HERE UNDER MENTIONED TERMS OF USE, STATE IMPORTANT EQUIREMENTS REGARDING CUSTOMER'S USE OF EFFICACIOUS SOLUTIONS PVT LTD WEBSITE "efficacious.in" AND EFFICACIOUS SOLUTIONS PVT LTD SERVICES AND CUSTOMERS RELATIONSHIP WITH "EFFICACIOUS" AND "efficacious.in"

CUSTOMERS SHOULD READ THE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INSTRUCTIONS AND FORMATION AS OUR RIGHTS TO CHANGE ITS CONDITIONS, HOW LONG IT LASTS, FEES FOR EARLY TERMINATION, LIMITATIONS OF LIABILITY, PRIVACY, AND SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT ETC.

IF CUSTOMER ACCEPTS THESE TERMS AND CONDITIONS, IT WILL APPLY TO ALL THEIR SERVICE PLANS FROM "EFFICACIOUS SOLUTIONS PVT LTD" AND "efficacious.in", INCLUDING ALL THEIR EXISTING PLANS. CUSTOMERS ACCEPTANCE OF THESE TERMS & CONDITIONS WILL BE IMPLIED BY THE USE OF THE "EFFICACIOUS" AND "efficacious.in" SERVICE.

"AGREEMENT"

THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY CUSTOMER, ANY ADDITIONAL TERMS MENTIONED FOR CUSTOMER PLAN ORDER, THE PRIVACY POLICY, REFUND POLICY, DISCLAIMER AND OTHER POLICIES IN FORCE FOR THE TIME BEING STATE THE ENTIRE AGREEMENT BETWEEN CUSTOMERS AND efficacious (efficacious.in) (THE "AGREEMENT"). The Plan Order will form the part of the "Agreement" only if the same has been acknowledged by Efficacious (efficacious.in) in writing or by an e-mail. Customers must agree to the Terms and Conditions in order to be eligible to use the Efficacious portal (defined below), or obtain Services (defined below).

DEFINITIONS

Certain terms defined in these Terms and Conditions are also used in the Terms of Service, Refund Policy, Disclaimer, Referral Policy, Fraud Detection Mechanism, Anti-Spam Policy, Security Policy and Privacy Policy and are incorporated by reference to these Terms and Conditions.

"Content"

"Content" refers to Software, Materials, Services and other related information collectively.

"Customer(s)" "customer(s)" "They" "they" "You" or "you"

Refers to the existing, past or prospective user individually, any person, robot including any employer that he/she/it acting on behalf of "Efficacious"

"Efficacious" is used by Efficacious as its brand and Efficacious represents Efficacious, its portal www.efficacious.in and all the experts working for Efficacious and www.efficacious.in.

All references to Efficacious refer to Efficacious, its owner, directors, officers, employee, experts, affiliates, portals, websites and www.efficacious.in.

"Services" AND "Efficacious Portal"

"Services" refer to any Efficacious service delivered through www.efficacious.in, under the plan that customer enter into with Efficacious through use of the Efficacious's Website located at www.efficacious.in (the "Efficacious Portal") or by calling the Efficacious phone number mentioned on the Efficacious Portal www.efficacious.in. These Terms of Use govern all plans available through the Efficacious Website, and any use of the Efficacious Portal. In the event of any conflict these Terms of Use control any valid Plan Order form that customer submit requesting Services ("Plan Order").

"Materials"

"Materials" means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the Efficacious Portal are the proprietary and copyrighted work of Efficacious and/or its suppliers. The definition of "Materials" does not include the design or layout of the Efficacious web site, www.efficacious.in or any other Efficacious owned, operated, licensed or controlled website.

"Software"

"Software" means a computer program of any kind, whether owned by Efficacious or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both Efficacious Software and third party Software. Customer's use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply ("License Terms").

SUBMISSION OF PLAN ORDERS; SERVICE PLANS

Customer may order Services by submitting Plan Orders through the Efficacious Portal or by calling Efficacious. Once Efficacious accepts the Plan Order submitted by Customer, then they will receive an email from Efficacious at the email address that Customer provide or have provided to Efficacious as part of the Registration Process for the Services. Efficacious is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by Efficacious of a Plan Order, Customer will have a Service Plan.

UNDERTAKING

Subject to the Terms and Conditions, and other terms specific to each Service Plan, Efficacious will address Customer query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Efficacious will attempt problem diagnosis and a solution through toll free number (in the specified country only), chat, email or other means as it deems most appropriate under the circumstances including remote access. Customer understand that if remote access is used on Customer computer there will be no residual software from the remote session; however, there may be a text file placed on Customer computer that will explain the contact details of Efficacious. If such a text file is placed on Customer computer, Customer has the option to either save the file for future reference or to delete it from Customer computer. All undertakings under Service Plans are subject to Efficacious's Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at +353 85 1552975. Customer are agree to pay all Services Fee and any other applicable fee/charges as set out in the relevant Plan Order in accordance with the Payment Terms provided below.

PAYMENT

Services against any Plan Order will be available once Customer has made payment for Services according to the requirements of the corresponding Plan Order. All payments against the plan orders will be collected by Efficacious on behalf of Efficacious. Efficacious has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.

When Customer purchased the Service, Customer agreed to a specific price and plan, all terms of Service Fee and/or any other fee payable under any mode of payment for a Subscription shall be set forth in the applicable Plan Order. Similarly, some plans may offer a discount on the Service if Customer sign up for other Efficacious services ("Bundle Discount").

Credit Card, Debit Card, Internet banking

Customer may be asked to provide us with a Credit Card /Debit Card or internet banking details from a card issuer that we accept in order to activate Customer Service. The Customer hereby authorizes Efficacious to charge on Customer Credit Card or Debit Card or internet banking details with respect to any unpaid charges for Services. Customer authorize the issuer of the Credit Card or Debit Card or internet banking to pay specified amount EfficaciousSolutions described in the invoice raised without requiring a signed receipt. Customer acknowledge and agree that neither Efficacious nor any Efficacious affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by Customer as a result of such attempts to charge, and/or place holds on, Customer Credit Card or Debit Card or internet banking. If Customer mistakenly provides any card number, instead of a Credit Card or Debit Card or internet banking number and funds transfer is returned for insufficient funds, we will charge Customer an additional $25.00.

RENEWAL POLICY

A Subscription under the Annual Payment Plan does not automatically renew in any case and expires at the end of the applicable Term Plan.

Privacy Policy

The Efficacious Privacy Policy which is an integral part of these Terms and Conditions is incorporated here.

This Privacy Policy tells you how we use personal information collected at this site. Please read this Privacy Policy before using the site or submitting any personal information. By using the site, you are accepting the practices dEfficaciousSolutionsribed in this privacy policy. These practices may be changed, but any changes will be posted clearly on the website. You are encouraged to review the Privacy Policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

"You are recommended to visit the Privacy Policy page for more details." Note: The privacy practices set forth in this privacy policy are for this website only. If you link to other web sites, please review the Privacy Policies posted at those sites by visiting this website and requesting information, products or services thereon, you agree to be bound by the terms and conditions of this Privacy Policy. Please check back frequently for updates as it is your sole responsibility to be aware of changes. If you do not agree with the terms of this Privacy Policy please do not provide any information to us or use any of the services or products offered or provided on any of the web sites referred to in this Privacy Policy.

Collection of Information

We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request. The registered members of our website are automatically added to our site announcement mailing list. You as a subscriber of the mailing list have the option to opt out of these mailing list by clicking on the unsubscribe link in any of the newsletter sent to you. The unsubscribe process is automatic and immediate. This site uses a tool which collects your requests for pages and passes elements of them to search engines to assist them in indexing this site. We control the configuration of the tool and are responsible for any information sent to the search engines.

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

NO UNLAWFUL OR PROHIBITED USE

As a condition of Customer use of the Efficacious Portal or any Services, Customer will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms of Use. Customer may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any Efficacious server, or the network(s) connected to any Efficacious server, or interferes with any other party's use and enjoyment of any of the Efficacious Portal, the Materials, Software or Services. Customer may not attempt to gain unauthorized access to any Efficacious Portal, the Materials, Software or Services, other accounts, computer systems or networks connected to any Efficacious server or to any of the Efficacious Portal, the Materials, Software or Services, through hacking, password mining or any other means. Customer may not obtain or attempt to obtain any Efficacious Portal, the Materials, Software or Services or information through any means other than that specifically permitted to Customer under a Plan Order.

FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:

Though Efficacious has no limits on the amount of online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber's use of the support services for the subscription based plans are subject to Efficacious's "fair use" policy. Under this policy, if at any time, in Efficacious's sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, then Efficacious reserves the right to suspend or terminate Subscriber's Subscription Services. In addition, Efficacious reserves the right to suspend or terminate any Subscription Services of any Subscriber that Efficacious, in its sole discretion, determines are being used.

• fraudulently,
• by any person other than Subscriber, or
• for any computer system other than a Registered System.
• Customer is using pirated software
• Customer is using stolen system

User may terminate the Service at any time by giving written or electronic notice to Efficacious; provided, however, that User will not be entitled to a refund of any fees prepaid by user for the Service.

COMMUNICATIONS SERVICES

Efficacious may provide Customer with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable Customer to communicate with Efficacious employees and others as appropriate to Customer Service under a Plan Order (each a "Communication Service" and collectively "Communication Services"). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.

INDEMNITY

Customer agree to indemnify, defend, and hold Efficacious, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from Customer violation of the material terms of these Terms of Use, any misuse or abuse of a Service, any use of the Service that amounts to infringement, or infringement by any other user of Customer account of any intellectual property or other right of Efficacious or any other third party. Customer agrees to cooperate as fully as reasonably required in Efficacious's defense of any claim. Efficacious reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer and Customer shall not in any event settle any matter without the written consent of Efficacious. Customer agrees immediately to notify Efficacious of any unauthorized use of Customer account or any other breach of security known to Customer.

GUESTS, TO USE Efficacious PORTAL

If Customer are not currently subscribed for a Service, then Customer are regarded as a "Guest". Usage of the Efficacious Portal by current Efficacious customers outside of the scope of a Service specified under an applicable Plan Order is also treated as a "Guest".

USER RESPONSIBILITY

In connection with obtaining Services, Customer agrees that he will:

• Cooperate with the Efficacious: We will use commercially reasonable efforts to provide the support to Customer. Our experience shows that most issues can be corrected as a result of close cooperation between Customer and the agent. Please listen carefully to agent and follow the instructions.
• Software/Data Backup: Customer understands and agrees that Efficacious shall under no circumstance be responsible for any lost or corrupted software or data. Efficacious strongly recommends that Customer at all times maintain a complete data backup and disaster recovery plan.
•  Account, Password, and Security: For Customer to submit a Plan Order, Customer must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. Customer also will choose a password and a user name. Customers are solely and entirely responsible for maintaining the confidentiality of Customer password and account. Customer agrees to notify Efficacious immediately of any unauthorized use of Customer account or any other breach of security. Efficacious will not be liable for any loss that Customer may incur as a result of someone else using Customer password or account, either with or without Customer knowledge.

AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES

Customer hereby acknowledge that circumstances outside of Efficacious's reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in Efficacious's ability to schedule a support session. Customer hereby release Efficacious from any and all liability, and agree that Efficacious shall not be liable to Customer or any third party for any direct or indirect damages whatsoever, resulting from such delays.

Efficacious or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.

EXCLUSIONS FROM "SERVICES"

"Services" shall not include the following:

1. any item or activity not covered by the terms of a Plan Order;

2. service beyond the duration limitations identified in Customer Plan Order;

3. problem diagnosis and support that may not be completed because of a problem with Customer computer or other equipment, or their configuration that is beyond our control;

4. Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;

5. Problems that may and do result from:

• External causes such as accident, abuse, misuse, or problems with electrical power;
• Usage that is not in accordance with product instructions provided by manufacture;
• Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
• Problems caused by using accessories, parts, or components not compatible with the product.
• Non Compliance with the Efficacious instructions for resolving the query.
• Efficacious provides technical support through toll-free telephone, desktop sharing & live chat.
• On-site visits are not a part of our service offering.
• Hardware support is not a part of our service offering.
• In case an issue is identified to be caused due to a failing or damaged hardware component, the customer will have to repair or replace it at his or her own cost and cannot claim for a refund from Efficacious.
• Efficacious only provide technical support for genuine and licensed products.
• Efficacious does not support nor endorse piracy in any form.
• Third-party applications will be supported only on a Best-effort' basis.

MATERIALS AND SOFTWARE AVAILABLE ON THE Efficacious PORTAL, OR THROUGH A SERVICE

Use of any Materials and any Software provided by "Efficacious" is governed by the more stringent of the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or if there is no EULA, these Terms and Conditions.

Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

No logo, graphic, sound or image from any Efficacious Web site may be copied or retransmitted unless expressly permitted by Efficacious.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.

END USER LICENSE AGREEMENTS (EULA)

Efficacious as well as the third party licensors reserve the right, in regard to software or material provided to customers to update or change the Software from time to time and Customer agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. Customer may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose.

In accordance with and as required under the Service Plan Customer shall not make any copies of the Software and Material provided. Customers agree that the Software and Material provided is the confidential and proprietary information of Efficacious or third party licensors, providers or suppliers, and which Customer shall not disclose to others or use except as expressly permitted herein. Customer may not de-compile, reverse, attempt to discover any source code or underlying ideas or algorithms of the Software/Material, or otherwise reduce the Software/Material to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. Customer may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. Customers are not granted any title or rights of ownership in the Software/Material provided. Customers acknowledge that this license is not a sale of intellectual property and that Efficacious or third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Efficacious Software and related documentation, as well as any corrections, updates and upgrades. The software/material provided may be used only in the country of residence at the time of acceptance of these terms for use of the software.

LIMITATION OF LIABILITY

Notwithstanding anything to the contrary in no event shall Efficacious be liable to Customer in excess of the amounts actually paid by Customer to Efficacious under the Plan Order that is the subject of the dispute.

LIMITATIONS ON ACTIONS

Any cause of action by Customer must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.

TERMINATION POLICY

Efficacious at its sole discretion may terminate or suspend Customer Service immediately without notice :

• (a) Customer are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software;
• (b) Customer use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Efficacious's network, or the use and enjoyment of Efficacious's other users;
• (c) Efficacious receives an order from a court to terminate the Services Customer are availing;
• (d) Efficacious determines that Customer are abusing the Service. Efficacious, in its sole discretion, may refuse to accept Customer request for the Service, renewal or re-subscription following a termination or suspension of Customer use of the Service.

SEVERABILITY; WAIVER

If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. Efficacious's failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.

NO OFFER

The Efficacious Portal is available internationally and may contain references to Efficacious products, services, and programs that are not available in a viewer's country. These references do not imply that Efficacious intends to make such products, services, or programs available in such country.

MODIFICATION

Efficacious reserves the right to amend the Terms and Condition, and the Efficacious Portal at any time by (a) posting a revised version of the Terms and Conditions on the Efficacious Portal (http://www.efficacious.in), or by (b) sending information regarding any amendment to the Terms of Service to the email address Customer provide to Efficacious in connection with registration. Customers are responsible for regularly reviewing the Efficacious website to be notified of any amendments to the Terms and Conditions.

LAW AND JURISDICTION

INDIA DELHI Law governs these terms and conditions and Customer agree to submit to the exclusive jurisdiction of the INDIA DELHI courts.

If user has any questions about the Policy at our Web site, user can e-mail user inquiries to info@efficacious.in