AGREEMENT GOVERNING SUBSCRIPTION AND USE OF Krishna Tech SMS

Please read these terms and conditions carefully.

By subscribing to the use and short messaging service of Krishna Tech SMS provided to you by Credit Suisse Indian Branch and its supporting service vendors, you acknowledge and irrevocably agree to be bound by the following terms and conditions of use (“Terms”) in accordance with this agreement, as may be amended or supplemented thereafter (“Agreement”).

We may modify these Terms at any time at our sole and absolute discretion, and such modifications shall be effective immediately upon posting of the modified Terms. You agree to review the Terms periodically to be aware of such modifications and your continued access to and/or use of the Krishna Tech SMS shall be deemed your conclusive acceptance of the modified Terms.

In this Agreement, "you" and "your" means the customer (whether individual or corporate where the context so requires). "We", "us" and "ours" means Credit Suisse Indian Branch, including all its successors and assigns.

Use of Krishna Tech SMS

We and/or our supporting service vendors may at any time without notice to you determine and vary the frequency and manner of use and services available through Krishna Tech SMS and/or to remove you as a subscriber of such service.

You shall at all times be wholly responsible for all acts/defaults made resulting and/or in connection with the use or purported use of Krishna Tech SMS by any person, with or without your authority, knowledge or consent, and you and such other third parties shall not claim against us in respect of any such use or purported use of Krishna Tech SMS.

We and/or our supporting service vendors may at any time, without notice to you and without assigning any reason therefor, and without liability for any inconvenience, loss, damage or injury suffered by you or any third party:-

(a) limit, suspend or terminate the services related to Krishna Tech SMS; and

(b) revoke or suspend your right and authority to subscribe and use Krishna Tech SMS.

At all times, all claims against or disputes with our supporting service vendors are to be directly settled between you and our supporting service vendors. You shall not claim against us in any manner in this respect.

Consent to Disclosure/Provision of Information

You consent to us and/or our supporting service vendors and any of our officials disclosing any information, data and/or materials whether in Indian or otherwise to any third party which has a legitimate business purpose for obtaining such information, including offering you products or services in connection with or to facilitate the use of Krishna Tech SMS and where such disclosure is necessary for the provision of Krishna Tech SMS to you.

You also acknowledge and agree at all times that:-

(a) there may be inadvertent disclosure of Information by us and/or any of our officials in the course of providing information, whether to our supporting service vendors and/or third parties in Indian or otherwise, relevant to the provision of Krishna Tech SMS to you and you consent to such inadvertent disclosure; and

(b) equipment and software providers, service providers, network providers (including but not limited to telecommunications providers, Internet browser providers or Internet access providers) and other third parties may have or be able to gain access to any information, date and/or materials transmitted over the relevant system, and you agree not hold us liable in any way in this respect.

At all times, neither we nor our supporting service vendors nor any of our officials shall be liable for any loss or damage suffered by you or any other third party as a result of any disclosure of any information, date and/or materials which you have consented to us and/or any of our officials disclosing.

You shall provide us with any information or documentation that we may reasonably request relating to your use of Krishna Tech SMS and you shall cooperate with us in any related investigation or litigation.

Copyright and Intellectual Property

All information/data and materials available on Krishna Tech SMS is under copyright to us .The copyrights of third parties, including but not limited to our supporting service vendors are also hereby reserved. The information/data and materials are accessible for browsing purposes only.

Explicit reference to Credit Suisse Indian Branch must be made in the event that the material, or any part thereof, is reproduced in any form, written or electronic. Furthermore, any re-publication of such material requires our express and prior written consent.

No Offer

No information/data and materials available on Krishna Tech SMS constitute an offer by any member of the Credit Suisse Group to buy or sell any securities or financial instruments or provide any investment advice or service in any jurisdiction where such offer or sale would be prohibited. The services, securities and financial instruments which may be described may not be available or suitable for you.

No Reliance

Although we have taken all reasonable care that the information/data and materials available on Krishna Tech SMS was accurate at the time of transmission, no representation or warranty (including liability towards third parties), expressed or implied, is made as to its accuracy, reliability or completeness by us and/or our supporting service vendors.

The information/data and materials available on Krishna Tech SMS are always subject to change without notice.

We are not utilising Krishna Tech SMS to provide investment or other advice to you or any other party, and no information or material on Krishna Tech SMS is to be relied upon for the purpose of making or communicating investment and/or any other decisions.

Please duly consult your Relationship Manager before taking any investment decision.

Disclaimer of Warranties

You expressly understand and agree that you assume total responsibility and risk for your use of Krishna Tech SMS. We do not make any express or implied warranties, representations or endorsements whatsoever and we shall not be liable for any cost or damage arising either directly or indirectly from your use of Krishna Tech SMS.

Krishna Tech SMS is made available to you at all times on an "as is, as available" basis.

We make no representations or warranties that:-

(a) Krishna Tech SMS will meet your requirements or will always be accessible;

(b) Krishna Tech SMS will be uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code;

(c) the information, data and materials that may be obtained from the use of Krishna Tech SMS will be accurate or reliable;

(d) the quality of any information, data and materials obtained by you through Krishna Tech SMS will meet your expectations; and

(e) any errors in the information and data provided by Krishna Tech SMS will be corrected.

Any content whatsoever downloaded, retrieved, uploaded or otherwise obtained through the use of Krishna Tech SMS is done entirely at your own discretion and risk.

It is your sole responsibility to evaluate the accuracy, completeness and usefulness of all information, data and materials provided through Krishna Tech SMS.

Exclusion of Liability

We shall not at anytime be liable for any loss suffered by you and/or any third party arising from and in connection with the use of Krishna Tech SMS except where such loss is attributable to our negligence or wilful default.

Neither we nor our supporting service vendors shall be liable for any inconvenience, loss, damage (special or consequential) or injury suffered by you or any third party arising from or caused by:-

(a) your being deprived or the inability to access the use of Krishna Tech SMS as a consequence of any action by us and/or our supporting service vendors; or

(b) Krishna Tech SMS not being available due to system maintenance or breakdown/non-availability of any network; or

(c) any failure by us and/or our supporting service vendors to perform any obligation if such failure arises from a failure of, or any unauthorised and/or unlawful access to, any machine, data processing system or transmission link or any act of force majeure such as acts of God, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lock-outs, fire, flood, shortage of material or labour, delay in deliveries from sub-contractors, or any event outside our control; or

(d) any equipment or software providers, any service provider, any network providers (including but not limited to telecommunications providers, Internet browser providers and Internet access providers), or any agent or subcontractor of any of the foregoing.

All retrieval of data from the use of Krishna Tech SMS is done solely at your risk and we shall not at anytime be liable for the integrity or use of any data downloaded in any way.

Neither we nor any of our supporting service vendors nor our officers shall be responsible in any way for any direct, indirect, special or consequential, economic or other damages arising in any way from the provision and/or use of Krishna Tech SMS.

Indemnity

You shall at all times indemnify us against any liability, loss, damage, including solicitor and client costs and expenses (legal or otherwise) which we may sustain or incur, directly or indirectly, by reason of our having made available Krishna Tech SMS to you and/or enforcement of our rights under this Agreement or in acting upon any instructions which you may give in relation to Krishna Tech SMS or any negligence, fraud and/or misconduct on your part or on the part of any agents or representatives of yours or your breach of this Agreement.

Records

Records maintained by us and/or our supporting service vendors shall be conclusive against and binding on you except in the case of computation and/or manifest error.

Severability

If any term of this Agreement is unlawful or unenforceable under any applicable law, it will, to the extent permitted by such law, be severed from this Agreement and rendered ineffective where possible without modifying the other terms of this Agreement.

No Waiver

No failure to exercise, nor any delay in exercising, on our part any right or remedy under this Agreement will operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. Our rights and remedies in this Agreement are cumulative and not exclusive of any other rights or remedies provided by law.

Governing Law and Jurisdiction

This Agreement is governed by Indian law. You irrevocably submit to the non-exclusive jurisdiction of the Courts of Indian.