law, disclaims any and all warranties, express or implied. Further, GNHS does not warrant or represent that this site or the server that makes it available is error-free or that the site will be uninterrupted or free of defects, including, without limitation, computer viruses, worms, bugs, time-bombs, or any other similar problems and/or defects.
GNHS shall not be liable for damages of any kind including, without limitation, compensatory, special, incidental, exemplary, lost profits, loss of revenue, and/or consequential damages arising out of your access to or inability to access this site, or your use of or reliance upon this site or the content hereof. Further, GNHS is neither responsible nor liable for your use of other websites that you may access via links within this site.
Notification of Changes to this Policy
"Global Natural Health Solutions." is continually improving and adding new functionality and features to this website and improving and adding to its existing services and programs. Because of these ongoing changes, changes in the law and the changing nature of technology, "GNHS." data practices will change from time to time. If and when our data practices change, "GNHS" will post the changes on this website to notify you of the changes.
Personal Data Collected Through This Website
The only personal data "GNHS" currently collects through this website is the information you give us when you use our site. This includes, for example, the information you provide when you send us your comments or request information. "GNHS" uses the information you provide for the purposes for which it was originally collected; for example, to respond to your e-mail or provide the information or services you requested. "GNHS" also uses this information to help us improve the content and functionality of our websites, to better understand the needs and interests of the people and organizations that use our website, and to improve our programs and services. "GNHS" may use this information to contact you in the future to tell you about organizations, programs, services, and other things we believe will be of interest to you. "GNHS" may share the personal information you provide to us with consultants and other third parties who act for or on behalf of "GNHS", for further processing or analysis. In addition, there may be some other, limited circumstances in which "GNHS" may share or transfer the personal information in its databases, for example, to comply with a legal requirement, for the administration of justice, to protect your vital interests, to protect the security or integrity of our databases or this website, to take precautions against legal liability, or in the event of a corporate merger, reorganization, dissolution or similar event.
Anonymous Data Collected Through This Website
In addition to the information you provide when you use our website, "GNHS" uses technology to collect anonymous information about the use of our website. For example, we use technology to track how many visitors access our website, the date and time of their visit, the length of their stay, and which pages they view. We also use technology to determine which web browsers our visitors use and the address from which they accessed our site. This technology does not identify you personally. It simply enables us to compile statistics about our visitors and their use of our site. "GNHS" uses this anonymous data and shares it with third-parties for various reasons, for example, to improve the content and functionality of our website, to better understand the needs and interests of our visitors, to improve our programs and services.
In order to collect the anonymous data described in the preceding paragraph, "GNHS" may use temporary "cookies" that collect the first level domain name of the user (for example, if your e-mail address is "firstname.lastname@example.org," the cookie collects the "xyz.com" portion of your e-mail address) and the date and time you accessed this website. Cookies by themselves cannot be used to discover the identity of the user. A cookie is a small piece of information which is sent to your browser and stored on your computer’s hard drive. Cookies do not damage your computer. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not. At the present time, "GNHS" only uses temporary or "session" cookies. These "session" cookies expire when your browser window is closed. In order for certain applications on "GNHS" websites to function properly, if at all, it is necessary for your computer to accept cookies.
Links to Other Sites
TERMS AND CONDITIONS OF SALE
1) ENTIRE AGREEMENT Any of the terms and provisions of Buyer’s order which are inconsistent with the terms and provisions hereof shall not be binding on Global Natural Health Solutions shall not be considered applicable to the sale of the products mentioned herein. No modification hereof shall be valid unless in writing and duly signed by a person authorized by GNHS.
2) PRICES Prices are subject to change without notice. Unless otherwise specified on the order, prices are for the specific quantity stated and do not include taxes, nor charges for transportation, special packaging or marking, or testing, if applicable.
3) QUANTITY DISCOUNTS When quantity price discounts are quoted, they are computed separately for each type of product or service and are based on the quantity of each type and each size ordered at any one time for immediate delivery. If any order is reduced or cancelled (subject to GNHS), it is agreed that prices will be adjusted upward to the higher prices, if applicable, for the quantity not cancelled.
4) TAXES Unless prohibited by statute, Buyer agrees to pay GNHS the amount of any Federal, State, City or other tax, import or export duty, tariff or customs charge levied by any jurisdiction either inside or outside the United States that GNHS may be required to pay on account of the ownership at the place of installation, or the provision of service, or the manufacture, transportation, sale or use of the product or service which is the subject of this contract.
5) TERMS Unless otherwise stated, payment terms shall be prepayment prior to shipment of product or provision of service, with any credit subject to approval by GNHS of amount and terms of credit. GNHS reserves the right to require payment in advance or otherwise modify credit terms either before or after acceptance of any order if for any reason Buyer’s credit is or becomes objectionable to GNHS. Pending correction of any objectionable credit situation, GNHS may withhold shipments without incurring any liability to Buyer.
6) MODIFICATIONS Unless otherwise provided, GNHS reserves the right to modify product specifications of products or services ordered by the Buyer herein providing that the modification will not materially affect form, fit or function.
7) GOVERNING LAWS The terms of this agreement and all rights and obligations hereunder, shall be governed in accordance with the laws of the Commonwealth of Delaware. Buyer hereby consents and submits to the jurisdiction of the appropriate courts in the Commonwealth of Delaware for adjudication of any question, law of fact arising hereunder.
8) LIMITATION OF LIABILITY GNHS will not be liable for any loss, damage, cost of repairs, incidental or consequential damages of any kind, whether or not based upon express warranty or implied warranty (except for the obligations assumed by GNHS under the Product Warranty Clause), contract, negligence, or strict liability arising in connection with the design, manufacture, sale, use or repair of the product or service. In no event will GNHS be liable to the Buyer for any amount in excess of the purchase price of the product or service which proves to be defective.
9) WARRANTY The only warranty provided, express or written, is provided in writing within the user manual of each product. The exclusive remedy related to product received by Buyer confirmed by GNHS to be defective is repair and/or replacement, at discretion of GNHS
10) FORCE MAJEURE GNHS shall not be liable for any failure, delay, or interruption in performance due to strikes, lockouts, labor disturbances, acts of God, explosions, fires, and other accidents.
11) ARBITRATION Any claims and disputes arising under or relating the Sales Agreement between GNHS and Buyer are to be settled by binding arbitration in the governing jurisdiction as specified within section 8 of these terms and conditions. An award of arbitration may be confirmed in a court of competent jurisdiction.
12) SUPPLEMENTAL CLAUSES FOR EXPORT ORDERS In addition to all other terms and conditions stated within this document, the following terms and conditions apply to orders which are exported to locations outside of the United States:
A) Currency: The prices quoted herein are payable in U.S. Dollars.
14) SUPPLEMENTAL CLAUSES FOR GNHS ORDERS In addition to all other terms and conditions stated within this document, the following terms and conditions apply to orders for GNHS Software
A) GNHS Software Term: A subscription is valid for the term stated within the order and is issued in monthly or one-year increments.
H) Service and Support: GNHS provides support as part of the GNHS software. Buyer agrees to treat software and related files as confidential information between the two parties and, as such, only receive support and facilitate access to such information only by GNHS authorized service representatives. Further, Buyer agrees that GNHS will not be held liable for any errors induced by provision of unauthorized service and that additional costs may be incurred if GNHS expends effort to remedy any such errors. Buyer agrees to all provisions of the Service Agreement.
I) License Renewal and Termination: Upon expiration of the software term (“Expiration Date”), the plan is automatically renewed for a one-year increment unless, within not less than ninety (90) calendar days prior to Expiration Date, either party notifies the other in writing, receipt of which is confirmed, of its intent not to renew. Either party may choose not to renew for any or no reason. Additionally:
- Full Term: No credit will be given or pro-rated for any partial use of software term by Buyer.
J) Suspension of Service: GNHS reserves the right to disable Buyer’s ability to use the software as a result of failure to pay any outstanding invoice balance.
K) Private Health Information (PHI): From time to time, technical services representatives of GNHS may be provided access PHI of Buyer’s patients in order to support the software. GNHS has information security policies and practices in place complaint to HIPAA requirements.GNHS can enter into a separate Business Associate Agreement (BAA) with Buyer as a contracted services provider.
13) REVISION GNHS reserves the right to modify these terms and conditions without prior notice.
Periodic software updates for the SOFTWARE SYSTEM will be necessary and GNHS reserves the right to continually update the software and possibly change the platforms that the SOFTWARE SYSTEM uses or requires and to install such updates to the end user with their permission.
This SOFTWARE SYSTEM, all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. The user must assume all risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement. GNHS is not responsible and shall not be liable for the integrity of your data.
Any liability of GNHS will be limited exclusively to refund of purchase price. In addition, in no event shall GNHS, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, punitive or any other damages whatsoever relating to the use of SOFTWARE SYSTEM.
In addition, in no event does GNHS authorize you to use this SOFTWARE SYSTEM in applications or systems where SOFTWARE SYSTEM's failure to perform can reasonably be expected to result in an injury to a person, physical or otherwise, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold GNHS harmless from any claims or losses relating to such unauthorized use. You also agree that in no event does GNHS authorize you to use this SOFTWARE SYSTEM in applications or systems where SOFTWARE SYSTEM's failure to perform can reasonably be expected to result in damage to your property or property of another party.
This Agreement constitutes the entire statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of Delaware.
This SOFTWARE SYSTEM and all services provided may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is strictly prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. You agree to indemnify and hold GNHS harmless from any claims resulting from the use of this SOFTWARE SYSTEM, which may cause damage of any kind to any other party.
CUSTOMER SERVICE AGREEMENT
This Service Agreement is provided to Customer by GNHS (the “Company”) and describes the service obligations of the Company as well as the continuing obligations of the Customer. Failure by the Customer to comply with the requirements of this Agreement, to the extent that they adversely affect the performance of the GNHS software , shall serve to void any obligations of the Company to the Customer pursuant to this Agreement.
1. INSTALLATION REQUIREMENTS
a. Customer must have a network in place
a. Initial training is provided entirely online via webinar format.
3. SUPPORT RESPONSIBILITIES
Ongoing Customer support by the Company is dependent on the prompt payment of the annual/monthly fee per the sales terms and conditions
a. Global Natural Health Solutions
i. Prompt phone and email based Customer support via the Company’s national support number and support email address for issues including, but not limited to:
1. Issues accessing GNHS Software. 2. Questions about GNHS Software usage or functions.
3. Software updates, and upgrades to the GNHS Software
ii. The Company shall provide Support remotely. Unless otherwise expressly agreed to in writing between the parties. b. CUSTOMER
i. The Customer is solely responsible for:
1. Continued support and maintenance of its computers and network.
2. Providing sufficient network bandwidth perform at a customer desired level.