General

All the visitors to our websites are required to read these terms of use (the "Terms") carefully before using the websites of Erkadi Systems, Inc. and its subsidiaries (collectively "Erkadi Systems"). By accessing, browsing or using these websites, you acknowledge that you have read, understood and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use these websites. These Terms govern your use of the websites, any content (such as text, data, information, software, graphics or photographs) that Erkadi Systems may make available through the websites (collectively, "Materials") and any services that Erkadi Systems may provide through the websites (collectively, "Services"). The websites, Materials and Services are referred to in these terms collectively as the "Erkadi Systems Websites."

Erkadi Systems reserves the right to change these Terms from time to time without notice in its sole and absolute discretion. Additional or different Terms, conditions and notices may apply to specific materials, information, products, software or services offered through the Erkadi Systems Websites. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms. Please see the applicable agreement or notice.

These Terms, together with any additional terms to which you agree when using particular elements of the Erkadi Systems Websites, constitute the entire and exclusive and final statement of the agreement between you and Erkadi Systems with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Erkadi Systems with respect to such subject matter. These Terms and the relationship between you and Erkadi Systems shall be governed by the jurisdiction of the High Court at Karnataka, India only notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Erkadi Systems Websites shall be brought in the High Court of Karnataka only and you hereby irrevocably submit to the exclusive personal jurisdiction of this court for such purpose. The failure of Erkadi Systems to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Erkadi Systems and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Erkadi Systems Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or Erkadi Systems. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Erkadi Systems without restriction.

Use of Brochures, Marketing Materials or Software

To the extent that Erkadi Systems provides for the download of proprietary Erkadi Systems brochures, marketing materials and downloads of any kind (or software or open source software from Erkadi Systems's Websites ("Software"), such Software is protected by the applicable copyright, patent or other intellectual property rights of either Erkadi Systems or the third party licensor. The above protection also covers and also their design, look, wordings , text, photographs , illustrations, animation files and audio files. Any use of the Software is subject to the terms of the applicable end-user or open source license agreement.

Trademarks

Erkadi Systems reserves all rights to its trademarks, service marks and logos, which together with the trademarks, service marks and logos of subsidiaries of Erkadi Systems will be collectively referred to as "Erkadi Systems Marks."

The Erkadi Systems Marks are highly valued intellectual property, and therefore Erkadi Systems will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to Erkadi Systems Marks or which are likely to cause confusion with Erkadi Systems Marks.

No employee or other representative of Erkadi Systems is authorized to grant permission to use Erkadi Systems Marks or to provide guidance in their use, unless licensed within a formal written agreement. Thus, any promise or other representation with respect to Erkadi Systems Marks by a Erkadi Systems employee in the absence of a formal written agreement cannot be relied upon.

Linking To Erkadi Systems Websites

Linking to the Erkadi Systems Websites (including an internal or subsidiary page of any website comprising a part of the Erkadi Systems Websites) must be approved in writing by Erkadi Systems, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:

1. does not utilize content of a Erkadi Systems Website;
2. does not utilize a Erkadi Systems logo;
3. does not use framing of a Erkadi Systems Website;
4. does not misrepresent an affiliation or other relationship with Erkadi Systems;
5. does not misrepresent any possible endorsement by Erkadi Systems;
6. does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
7. is promptly modified to delete the hyperlink upon request by Erkadi Systems.

Copyright

The contents of the Erkadi Systems Websites are subject to protection under Indian copyright laws. You may not copy , download or distribute any portion of the Erkadi Systems Websites, except after written permission from Erkadi Systems. Please direct any questions or comments to kyam@erkadi.com

Links to Third Party Sites

Links on the Erkadi Systems Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the Erkadi Systems Websites. Erkadi Systems does not endorse or make any representations about such third party websites, and Erkadi Systems is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. Erkadi Systems does not control those websites, and Erkadi Systems is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.

Indemnification

You agree to indemnify, defend and hold harmless Erkadi Systems, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software's) use of the Erkadi Systems Websites or violation of these Terms. Erkadi Systems reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Erkadi Systems's defense of such claim, and in no event may you agree to any settlement affecting Erkadi Systems without Erkadi Systems's written consent.

Electronic Communications

When you visit the Erkadi Systems Websites or send e-mails to Erkadi Systems, you are communicating with Erkadi Systems electronically. We may respond to you by e-mail or by posting notices on the Erkadi Systems Websites. You agree that all such notices, disclosures and other communications that Erkadi Systems provides to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimers

Information on the Erkadi Systems Websites is not promised or guaranteed to be correct, current or complete, and the Erkadi Systems Websites may contain technical inaccuracies or typographical errors. Erkadi Systems assumes no responsibility (and expressly disclaims responsibility) for updating the Erkadi Systems Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the Erkadi Systems Websites. Erkadi Systems provides no assurances that any reported problems will be resolved by Erkadi Systems, even if Erkadi Systems elects to provide information with the goal of addressing a problem.

ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE ERKADI SYSTEMS WEBSITES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. ERKADI SYSTEMS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ERKADI SYSTEMS MAKES NO WARRANTY THAT THE ERKADI SYSTEMS WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE ERKADI SYSTEMS WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Limitation of Liability

IN NO EVENT WILL ERKADI SYSTEMS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF Rs 500, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE ERKADI SYSTEMS WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF ERKADI SYSTEMS HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

General Information

Erkadi Systems respects the privacy of our customers, business partners and other visitors to our websites. We recognize the need for appropriate protections and management of your personal information that you provide to us. Erkadi Systems has therefore established this Privacy Statement to assist you to understand what personal information we collect and how that personal information is used. This Privacy Statement applies to data collected by Erkadi Systems through our erkadi.com website and other webpages which we operate and in which we post a direct link to this statement.

What personal information does Erkadi Systems collect?

On Erkadi Systems web sites you can order products or services, register products, request information, subscribe to marketing or support materials, register to a secure extranet site to obtain access to product information, support, services and training, or apply for jobs at Erkadi Systems. Erkadi Systems may collect information about individuals such as their name, address, telephone number or email address, user IDs and passwords, billing and transaction information, credit card or other financial information and contact preferences. Personal information collected online may be supplemented with information you provide to Erkadi Systems through other Erkadi Systems services, as well as other sources such as trade shows or seminars, and other data appending methods such as spot tags, tracking and cookies as referenced below.

How does Erkadi Systems use personal information?

Erkadi Systems will use personal information to provide customers, business partners and website visitors with information and services and to help us better understand your needs and interests. Specifically, we use your information to help you complete a transaction or order, to communicate with you, to deliver products/services to you, to bill you for products/services you purchased, and to provide ongoing service and support. We may also pass on your information to a third party, such as a partner , associate , dealer or distributor for purposes of providing you information or as part of our sales or service process. This would be done by us even if you have not specifically asked us to do so. Occasionally we may use your information to contact you to complete surveys that we use for marketing and quality assurance purposes.

With whom does Erkadi Systems share personal information?

Erkadi Systems contracts with third party service providers and suppliers (including distributors and resellers) to deliver certain products, services and customer solutions. Erkadi Systems may share personal information with its service providers and suppliers to the extent needed to deliver the service or respond to requests for information on products or services or otherwise support the customers' business needs. Third party service providers and suppliers receiving personal information are expected to apply the same level of privacy protection as contained in this Privacy Statement. They are not required to keep confidential the personal information received from Erkadi Systems and may not use it for any purpose other than as originally intended. We cannot guarantee the confidentiality of your personal information once it is passed on to the third parties by us.

Some Erkadi Systems services may be co-branded and offered in conjunction with another company. If you register for or use such services, both Erkadi Systems and the other company may receive information collected in conjunction with the co-branded services.

Except as described in this Privacy Statement, Erkadi Systems is not in the business of selling or renting your information to others and will not share personally identifiable information with other third parties without your permission, unless required by, or in connection with, law enforcement action, subpoena or other litigation, or applicable law or in connection with a prospective or actual sale, merger, transfer or other reorganization of all or parts of our business, or within the group of affiliated Erkadi Systems companies, if and to the extent legally permissible.

We reserve the right to fully use and disclose any information that is not in personally identifiable form.

Security of Personal Information

Erkadi Systems is committed to taking reasonable efforts to secure the personal data you choose to provide us, however, we are not guaranteeing it

Forums and Blogs

Some of Erkadi Systems's websites allow our users to publish content via discussion forums, blogs, user-editable documents, and commenting systems. Any information that is disclosed in these forums becomes public information which could be read, collected or used by other users to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums. You should exercise caution when deciding to disclose your personal information.

Erkadi Systems may, from time to time, send email regarding our products and services to users who have posted to our discussion forums, blogs, user-editable documents, and commenting systems. Each participant's opinion expressed is his or her own and should not be considered as reflecting the opinion of Erkadi Systems. Note also that your use of these online communication tools is subject to our Terms of Use, which contain disclaimers, limitations of liability and the jurisdiction of the High Court of Karnataka only. Personal information given to Erkadi Systems may be transferred across state and country borders for data consolidation, storage and simplified information management.

Cookies, Logging and Spotlight Tags

Erkadi Systems uses cookies on some of its web sites. Cookies are small amounts of data sent to your browser from a web server and stored on your computer's hard drive. Cookies can help a website recognize repeat users, and allow a website to track web usage behavior. Cookies work by assigning a number to the user that has no meaning outside of the assigning website. If a cookie is placed, thereafter when you visit a web site, a message is sent back to the web server by the browser accessing the web site. You can set your browser to notify you when you are sent a cookie, and you may also elect not to accept cookies by changing the designated settings on your web browser. However, not utilizing cookies may prevent you from using certain functions and features of web sites.

Erkadi Systems uses some cookies that are necessary for the delivery of our products and services on our website. Cookies that are strictly necessary allow us to improve the safety and security of our website, authenticate account users, allow you to access your private accounts on our site, balance the traffic on our site, and remember information that you have submitted on forms when you request services on our site. Cookies that are strictly necessary do not gather any information about you that could be used for marketing or remembering where you've been on the internet.

Erkadi Systems also uses cookies to improve our service to you and personalize your web-browsing experience, such as by gaining a better understanding of your interests and requirements regarding our website. Cookies that Erkadi Systems uses to improve your website experience may remember your language and site preferences, invite you to participate in surveys and evaluations, show you when you are logged into our system and allow you to remain logged-in for a period of time, provide you with support services including our live chat service, remember your login information, and prepopulate forms that you have already completed.

Erkadi Systems also uses 'performance' cookies that collect information about how you use our website, including which pages you visit, and if you experience any errors. These cookies don't collect any information that could identify you and use anonymous information to provide statistics on how our website is used, help us improve our website by measuring any errors, test different designs on our site, and help us measure the traffic on our site so that we can optimize our content accordingly. Erkadi Systems's performance cookies are only used to help us improve how our website works, understand what interests our users and measure how effective our advertising is.

Some Erkadi Systems pages use cookies that permit select third party partners to serve you Erkadi Systems-related content, including Erkadi Systems advertisements, on their sites or elsewhere on the Internet. This is based on your prior visits to our site. Additionally, third parties may use cookies to allow you to link to social networking sites like Facebook and LinkedIn and may analyze your activity and your purchase selections in our online store. As noted above, you can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. You can control whether or not these cookies are used, but preventing them may stop us from offering you some services. Alternatively you may use the third parties' own tools to prevent these cookies.

As is true of most websites, Erkadi Systems collects and/or logs Internet Protocol addresses, Internet domain names, the web browser and operating system used to access the Erkadi Systems web site, the website visitor's location, the files visited, the time spent in each file, and the time and date of each visit. Erkadi Systems collects these through the use of log files and web beacons.

Links to Non-Erkadi Systems Websites and Third Parties

The Erkadi Systems web sites may provide links to third-party web sites for your convenience and information. If you access those links, you will leave the Erkadi Systems website. Erkadi Systems does not control those sites or their privacy practices, which may differ from Erkadi Systems policy. We do not endorse or make any representations about third party web sites. The personal data you choose to give to unrelated third parties is not covered by the Erkadi Systems Privacy Statement. We encourage you to review the privacy policy of any company before submitting your personal information. Some third party companies may choose to share their personal data with Erkadi Systems; that sharing is governed by that third party company's privacy policy.

Contact Information

If you have any questions regarding this Privacy Statement or believe that the privacy of your personal information has not been respected, you may submit a complaint in writing to the attention of Erkadi Systems at 109, Electronic City, 1st Phase, Hosur Road, Bangalore 560100 India or email: kyam@erkadi.com.