CKS Consulting Private Limited

Emerging Economy Report

Terms of Use (hereafter TOU)

Notice to User:

Please read this contract carefully. The services and materials offered by CKS on this website are offered to you subject to your acceptance of the terms and conditions of this agreement.

By continuing to use this Website you accept all the terms and conditions of this agreement including, in particular, the limitation on use, liability and warranty set forth below.

1. MODIFICATION

CKS reserves the right to change these Terms of Use without notice to you. You are responsible for reviewing these Terms of Use each time you use the website. Your continued use of the website constitutes your agreement to the then current Terms of Use.

2. DESCRIPTION OF SERVICE

2.1 CKS provides users with access to the Emerging Economy Report (hereafter EER) which may be accessed through any medium or device now known or hereafter developed (hereafter the ‘Service').

2.2 You also understand and agree that the Service may include advertisements and that these advertisements are necessary for CKS to provide the Service.

2.3 You also understand and agree that the Service may include certain communications from CKS, such as service announcements, administrative messages and the CKS Newsletter, and that these communications are considered part of CKS membership and you will not be able to opt out of receiving them.

2.4 Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new versions of the Report shall be subject to the TOU.

3. CKS'S PROPRIETARY RIGHTS

3.1 Unless otherwise indicated, this Website and the Service provided are the exclusive property of CKS Consulting Private Limited (hereafter “CKS”), Bangalore , India .

3.2 CKS grants you a personal, non-transferable and non-exclusive right and license to use the Service on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service.

3.3 You acknowledge and agree that the Service, and any necessary software used in connection with the Service, contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

3.4 You further acknowledge and agree that the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

3.5 Except as expressly authorized by CKS you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

3.6 You agree not to access the Service by any means other than through the interface that is provided by CKS for use in accessing the Service.

4. INTELLECTUAL PROPERTY POLICY

4.1 All copyright in the Service provided is exclusively owned by CKS unless otherwise indicated. CKS reserves all rights to the materials incorporated in the Service.

4.2 ‘Emerging Economy Report', ‘EER' and ‘CKS' are trademarks and service marks of CKS. The trademarks and other signs appearing on this Website are protected by domestic and international trademark law as well as the common law. You agree not to display or use these names, trademarks or logos in any manner without CKS's prior permission .

4.3 Even where the Service is used within your organization no trade mark, copyright or other proprietary notices contained in or appearing on such material are removed in whole or in part.

5. USE OF SERVICES

5.1 You will not use the Services for any unlawful purpose or in any manner or for any purpose which is prohibited by these Terms of Use.

5.2 In using the Services you will not:

(a) disrupt or interfere with any other user's enjoyment of such services

(b) upload, post or otherwise transmit any viruses or other harmful, disruptive or destructive files,

(c) create a false identity,

(d) use or attempt to use another's account, password, service or system without authorization from CKS,

(e) access or attempt to access any service or content which you are not authorized to access,

(f) disrupt or interfere with the security of, or otherwise cause harm to, any system resources, accounts, passwords, servers or networks connected to or accessible through the Service

(g) upload or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, without limitation, copyright, trademark, privacy and publicity laws unless you own or control the rights thereto or have received all necessary consents to do the same,

(h) violate any other applicable laws or regulations.

5.3 You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the Service, use of the Service, or access to the Service.

6. MEMBER ACCOUNT, PASSWORD AND SECURITY

6.1 You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.

6.2 You agree to

(a) immediately notify CKS of any unauthorized use of your password or account or any other breach of security, and

(b) ensure that you exit from your account at the end of each session.

(c) CKS cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.

6.3 You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your CKS ID), use of the Service, or access to the Service.

7. DISCLAIMER

7.1 You expressly understand and agree that The Service is provided on an “as is” and “as available” basis. Your use of the service is at your sole risk. CKS and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

7.2 CKS and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that:

(a) the Service will meet your requirements;

(b) the Service will be uninterrupted, timely, secure or error-free;

(c) the results that may be obtained from the use of the service will be accurate or reliable;

(d) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations and

7.3 CKS does not make any warranty that this information is free from error. Where you rely on any information, material or services on our website, you do so entirely at your own risk.

7.4 No advice or information, whether oral or written, obtained by you from CKS or through or from the service shall create any warranty not expressly stated in the TOU.

8. LIMITATION OF LIABILITY

You expressly understand and agree that CKS and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use or the inability to use the service or any other matter relating to the service.

9. PRIVACY AND PERSONAL INFORMATION

9.1 CKS collects personal information when you register with CKS and when you use this Website. When you register we ask for information such as your name, email address, birth date, gender, ZIP code, occupation, industry, and personal interests. When you register with Yahoo! and sign in to our services, you are not anonymous to us.

9.2 CKS may combine information about you that we have with information we obtain from business partners or other companies.

9.3 CKS automatically receives and records information from your computer and browser, including your IP address , cookie information, software and hardware attributes, and the page you request.

9.4 CKS uses all of the above information for the following general purposes: to customize advertising and other content, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.

9.5 CKS limits access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.

9.6 CKS has physical, electronic, and procedural safeguards which protects personal information about you..

9.7 You can delete your account by visiting our Account Deletion page.

10. ENTIRE AGREEMENT

The TOU constitutes the entire agreement between you and CKS and governs your use of the Service, superseding any prior agreements between you and CKS with respect to the Service.

11. GOVERNING LAW AND JURISDICTION

11.1 The TOU and the relationship between you and CKS shall be governed by the laws of the Union of India and State of Karnataka .

11.2. You and CKS agree to submit to the exclusive jurisdiction of the District Courts in Bangalore .

12. WAIVER AND SEVERABILITY OF TERMS

12.1 The failure of CKS to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

12.2 If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.

13. VIOLATIONS

Please report any violations of the TOU to CKS at eer@cks.in