Privacy Policy

This is the privacy policy for all "Wealth-is-Health" sites and associated online content

Wealth-is-Health Privacy Policy

Including General & Usage Terms

These terms and conditions outline the rules and regulations for the use of Wealth-is-Health's Website(s) owned by Fisher Group - Kingfisher Associated Pty Ltd TA Fisher Group, registered in Australia ABN (81103792703) and in partnership with Skillen Holding Pty Ltd ABN (12590475931) this joint venture is simply referred to as “Wealth-is-Health”. This includes all subsidiaries and companies owned by Wealth-is-Health as independently owned and operated by each of the above-mentioned parties. Including but not limited to, any and all websites, landing pages, online businesses as are owned by the “Wealth-is-Health” group, this includes all licensing, software, programs, apps & interfaces owned and or licensed by the individual entities or combined or collectively as a joint venture and incorporates all other companies and business assets owned by the entity(s) of “Wealth-is-Health”

Here after simply referred to as “Wealth-is-Health” the Fisher Group also owns and operates Great Southern Land – registered address:

500 Delaware Ave #1960, WILMINGTON 19801 - DE, United States and US EIN 37-1881928,

Great Southern land operates in USA only and is owned by Kingfisher Associates TA Fisher Group (ABN 81103792703) all communication to be directed to office address: Green Accounting, Level 1, 570 President Ave, Sutherland NSW 2232, Australia, for convenience’s sake all legal matters will be managed under Australian law as all owners currently reside in Australia

By accessing this website, landing page or URL you accept these terms and conditions in full. Do not continue to use Wealth-is-Health's digital services or associated websites if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting the Client's needs in respect of the provision of the Company's stated services/products, in accordance with and subject to, prevailing law of Australia. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

We do sometimes employ the use of cookies. By using Wealth-is-Health's website(s), you consent to the use of cookies in accordance with Wealth-is-Health's privacy policy. Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Wealth-is-Health and/or it's licensors own the intellectual property rights for all material on all Wealth-is-Health sites. All intellectual property rights are reserved. You may view and/or print pages from www.wealth-is-health.com, for your own personal use subject to restrictions set in these terms and conditions.

You must not:

Republish material from any of our sites.

Sell, rent or sub-license material from any of our sites.

Reproduce, duplicate or copy material from any of our sites.

Redistribute content from Wealth-is-Health or any of our sites. (Unless content is specifically made for redistribution and provided with our consent or written approval).

Hyperlink to our Content on any of the above-listed sites.

The following organizations may link to our Web site without prior written approval:

Some Government agencies;

Search engines;

News organizations;

Online directory distributors when they list us in the directory may link to our Web sites in the same manner as they hyperlink to the Web sites of other listed businesses; and Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web sites.

These organizations may link to our home pages, to publications or to other Web site information so long as the link:

(a) is not in any way misleading;

(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and

We may consider and approve in our sole discretion other link requests from the following types of organizations:

Commonly known consumer and/or business information sources such as Chambers of Commerce and Consumers Unions; dot.com community sites; associations or other groups representing charities, including charity giving sites, online directory distributors; internet portals; accounting, law and consulting firms whose primary clients are businesses; and educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Wealth-is-Health and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home pages, to publications or to other Web site information so long as

The link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to adrianjfisher@gmail.com.

Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web sites as follows:

By use of our corporate name; or

By use of the uniform resource locator (Web address) being linked to; or

By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.

No use of Wealth-is-Health's logos or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web sites. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our websites

If you find any link on our Web sites or any linked web sites objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website and others is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website(s) remains available or that the material on the website(s) is/are kept up to date.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site(s). You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or

other violation of, any third-party rights.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website(s) and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury resulting from negligence.

limit or exclude our or your liability for fraud or fraudulent misrepresentation.

limit any of our or your liabilities in any way that is not permitted under applicable law;

or exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a)

are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website(s) and the information and services on the website(s) are provided free of charge, we will not be liable for any loss or damage of any nature.

-- Your privacy is critically important to us.

Wealth-is-Health is an online entity only as such Great Southern Land (one of our companies is located at:

500 Delaware Ave 1960

DE, United States

Tel No +1-302-298-0814

To contact Adrian Fisher directly please call +61 407 734 494

Or though Green Accounting Sutherland - Level 1 570 President Avenue Sutherland NSW 2232 Tel 02 9548 3333

It is Wealth-is-Health's policy to respect your privacy regarding any information we may collect while operating our website(s). This Privacy Policy applies to all companies owned and operated by the “Wealth-is-Health” entity and various legal entities, including all other subsidiaries owned by Wealth-is-Health owners (hereinafter, "us", "we", or "www.wealth-is-health"). We respect your privacy and are committed to protecting personally identifiable information you may provide us through the Website(s). We have adopted this privacy policy ("Privacy Policy") to explain what information may be collected on our Website(s), how we use this information, and under what circumstances we may disclose the information to third parties. This Privacy Policy applies only to information we collect through the Website(s) and does not apply to our collection of information from other sources.

This Privacy Policy, together with the Terms and conditions posted on our Website(s), set forth the general rules and policies governing your use of our Website(s). Depending on your activities when visiting our Website(s), you may be required to agree to additional terms and conditions.

- Website Visitors

Like most website operators, Wealth-is-Health collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Wealth-is-Health's purpose in collecting non-personally identifying information is to better understand how Wealth-is-Health's visitors use its website(s). From time to time, Wealth-is-Health may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website(s).

Wealth-is-Health also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on www.wealth-is-health or associated sites blog posts. Wealth-is-Health only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.

- Gathering of Personally-Identifying Information

Certain visitors to Wealth-is-Health's websites choose to interact with Wealth-is-Health in ways that require Wealth-is-Health to gather personally-identifying information. The amount and type of information that Wealth-is-Health gathers depend on the nature of the interaction. For example, we ask visitors who sign up at any of our sites e.g. for a blog at www.wealth-is-health or to obtain a download or free gift we may request users to provide a username, their full names and or phone number and or an email address.

- Security

The security of your Personal Information is important to us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

- Advertisements

Ads appearing on our website may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Wealth-is-Health and does not cover the use of cookies by any advertisers.

- Links to External Sites

Our Service may contain links to external sites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy and the terms and conditions of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites, products or services.

- Aggregated Statistics

Wealth-is-Health may collect statistics about the behaviour of visitors to its website(s). Wealth-is-Health may display this information publicly or provide it to others for example if you provide a public review or make a public comment on our blogs, Facebook page site or any other social media sites related to any of our companies. However, Wealth-is-Health does not disclose your personally-identifying information.

- Cookies

To enrich and perfect your online experience, Wealth-is-Health uses "Cookies", similar technologies and services provided by others to display personalized content, appropriate advertising and store your preferences on your computer.

A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. Wealth-is-Health uses cookies to help Wealth-is-Health identify and track visitors, their usage of www.wealth-is-health and all other subsidiaries owned by Wealth-is-Health’s owners and their website access preferences. Wealth-is-Health visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Wealth-is-Health's websites, with the drawback that certain features of Wealth-is-Health's websites may not function properly without the aid of cookies.

By continuing to navigate our website without changing your cookie settings, you hereby acknowledge and agree to Wealth-is-Health's use of cookies on this site and including all other Wealth-is-Health owned sites and all other subsidiaries owned by Wealth-is-Health’s owners.

Although most changes are likely to be minor, Wealth-is-Health may change its Privacy Policy from time to time, and in Wealth-is-Health's sole discretion. Wealth-is-Health encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

FEES AND BILLING.

ALL fees and billing made payable to WEALTH-IS-HEALTH will be managed through online payment methods, PayPal, Visa, Mastercard etc and all be liable and subject to standard online payment methodologies, rules and regulations as prescribed under Australian law.

Wealth-is-Health as an entity is in no way to be associated with or responsible for any and all taxation responsibilities other than providing standard business documentation such as invoices when payments occur. Consult with your tax advisor prior to making any purchases, some of our purchases occur in USD and some may occur in AUD, there may be complications involved with online purchases, but Wealth-is-Health is in no way to be associated with any of these matters other than providing standard legally required commercial payment documentation such as receipts or invoices.

All Clients and Customer will pay WEALTH-IS-HEALTH all charges for the Services provided under this Agreement. All such charges are exclusive of sales taxes outside of Australia and inclusive of sales taxes if within Australia, all of which the Client or Customer (You) will be responsible for and will pay in full except for any federal, state, or local Taxes on WEALTH-IS-HEALTH income or due to WEALTH-IS-HEALTH 's ownership or use of its real or personal property, except to the extent such personal property is part of the Services hereunder.

Charges. All Customers are required to make any recurring payments by direct debit. All details will be provided as part of our standard purchasing procedure and may be subject to change, however the latest and most up to date information will be provided at the time of purchase. Any contradictory information has no bearing on this or any other clauses and will need to be uniquely clarified and resolved if and when they occur.

Billing and Payment Terms. All Customers are required to make recurring payments by direct debit. Where not possible or if mutually agreed in writing then WEALTH-IS-HEALTH shall issue invoices monthly. Customer shall pay for all undisputed charges, pursuant to Section 2(c) below. Services are invoiced in advance, except that usage-based Services will be invoiced in advance at the minimum charge and, as applicable, will be adjusted based on actual usage. With regards to any of our software, on the Installation Date, Customer will be invoiced for all non-recurring charges and the Monthly Recurring Charges for the then-current month. All payments for undisputed charges are due upon receipt of the invoice and become past due if not paid thirty days after the date of the invoice by Customer. Payments shall be made in U.S. dollars unless otherwise agreed. Payments for undisputed charges not received within thirty days will accrue interest at a rate of one and one-half percent per month, or the highest rate allowed by applicable law, whichever is lower. If Customer makes a late payment hereunder, WEALTH-IS-HEALTH will have the right, upon written notice to Customer, to require additional Security Deposits, as defined below, or to require other reasonable assurances to secure Customer's payment obligations hereunder.

Disputed Charges. In the event Customer disputes, reasonably and in good faith, any charges or portion of charges specified in a WEALTH-IS-HEALTH invoice (the "Disputed Charge"), Customer may withhold payment of such portion that is the Disputed Charge provided that Customer gives WEALTH-IS-HEALTH written notice of, and the basis for, such Disputed Charge within fifteen days after receiving WEALTH-IS-HEALTH 's invoice and Customer pays timely all undisputed charges. The parties shall work together in good faith to resolve any such Disputed Charge. If the parties mutually determine the Customer owes any Disputed Charge, Customer shall pay WEALTH-IS-HEALTH such amount, including interest accrued from the date the payment was originally due to WEALTH-IS-HEALTH pursuant to Section 2(d) within five days of such determination. If the parties are unable to resolve the Disputed Charge within ten days of Customer's notice of the same, WEALTH-IS-HEALTH shall be entitled to pursue its remedies hereunder.

Security Deposit (where applicable).

Payment of Security Deposit. Concurrent with Customer's execution of this Agreement or a Service Change Form/Amendment and as a condition of WEALTH-IS-HEALTH 's obligation to perform under this Agreement or the applicable Service Change Form/Amendment, Customer shall pay to WEALTH-IS-HEALTH a security deposit in the amount set forth on the Deposit Form provided to Customer as part of the credit application package and incorporated herein by reference ("Security Deposit") to secure Customer's performance of its obligations under this Agreement. If a Default by Customer occurs pursuant to the terms of this Agreement, WEALTH-IS-HEALTH may, without further notice to Customer and without prejudice to WEALTH-IS-HEALTH 's other remedies, apply part or all of the Security Deposit toward the cure of Customer's Default. If WEALTH-IS-HEALTH uses part or all of the Security Deposit against any such Default, then Customer shall, within five business days after written demand, pay WEALTH-IS-HEALTH the amount used in order to restore the Security Deposit to its original amount. WEALTH-IS-HEALTH may mix the Security Deposit with its own funds, and Customer shall not be entitled to interest on the Security Deposit. To the extent WEALTH-IS-HEALTH reasonably determines that Customer has paid in full and on time six invoices for the Service(s) for which the Security Deposit was originally issued, then WEALTH-IS-HEALTH shall apply any part of the Security Deposit not used by WEALTH-IS-HEALTH as permitted by this paragraph to subsequent invoices following the sixth invoice (beginning with the seventh or eighth invoice, depending upon billing cycles). Any part of the Security Deposit not used by WEALTH-IS-HEALTH as permitted by this paragraph shall be returned to Customer within sixty days after this Agreement expires or is terminated, provided, however, that WEALTH-IS-HEALTH may first apply the Security Deposit to any outstanding amounts due and payable to WEALTH-IS-HEALTH under this Agreement. If WEALTH-IS-HEALTH assigns this Agreement as provided hereunder, then WEALTH-IS-HEALTH shall be relieved of any liability for the Security Deposit upon delivery or credit of the Security Deposit to any authorized assignee.

ii.

Security Deposit Default. In addition to the other events of Default hereunder, Customer shall be in Default if Customer fails to pay (or repay) timely any or all of a Security Deposit and does not cure such failure within five days after written notice thereof ("Security Default"). In addition to and without waiving any other remedies for Default available to WEALTH-IS-HEALTH hereunder, WEALTH-IS-HEALTH may, without further notice, suspend performance under this Agreement pending a cure of the Security Default.

RIGHTS AND OBLIGATIONS.

Compliance with Law and Rules and Regulations. Customer will comply at all times with all applicable laws and regulations with respect to the Customer Equipment, Software, Licensing, Services and Customer's use thereof and of the Services, and WEALTH-IS-HEALTH will comply at all times with all applicable laws and regulations with respect to WEALTH-IS-HEALTH 's provision of Services hereunder. Customer will comply at all times with the material terms of WEALTH-IS-HEALTH 's general rules and regulations relating to its provision of Services, as set forth at www.wealth-is-health (the Privacy Agreement including all "Rules and Regulations"). WEALTH-IS-HEALTH may amend the Rules and Regulations or relocate them periodically provided that Customer is informed in advance of any such amendments or relocation and the amendments do not unreasonably and adversely alter the provision of Services hereunder. Customer acknowledges that WEALTH-IS-HEALTH exercises no control whatsoever over the content of information passing through the Customer Equipment, software, applications, services and equipment and facilities used by WEALTH-IS-HEALTH to provide Services, and that it is Customer's sole responsibility to ensure that any of the information it transmits and receives complies with all applicable laws and regulations.

Access and Security. Customer will give written notice to WEALTH-IS-HEALTH of the individuals who are or are not authorized by Customer to have access to the Customer Area. WEALTH-IS-HEALTH will also endeavour to notify the customer as soon as WEALTH-IS-HEALTH becomes aware of any such breach and will notify the customer of any changes it is aware of to such authorization. WEALTH-IS-HEALTH will always attempt to maintain a secure list of the Permitted Individuals and will have the right to limit Customer's access to the IDC INTERNET DATA CENTER (IDC) solely to the Permitted Individuals. While in the IDC, each individual representing or otherwise entering for or on behalf of Customer (each, including each Permitted Individual, a "Representative") will comply at all times with the terms and conditions of this Agreement, including the Rules and Regulations. Without limiting the foregoing, each Representative will comply with WEALTH-IS-HEALTH 's security and safety procedures, including without limitation, sign-in, identification and escort requirements as in effect from time to time. WEALTH-IS-HEALTH may refuse entry to, or require the immediate departure of, any individual who (i) is disruptive or threatening, (ii) has failed to comply with this Agreement, including the Rules and Regulations, or (iii) has failed to comply with any of WEALTH-IS-HEALTH 's other procedures and requirements after being notified of them.

No Competitive Services. Customer may not, directly or indirectly resell, license, allow access, loan, let out, give away or permit the resale, use, access, letting or subletting of any of the services provided by WEALTH-IS-HEALTH including licenses, applications, systems, processes, concepts, ideas or services without prior written consent by WEALTH-IS-HEALTH explicitly identifying the parties involved and the conditions and or services to be utilized.

Interconnection. Customer may not cross-connect Customer's Property with equipment of other entities or persons within the IDC or any other WEALTH-IS-HEALTH facility, customers, services, applications, licenses, associations, organizations, groups or entities. Customer may, pursuant to Section 1 above, request that WEALTH-IS-HEALTH initiate a cross-connect(s) for Customer.

Damage Prevention. Customer shall not damage, or suffer or permit any damage by the Customer Equipment, services, licenses, applications by any Representative, or any other action or inaction of Customer or any person under Customer's direct or indirect control, to the Customer Area, the IDC, any other portion of the software, applications, licensing or physical building or property in which the IDC is located, or the software, services, licensing or equipment of WEALTH-IS-HEALTH or any other customer. The Customer Equipment and Customer's Business shall not cause damage to the IDC or WEALTH-IS-HEALTH. Customer and its Representatives will refrain from using any software, services, applications or facilities, equipment, tools, materials, apparatus, or methods that, in WEALTH-IS-HEALTH 's reasonable judgment, might cause damage to the IDC or otherwise damage or interfere with the operations of WEALTH-IS-HEALTH or any other WEALTH-IS-HEALTH customer or other people. WEALTH-IS-HEALTH reserves the right to take any reasonable action to prevent harm to the licenses, applications, software, services, personnel or property of WEALTH-IS-HEALTH (and its affiliates, vendors, and customers) or other persons.

Acceptable Use. Without limiting Section 3(a) above, Customer's use of, and Customer's end-users' use of the Services shall comply with WEALTH-IS-HEALTH 's Acceptable Use Policy, as the same may be modified by WEALTH-IS-HEALTH from time to time as stated in this document or located at any other location as WEALTH-IS-HEALTH may periodically designate. If WEALTH-IS-HEALTH has a good faith belief that (i) there is a substantial risk of harm or of liability to WEALTH-IS-HEALTH or to a third party arising from or connected with a violation or suspected violation of this Section 3(i) or (ii) a violation or suspected violation of this Section 3(i) or obligates WEALTH-IS-HEALTH by operation of law to do so, WEALTH-IS-HEALTH may immediately take corrective action, including disconnection or discontinuance of Customer's access to its Internet services or disconnection of Customer's Services, provided, however, that WEALTH-IS-HEALTH shall use reasonable efforts to provide written notice to Customer and a reasonable time to cure any suspected violation, if practicable and if allowed by law, and if the violation is reasonably susceptible to cure.

Removal of Customer's access to services. Immediately upon the expiration of the term or promptly upon earlier termination for any reason of this Agreement. Customer shall remove all of Customer's Data from the IDC and shall return to WEALTH-IS-HEALTH any software, licenses, usage rights, authority, agreements, proprietary knowledge, notes, training information, processes or equipment belonging to WEALTH-IS-HEALTH associated with the Services that were terminated.

Restrictions on Use. Customer shall not and shall not permit others, including its employees and agents, to reproduce, reverse-engineer, decompile, disassemble, alter, translate, modify, adapt, market, resell or sublease any WEALTH-IS-HEALTH Services. Other than as specified in Section 1(c) above and Section 12(b) below or an Addendum hereto, no license, title, or right is granted to Customer to use any Services marks, intellectual property, or copyrighted materials or to any WEALTH-IS-HEALTH software, licensing, applications, processes, systems, workflows or hardware.

Emergency Contacts. Customer shall designate to WEALTH-IS-HEALTH, in writing, emergency contacts, including name, address, telephone, pager and/or email addresses, who will be the primary emergency contact to be notified in the event of an emergency related to the Services. Customer may modify its contact, address, and notification methods periodically with written notice of such modification to WEALTH-IS-HEALTH.

Waiver of Subrogation. Neither party, nor its officers, directors, shareholders, employees, agents or invitees, will be liable to the other party or to any insurance company insuring the other party (by way of subrogation or otherwise) for any loss or damage to its equipment or property within the IDC, or for loss of business revenue or extra expense arising out of or related to its equipment or property within the IDC if a party is required in Section 4(a) above to maintain insurance for such loss or damage or expense.

CONFIDENTIAL INFORMATION.

Confidential Information. Each party acknowledges that it may have access to certain confidential information of the other party concerning the other party's business, plans, customers, technology, software, licensing, processes, procedures, concepts, ideas, products, and services ("Confidential Information"). Confidential Information will include, but not be limited to, each party's proprietary software, technology and trade secrets and customer information, to the extent identified as confidential or proprietary, and the terms and conditions of this Agreement. In addition, Customer agrees and acknowledges that the components, configuration, and method of providing WEALTH-IS-HEALTH Services are proprietary to WEALTH-IS-HEALTH, and as such, is considered Confidential Information. Unauthorized copying, transfer, or use may cause WEALTH-IS-HEALTH irreparable injury that cannot be adequately compensated by monetary damages. Each party agrees that it will not use in any way, for its own account or the account of any third party, nor disclose to any third party (except as required by law or to the disclosing party's attorneys, accountants and other advisors as reasonably necessary and subject to the confidentiality provision hereof), any of the other party's Confidential Information and will take reasonable precautions to protect the confidentiality of Confidential information. Each party is subject to all standard licensing terms and conditions. Each party's obligation under this Section 5 will survive for a period of two (2) years following the expiration or termination of this Agreement.

Exceptions. Information will not be deemed Confidential Information hereunder if such information: (i) is rightfully known to the receiving party prior to receipt from the disclosing party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (ii) becomes known (independently of disclosure by the disclosing party) to the receiving party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (iii) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the receiving party; or (iv) is independently developed by the receiving party.

REPRESENTATIONS AND WARRANTIES.

Warranties by Customer. Customer represents and warrants to WEALTH-IS-HEALTH that: (1) Customer owns or has the legal right and authority, and will continue to own or maintain the legal right and authority during the term of this Agreement, to place and use the Customer Licensing’s, Software, Applications, Processes & Equipment as contemplated by this Agreement; (2) Customer is duly organized and validly existing and has the legal power and authority to enter into this Agreement and to perform its obligations hereunder; (3) the person signing this Agreement on behalf of Customer is duly authorized to do so, and upon its execution by such person, this Agreement is the valid and legally binding obligation of Customer; (4) Customer's services, products, materials, data, information and Customer Licensing, Services & Equipment used by Customer in connection with this Agreement as well as Customer's and its permitted customers' and users' use of the Services (collectively, "Customer's Business") does not as of the Installation Date, and will not during the term of this Agreement operate in any manner that would violate any applicable law or regulation; (5) Customer has read the Rules and Regulations and Customer and Customer's Business are currently in full compliance with the Rules and Regulations, and will remain so at all times during the term of this Agreement; and (6) Customer acknowledges that the Services do not include any voice telephony transmission services and Customer will use the Services only for Internet and data transmission.

Warranties by WEALTH-IS-HEALTH. WEALTH-IS-HEALTH represents and warrants to Customer that: (1) WEALTH-IS-HEALTH owns or has the legal right and authority, and will continue to own or maintain the legal right and authority during the term of this Agreement, to provide the Services as contemplated by this Agreement; (2) WEALTH-IS-HEALTH is duly organized and validly existing and has the legal power and authority to enter into this Agreement and to perform its obligations hereunder; (3) the person signing this Agreement on behalf of WEALTH-IS-HEALTH is duly authorized to do so, and upon its execution by such person, this Agreement is the valid and legally binding obligation of WEALTH-IS-HEALTH, and (4) WEALTH-IS-HEALTH’S Services as supplied to Customer in connection with this Agreement do not as of the Installation Date, and will not during the term of this Agreement, violate any applicable law or regulation.

No Other Warranty. EXCEPT FOR ANY EXPRESS WARRANTY SET FORTH IN SECTION 6(b) HEREIN OR IN THE SLAs, THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMERS USE OF THE IDC AND THE SERVICES IS AT ITS OWN RISK. WEALTH-IS-HEALTH DOES NOT MAKE AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WEALTH-IS-HEALTH hereby expressly disclaims any warranty on Services if WEALTH-IS-HEALTH'S software, services, licenses or equipment is installed, altered, maintained, or repaired by anyone other than WEALTH-IS-HEALTH or its agents. WEALTH-IS-HEALTH is not responsible for any defects or damages to Customer Equipment or Services resulting from Customer's or Customer's agents' or employees' mishandling, abuse, misuse, accident; Force Majeure; or from Customer's use of Services in conjunction with the equipment (i) electrically or mechanically incompatible with Services or (ii) of inferior quality.

LIMITATIONS OF LIABILITY AND INDEMNIFICATION.

Consequential Damages Waiver. In no event will either party be liable or responsible to the other for any type of incidental, punitive, indirect or consequential damages arising from or relating to this Agreement, including, but not limited to, lost revenue; lost profits; replacement goods; loss of technology, rights or services; loss of data; or interruption or loss of use of Services or equipment, even if advised of the possibility of such damages, whether arising under any theory of contract, tort (including negligence), strict liability or otherwise.

Indemnification. Each party (the "Indemnifying Party") will indemnify, defend and hold the other party (the "Indemnified Party") harmless from and against any and all costs, liabilities, losses, and expenses (including but not limited to reasonable attorneys' fees) (collectively "Losses") resulting from any claim, suit, action, demand, or proceeding (each, an "Action") brought by any third party against the Indemnified Party, to the extent not covered by the Indemnified Party's insurance, (i) alleging or arising from the gross negligence or wilful misconduct of the Indemnifying Party or its employees, agents, contractors, or invitees, in the performance or non-performance of its obligations hereunder, or (ii) arising from any failure by the Indemnifying Party or its employees, agents, contractors, or invitees, to comply with the Rules and Regulations, or the law.

Procedures. The Indemnifying Party's obligations under Section 7(c) herein are conditioned upon: (i) the Indemnified Party promptly notify the Indemnifying Party upon receipt of written notice of the Action for which the Indemnified Party seeks indemnity; (ii) the Indemnified Party tendering control of the defence of such Action and any related settlement discussions to the Indemnifying Party (provided, however, that the Indemnified Party may participate in such defence, at its own expense, with counsel of its own choosing and that Indemnifying Party has reasonable approval of Indemnified Party's counsel); and (iii) the Indemnified Party, at the Indemnifying Party's request and expense, reasonably cooperating with and assisting the Indemnifying Party in the Indemnifying Party's efforts to defend the Action. The Indemnifying Party shall obtain the Indemnified Party's prior written consent, which consent shall not be unreasonably withheld or delayed or cause any delay or harm in the settlement discussion, for any settlement or compromise of any such Action that does not include an unconditional release of the Indemnified Party from the indemnified liability hereunder.

TERM. The term of this Agreement will commence on the Effective Date and continue for the Initial Term and Renewal Terms. At the expiration of the Initial Term, this Agreement will automatically renew for successive terms of 90 days (each a "Renewal Term") subject to Customer's acceptance of WEALTH-IS-HEALTH 's then-current charges, unless notice of non-renewal is given by either party no less than ninety days before the expiration of the Initial Term. Customer will be deemed to have accepted WEALTH-IS-HEALTH 's then-current charges for any successive term unless Customer gives notice to WEALTH-IS-HEALTH of its rejection of any increase in charges no later than ten days after Customer receives notice thereof. If Customer rejects any increase in charges, this Agreement shall terminate on the date that is ninety days after Customer gives notice to WEALTH-IS-HEALTH of its rejection of such increase and during such period prior to termination, the previous charges will apply.

Termination for Convenience. After the Initial Term, providing Customer is not in default hereunder, Customer may terminate this Agreement with two months prior notice to WEALTH-IS-HEALTH, subject to payment of the fees set forth herein. Such termination shall be deemed a termination for convenience and shall be effective 60 days after notice of termination is received by WEALTH-IS-HEALTH, regardless of whether the Agreement is set to renew for an additional Renewal Term. Customer shall be responsible for payment for Services up to and through the date of termination, whether or not the Customer is continuing to receive Services.

DEFAULT AND REMEDIES.

Default by WEALTH-IS-HEALTH. The occurrence of any of the following will be a "Default" by WEALTH-IS-HEALTH: (i) WEALTH-IS-HEALTH fails to perform or observe any of its obligations under this Agreement after a period of thirty days after receiving notice from Customer of such failure; or (ii) WEALTH-IS-HEALTH'S insolvency or liquidation as a result of which WEALTH-IS-HEALTH ceases to do business; or (iii) the material breach of any representation or warranty made by WEALTH-IS-HEALTH in this Agreement, except to the extent such breach is susceptible to cure, in which case there shall be no Default unless such breach is not cured by WEALTH-IS-HEALTH within thirty days after receiving written notice from Customer of such breach. A violation of any SLA is expressly not a breach of a representation or warranty and is not a Default hereunder.

Default by Customer. The occurrence of any of the following will be a "Default" by Customer: (i) Customer fails to pay, when due, any fees or charges owing to WEALTH-IS-HEALTH under this Agreement, provided that the first such non-payment in any calendar year shall not be a Default unless Customer fails to pay such amount within five business days after notice from WEALTH-IS-HEALTH of such non-payment; or (ii) the material breach of any representation or warranty made by Customer in this Agreement, except to the extent such breach is susceptible to cure, in which case there shall be no Default unless such breach is not cured by Customer within thirty days after receiving written notice from WEALTH-IS-HEALTH of such breach; or (iii) Customer fails to perform or observe any of its other obligations under this Agreement after a period of thirty days after receiving notice from WEALTH-IS-HEALTH of such failure; or (iv) Customer's insolvency or liquidation as a result of which Customer ceases to do business; or (v) Customer commits a Default with respect to WEALTH-IS-HEALTH'S provision of services to Customer at any other IDC, whether pursuant to this Agreement or any other agreement between Customer and WEALTH-IS-HEALTH .

Customer's Remedies for Default by WEALTH-IS-HEALTH. Remedies for failure to deliver the Services in accordance with the SLAs are addressed entirely in the SLAs. If WEALTH-IS-HEALTH commits a Default, Customer will be entitled, at its election, to terminate this Agreement. Customer's right of recovery for any such Default will be limited as elsewhere provided in this Agreement, including, without limitation, Section 7 and the SLAs. Notwithstanding anything to the contrary in this Agreement, WEALTH-IS-HEALTH'S maximum aggregate liability to Customer related to or in connection with this Agreement will be limited to the total amount paid by Customer to WEALTH-IS-HEALTH hereunder for the prior one (1) month period.

WEALTH-IS-HEALTH'S Remedies for Default by Customer. If Customer commits a Default, WEALTH-IS-HEALTH will be entitled, at its election, to exercise any one or more of the following remedies, then or at any time thereafter: (i) to exercise any remedy for such Default set forth elsewhere in this Agreement; (ii) to pursue any remedy available at law or in equity, (iii) to terminate this Agreement; (iv) to suspend Services; (v) to accelerate the payment obligations hereunder; and (vi) to remove any or all of the Customer's access to software, licensing, processes, systems & data.

10.

OTHER PROVISIONS.

Non-Assignment; No Third-Party Rights. Customer will not be permitted to assign this Agreement in whole or in part without WEALTH-IS-HEALTH’S prior written consent, which will not be unreasonably withheld, provided that Customer may assign this Agreement without prior written consent to any subsidiary, parent, or an affiliated company, or pursuant to any reorganization or merger of its business, or pursuant to any sale or transfer of all or substantially all of its assets. WEALTH-IS-HEALTH may assign this Agreement in whole or in part. Any assignment in violation of the foregoing restriction will be null and void. Except as restricted above, this Agreement will be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. This Agreement is for the sole and exclusive benefit of the parties hereto, and nothing in this Agreement will be construed as giving any rights to any person, not a party hereto.

Use of Logo. Customer hereby grants to WEALTH-IS-HEALTH the express right to use Customer's company logo in marketing, sales, financial, and public relations materials and other communications solely to identify Customer as a WEALTH-IS-HEALTH customer. WEALTH-IS-HEALTH hereby grants to Customer the express right to use WEALTH-IS-HEALTH 's logo solely to identify WEALTH-IS-HEALTH as a provider of services to Customer. Other than as expressly stated herein, neither party shall use the other party's marks, codes, drawings or specifications without the prior written permission of the other party.

Independent Contractors. The parties will have the status of independent contractors, and nothing in this Agreement will be deemed to place the parties in any other relationship, including employer-employee, principal-agent, partners or joint ventures.

Non-Waiver/Severability. Failure of either party to enforce any of its rights hereunder will not be deemed to constitute a waiver of its future enforcement of such rights or any other rights. If any provisions of this Agreement are held to be invalid, illegal, or unenforceable under present or future laws, such provisions will be struck from the Agreement or amended, but only to the extent of their invalidity, illegality or unenforceability. The parties will remain legally bound by the remaining terms of this Agreement and will strive to reform the Agreement in a manner as consistent as reasonably possible with the original intent of the parties as expressed herein.

Force Majeure. Either party will be excused from any delay or failure in performance hereunder, other than the payment of money, caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labour disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused will be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

Governing Law; Jurisdiction. This Agreement will be governed by and construed in accordance with the substantive laws of the State of Delaware, without regard to conflict of law principles. WEALTH-IS-HEALTH and Customer hereby consent and submit to the personal jurisdiction of the State and federal courts in Delaware for any actions arising from this Agreement.

Integration. This Agreement expresses the complete and final understanding of the parties with respect to the subject matter hereof and supersedes all prior communications between the parties, whether written or oral with respect to the subject matter hereof. No modification of this Agreement will be binding upon the parties hereto, unless in writing and executed by Customer and WEALTH-IS-HEALTH.

Attachments Incorporated. The IDC Agreement Cover Page, Rules and Regulations, SLAs, all Service Order Forms, Service Change/ Amendments, and any applicable Addenda, as set forth on a Service Order Form, (each an "Attachment") are incorporated and made a part hereof as if fully set forth herein. To the extent of a conflict between an Attachment and this Agreement, this Agreement shall govern, unless expressly stated otherwise in the specific Attachment.

Notices. Except where other means of communication are expressly provided for in this Agreement, all notices provided for under this Agreement will be in writing, signed by the party giving the same, and will be deemed properly given and received (i) on the next business day after deposit for overnight delivery by overnight courier service or (ii) three business days after mailing, by registered or certified mail, return receipt requested. All such notices or other instruments or communications will be furnished with delivery or postage charges prepaid addressed to the Customer at the Customer Address set forth on the IDC Agreement Cover Page or to WEALTH-IS-HEALTH at the WEALTH-IS-HEALTH Notice Address set forth on the IDC Agreement Cover Page, with a copy to the General Manager at each IDC in which Services are provided. Either party may change its address for notices hereunder by notice to the other party.

Survival. The respective obligations of WEALTH-IS-HEALTH and Customer, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, limitation of liability, and indemnification, shall

CONTESTS

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