TERMS OF USE

ERASMITH TECHNOLOGIES PVT. LTD. (“ERASMITH”, “WE”, “OUR” OR “US”) MAINTAINS WEBSITES (“SITES”) WHICH PROVIDE SERVICES AND INFORMATION SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF USE”). THESE TERMS OF USE GOVERN YOUR USE OF THE SITES AND OTHER DIGITAL CONTENT SERVICES, SUCH AS MOBILE DEVICE CONNECTIVITY. PLEASE READ THE TERMS OF USE CAREFULLY. YOUR USE OF THE SITES SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF USE.

ELECTRONIC COMMUNICATIONS (INCLUDING EMAIL)

WHEN YOU VISIT THE SITES OR SEND EMAILS TO US, YOU ARE COMMUNICATING WITH US ELECTRONICALLY. YOU CONSENT TO RECEIVE COMMUNICATIONS FROM US ELECTRONICALLY. WE MAY CHOOSE TO COMMUNICATE WITH YOU BY EMAIL, TEXT MESSAGING, OR BY POSTING NOTICES ON THE SITES. YOU AGREE THAT ALL AGREEMENTS, NOTICES, DISCLOSURES AND OTHER COMMUNICATIONS THAT WE PROVIDE TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.

INTELLECTUAL PROPERTY

THE TRADEMARKS, LOGOS, AND SERVICE MARKS (COLLECTIVELY THE “TRADEMARKS”) DISPLAYED ON THE SITES ARE REGISTERED AND UNREGISTERED TRADEMARKS OF ERASMITH TECHNOLOGIES PVT. LTD., ITS DIVISIONS, ITS THIRD-PARTY LICENSORS AND OTHERS. YOU ARE NOT PERMITTED TO USE ANY OF THE TRADEMARKS DISPLAYED ON THE SITES, WITHOUT THE PRIOR, EXPRESS WRITTEN CONSENT OF ERASMITH TECHNOLOGIES PVT. LTD., ITS DIVISIONS, OR THE THIRD-PARTY LICENSORS THAT MAY OWN THE TRADEMARK. YOU MAY NOT USE ANY HYPER OR HTML LINKS, META TAGS OR ANY OTHER “HIDDEN TEXT” UTILIZING ERASMITH’S OR ITS DIVISIONS’ NAME OR TRADEMARKS WITHOUT THE EXPRESS WRITTEN CONSENT OF ERASMITH, ITS DIVISIONS, OR THIRD-PARTY LICENSORS. ALL RIGHTS RESERVED.

ALL TRADEMARKS AND MATERIALS DISPLAYED ON, OR CONTAINED WITHIN THE SITES, INCLUDING, BUT NOT LIMITED TO, LAYOUT, COLOR SCHEMES, DESIGN, TEXT, EDITORIAL MATERIALS, INFORMATIONAL TEXT, PHOTOGRAPHS, ILLUSTRATIONS, ARTWORK AND OTHER GRAPHICS OR DIGITAL MATERIALS, AND NAMES (COLLECTIVELY, THE “MATERIALS”), ARE THE PROPERTY OF ERASMITH TECHNOLOGIES PVT. LTD., ITS DIVISIONS OR ITS LICENSORS AND ARE PROTECTED BY COPYRIGHT, TRADEMARK, PATENT AND ALL OTHER APPLICABLE INTELLECTUAL PROPERTY LAWS. YOU ACKNOWLEDGE AND AGREE THAT THE SITES AND THE MATERIALS ARE THE PROPERTY OF ERASMITH TECHNOLOGIES PVT. LTD., ITS DIVISIONS AND LICENSORS, AND THAT YOU WILL NOT ACQUIRE ANY RIGHTS OR LICENSES IN ANY TRADEMARKS, PATENTS, COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY ON THE SITES OR IN THE MATERIALS. YOU MAY DOWNLOAD A COPY OF THE MATERIALS FOR YOUR PERSONAL NON-COMMERCIAL USE. YOU MAY NOT FRAME OR UTILIZE FRAMING TECHNIQUES TO ENCLOSE ANY MATERIALS OR TRADEMARK OR OTHER PROPRIETARY INFORMATION (INCLUDING IMAGES, TEXT, PAGE LAYOUT, OR FORM) OF ERASMITH TECHNOLOGIES PVT. LTD., OR ITS AFFILIATES WITHOUT THE EXPRESS WRITTEN CONSENT OF ERASMITH TECHNOLOGIES PVT. LTD.

ANY COPIES THAT YOU MAKE OF THE MATERIALS MUST RETAIN ALL OUR COPYRIGHT AND OTHER NOTICES. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS TERMS OF USE, YOU MAY NOT (I) REPRODUCE, MODIFY, PUBLISH, TRANSMIT, DISPLAY, PERFORM, DISTRIBUTE, DISSEMINATE, BROADCAST, CIRCULATE, OR OTHERWISE EXPLOIT ANY CONTENT ON THE SITES, INCLUDING, BUT NOT LIMITED TO, ANY MATERIALS, IN WHOLE OR IN PART, TO ANY THIRD PARTY; (II) PARTICIPATE IN THE TRANSFER, LICENSE OR SALE OF ANY CONTENT ON THE SITES, INCLUDING, BUT NOT LIMITED TO, THE MATERIALS; OR (III) CREATE DERIVATIVE WORKS OR IN ANY WAY EXPLOIT ANY CONTENT ON THE SITES, INCLUDING, BUT NOT LIMITED TO, THE MATERIALS. NO PORTION OF THE CONTENT ON THE SITES MAY BE STORED IN A COMPUTER EXCEPT FOR PERSONAL AND NON-COMMERCIAL USE. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

PERMISSIBLE USE

YOU AGREE THAT YOU SHALL NOT USE THE SITES:

• TO DELETE, MODIFY, HACK OR ATTEMPT TO CHANGE OR ALTER ANY OF THE MATERIALS ON THE SITES FOR ANY UNLAWFUL PURPOSE OR TO SOLICIT OTHERS TO PERFORM OR PARTICIPATE IN ANY UNLAWFUL ACTS
• TO VIOLATE ANY NATIONAL, INTERNATIONAL, FEDERAL, OR STATE REGULATIONS, RULES, LAWS, OR LOCAL ORDINANCES
• TO INFRINGE OR VIOLATE INTELLECTUAL PROPERTY RIGHTS
• TO UPLOAD OR TRANSMIT VIRUSES OR ANY OTHER TYPE OF MALICIOUS CODE THAT WILL OR MAY BE USED IN ANY WAY THAT WILL AFFECT THE FUNCTIONALITY OR OPERATION OF OUR WEBSITE (SITES)
• TO COLLECT OR TRACK THE PERSONAL INFORMATION OF OTHERS
• TO SPAM, TO CREATE EMAIL FRAUD, TO CREATE WEB TRAFFIC REDIRECTION FRAUD, PRETEXT, SPIDER, CRAWL, OR SCRAPE OR FOR ANY OBSCENE OR IMMORAL PURPOSE
• TO INTERFERE WITH OR CIRCUMVENT THE SECURITY FEATURES OF OUR SITES OR OTHER WEBSITES

WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF OUR SITES FOR VIOLATING ANY OF THE PROHIBITED USES. WE MAY FULLY COOPERATE WITH ANY LAW ENFORCEMENT AGENCY OR AUTHORITIES, OR COURT ORDER REQUESTING OR DIRECTING DISCLOSURE OF THE IDENTITY OF ANYONE SUSPECTED OF USE OF THE SITES FOR ILLEGAL PURPOSES.

USER OBLIGATION

BY USING THE SITES, YOU REPRESENT AND WARRANT THAT:

• YOU ARE THE AGE OF MAJORITY IN YOUR PLACE OF RESIDENCE, AND HAVE THE POWER AND AUTHORITY TO ACCEPT THIS TERMS OF USE AND TO ENTER INTO THIS AGREEMENT
• YOU UNDERSTAND AND ACCEPT THE TERMS, CONDITIONS AND RISKS RELATING TO THE USE OF THE CONTENT AND MATERIALS ON THE SITES.
• IF YOU ARE UNDER THE AGE OF MAJORITY, YOU MAY USE THE SITES ONLY WITH PERMISSION AND INVOLVEMENT OF A PARENT OR GUARDIAN. ERASMITH TECHNOLOGIES PVT. LTD., RESERVES THE RIGHT TO REFUSE SERVICE,
• TERMINATE ACCOUNTS, OR REMOVE OR EDIT CONTENT IN OUR SOLE DISCRETION.

SUBMITTING CONTENT

THE SITES MAY PROVIDE YOU AND OTHER USERS AN OPPORTUNITY TO SUBMIT, POST, TRANSMIT AND/OR EXCHANGE INFORMATION, IDEAS, OPINIONS OR OTHER INFORMATION, MESSAGES ETC. ON THE SITES OR OTHERS. BY POSTING, YOU GRANT US A ROYALTY-FREE, WORLDWIDE, NON-TERMINABLE AND NON-EXCLUSIVE LICENSE TO USE, REPRODUCE, MODIFY, EDIT, PUBLISH, STORE, AND PROMOTE SUCH POSTS (IN WHOLE OR IN PART) IN ANY MEDIUM NOW KNOWN OR HEREAFTER DEVISED, FOR EDITORIAL, COMMERCIAL, PROMOTIONAL AND ALL OTHER PURPOSES INCLUDING, WITHOUT LIMITATION, THE RIGHT TO PUBLISH YOUR NAME IN CONNECTION WITH YOUR POST; AND THE RIGHT TO SUBLICENSE ANY OR ALL OF THESE RIGHTS.

NO ENDORSEMENT OF THIRD-PARTY SITES

THE SITES MAY CONTAIN LINKS TO OR REFERENCES TO THIRD-PARTY WEBSITES AND RESOURCES (COLLECTIVELY, “THIRD-PARTY SITES”). YOUR LINKING TO SUCH THIRD-PARTY SITES IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL ERASMITH BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS, INJURY, OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF, OR RELIANCE ON, ANY CONTENT, INFORMATION, DATA, OPINIONS, ADVICE, STATEMENTS, GOODS, SERVICES, OR PRODUCTS AVAILABLE ON SUCH THIRD-PARTY SITES. ERASMITH IS ALSO NOT RESPONSIBLE FOR THE AVAILABILITY OF THESE THIRD-PARTY SITES, NOR IS IT RESPONSIBLE FOR THE AESTHETICS, APPEAL, SUITABILITY TO TASTE OR SUBJECTIVE QUALITY OF INFORMATIONAL CONTENT, ADVERTISING, PRODUCTS OR OTHER MATERIALS MADE AVAILABLE ON OR THROUGH SUCH THIRD-PARTY SITES. NO ENDORSEMENT OF ANY THIRD-PARTY CONTENT, INFORMATION, DATA, OPINIONS, ADVICE, STATEMENTS, GOODS, SERVICES OR PRODUCTS IS EXPRESSED OR IMPLIED BY ANY INFORMATION, MATERIAL OR CONTENT OF ANY THIRD-PARTY CONTAINED IN, REFERRED TO, INCLUDED ON, OR LINKED FROM OR TO, THE SITES. YOU SHOULD DIRECT ANY CONCERNS TO THE RESPECTIVE THIRD-PARTY SITE’S ADMINISTRATOR OR WEBMASTER.

DISCLAIMER OF WARRANTIES

ERASMITH ATTEMPT TO BE AS ACCURATE AS POSSIBLE. HOWEVER, ERASMITH DOES NOT WARRANT THAT DESCRIPTIONS OF SERVICES OR OTHER CONTENT ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ERASMITH IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES AND DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK AND THE WEBSITE IS AVAILABLE ON “AS IS/AS AVAILABLE” BASIS.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, ERASMITH MAKES NO REPRESENTATION AND DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY OR COURSE OF DEALING AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. ERASMITH DO NOT WARRANT THAT THE SITES, ITS SERVERS, OR EMAIL SENT FROM ERASMITH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ERASMITH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. ERASMITH MAY MAKE CHANGES TO THE WEBSITE ANY TIME WITHOUT NOTICE. ERASMITH DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING ANY STORAGE SERVICES AND ITS CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

USE OF COOKIES

ERASMITH AND ITS SERVICE PROVIDERS MAY USE INDUSTRY PRACTICES AND METHODS, INCLUDING COOKIES, CLEAR GIFS, WEB BEACONS, IP ADDRESSES, AND LOG FILES, AND OTHER TRACKING TECHNOLOGY TO REVIEW VISITORS AND PAGES THAT A USER VISITS DURING EACH SITE SESSION. YOU CONSENT TO THE USE OF SUCH WEB TRACKING TECHNOLOGY AND CONSENT TO ALL LEGAL USES OF PERSONAL AND NON-PERSONAL INFORMATION GATHERED THROUGH TRACKING TECHNOLOGY USED BY THE SITES OR BY THIRD-PARTY SERVICE PROVIDERS RETAINED BY ERASMITH.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ERASMITH, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE AND SERVICES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT ERASMITH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD-PARTIES AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS AGAINST ANY LOSSES, EXPENSES, COSTS OR DAMAGES (INCLUDING OUR REASONABLE ATTORNEYS’ FEES, EXPERT FEES’ AND OTHER REASONABLE COSTS OF LITIGATION) ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO ANY CLAIM OR ACTION BASED UPON (A) YOUR BREACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, (B) YOUR USE OF THE SERVICES, AND/OR (C) THE USE OF THE SERVICES BY ANY OTHER PERSON USING YOUR IDS. WE MAY, IF NECESSARY, PARTICIPATE IN THE DEFENCE OF ANY SUCH CLAIM OR ACTION AND ANY NEGOTIATIONS FOR ITS SETTLEMENT OR COMPROMISE. NO SETTLEMENT WHICH MAY ADVERSELY AFFECT OUR RIGHTS OR OBLIGATIONS SHALL BE MADE WITHOUT OUR PRIOR WRITTEN APPROVAL. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE AND UPON NOTICE TO YOU, TO ASSUME EXCLUSIVE DEFENCE AND CONTROL OF ANY SUCH CLAIM OR ACTION AND THEN YOUR CORRESPONDING INDEMNIFICATION OBLIGATION WILL END.

GOVERNING LAW / JURISDICTION / DISPUTES

ANY DISPUTE RELATING IN ANY WAY TO YOUR VISIT TO THE WEBSITE SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE EXCLUSIVE JURISDICTION OF NEW DELHI, INDIA, EXCEPT THAT, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ERASMITH’S INTELLECTUAL PROPERTY RIGHTS, ERASMITH MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN NEW DELHI, INDIA, AND YOU CONSENT TO SUCH EXCLUSIVE JURISDICTION AND VENUE. THE SOLE ARBITRATOR SHALL BE APPOINTED BY ERASMITH AND THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION IN NEW DELHI, INDIA. EXCEPT FOR PUNITIVE AND CONSEQUENTIAL DAMAGES (WHICH MAY NOT BE AWARDED), AND SUBJECT TO THESE TERMS OF USE, THE ARBITRATORS SHALL BE AUTHORIZED TO AWARD EITHER PARTY ANY PROVISIONAL OR EQUITABLE REMEDY PERMITTED BY APPLICABLE LAW. EACH PARTY HEREBY CONSENTS TO THE EXCLUSIVE JURISDICTION OF THE COURTS IN NEW DELHI, INDIA, FOR ANY AND TO SERVICE OF PROCESS IN ANY SUCH ACTION BY REGISTERED MAIL OR ANY OTHER MEANS PROVIDED BY LAW.

ASSIGNABILITY

THIS AGREEMENT IS PERSONAL TO YOU, AND YOU MAY NOT ASSIGN THIS AGREEMENT OR THE RIGHTS AND OBLIGATIONS HEREUNDER TO ANY THIRD-PARTY WITHOUT THE PRIOR EXPRESS WRITTEN APPROVAL OF ERASMITH.

WAIVER

NO WAIVER BY EITHER PARTY OF ANY DEFAULT SHALL BE DEEMED AS A WAIVER OF PRIOR OR SUBSEQUENT DEFAULT OF THE SAME OR OTHER PROVISIONS OF THIS AGREEMENT.

SEVERABILITY

IF ANY TERM, CLAUSE OR PROVISION HEREOF IS HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, SUCH INVALIDITY SHALL NOT AFFECT THE VALIDITY OR OPERATION OF ANY OTHER TERM, CLAUSE OR PROVISION AND SUCH INVALID TERM, CLAUSE OR PROVISION SHALL BE DEEMED TO BE SEVERED FROM THE AGREEMENT.

CHANGES TO THE TERMS OF USE

WE RESERVE THE RIGHT TO AMEND THE TERMS OF USE AND TO MODIFY, ADD OR DISCONTINUE ANY ASPECT, CONTENT, OR FEATURE OF THE SITES. YOU AGREE TO REVIEW THE TERMS OF USE PERIODICALLY AND YOUR CONTINUED USE OF THE SITES FOLLOWING SUCH MODIFICATION WILL INDICATE YOUR ACCEPTANCE OF ANY MODIFIED TERMS OF USE. IF YOU DO NOT AGREE WITH THE MODIFIED TERMS OF USE, YOU MAY DISCONTINUE USING THE SITES.

REVISED 24 MARCH 2020