While using this website you agree to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and our End-User License Agreement (click here to view our Privacy Policy and our End-User License Agreement) govern iOMM Limited's relationship with you in relation to this website.

The term "iOMM Limited" (registered in Mauritius No. C07052386) or "us" or "we" refers to the owner of the website whose registered office is Suite 320, 3rd Floor Barkly Wharf, Le Caudan Waterfront, Port Louis, Mauritius. The term "you" refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• You may not create a link to this website from another website or document without iOMM Limited's prior written consent.
• Your use of this website and any dispute and or claim of any nature whatsoever arising out of such use of the website is subject to the laws of the Republic of Mauritius and to the exclusive jurisdiction of the Courts of the Republic of Mauritius.

   

  Effective date: July 2, 2008

Contract

When you place an order with iOMM Limited we will send you an e-mail confirming receipt of the order and the details of what you have asked for. Your order is an offer to us to buy a product and this is accepted by us when we send an e-mail confirmation to you that the product has been dispatched to you.

Returns

Please review our Returns Policy. Customers in the European Union are entitled to a statutory cooling-off period of seven business days. Details of this are provided in the Returns Policy

Pricing and availability

We make every effort to provide reliable information about the availability and prices of products and services on our website. However, please note that we cannot be absolutely certain of availability and we may not be able to supply an item when promised. iOMM Limited will not be liable in any way for a failure to stock an advertised item, or for failure to dispatch at the anticipated time.

Despite our efforts, it may sometimes be the case that the published price is not the same as the price which we need to charge. If the correct price is lower than the published price, we will charge the lower price and advise you accordingly. If the correct price is higher than the published price, we will, at our discretion, contact you to get your permission about what to do, or cancel the order and advise you.

Electronic communication

When you visit iOMM's website or send e-mails to iOMM, you are communicating with iOMM electronically. iOMM will communicate with you by e-mail or by placing information on iOMM's website. You consent to receive communication from us electronically and you agree that electronic communications satisfy any legal requirement that such communications be in writing.

Losses

IOMM will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and iOMM when you commenced using the website or when a contract for the sale by iOMM was formed. It is acknowledged that the contract of sale of POKATreaderEXECUTIVE is formed in the Republic of Mauritius

Alteration of Service or Amendments to the Conditions

It is sometimes necessary for us to make changes to the specification of a product or to amend the price or availability at short notice. . iOMM reserves the right to make changes to iOMM's website, policies, terms and conditions, specification, prices and availability at any time. You will be subject to the policies and Conditions sale or products in force at the relevant time. As Market Multiplier you shall not be entitled to any claim or indemnity whatsoever in connection with any change as aforesaid.

Events beyond our reasonable control

iOMM will not be held responsible for any delay or failure to comply with its obligations under these conditions if the delay or failure arises from any cause which is beyond iOMM's control.

Waiver

If you breach these conditions and iOMM take no action, iOMM will still be entitled to use its rights and remedies in any other situation where you breach these conditions. iOMM's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision

Disclaimers

iOMM disclaim any responsibility for the deletion, the failure to store, the non-delivery, the mis-delivery, or the untimely delivery of any information or material. iOMM disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. iOMM disclaims any responsibility for any outages that are caused by its maintenance on the servers or the technology that underlies our sites, failures of its service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.

iOMM DO NOT WARRANT THAT ITS SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, iOMM DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON ITS SITES. iOMM's SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH ITS SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER iOMM NOR ANY OF ITS PARTNERS MAKES ANY WARRANTY THAT (i) iOMM's SITES WILL MEET YOUR REQUIREMENTS, (ii) iOMM's SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF iOMM's SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER iOMM NOR ANY OF ITS PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO iOMM's SITES, ANY CONTENT, OR ANY OF iOMM's SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF iOMM's SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

iOMM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE iOMM's SITES, EVEN IF iOMM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Jurisdiction and governing law

The terms and conditions this Agreement is governed by the laws of the Republic of Mauritius and to the exclusive jurisdiction of the Courts of the Republic of Mauritius. Any dispute and/or claim of any nature whatsoever arising out of this Agreement and/or the use of the Product is subject to the laws of the Republic of Mauritius and to the exclusive jurisdiction of the Courts of the Republic of Mauritius are governed by the laws of Mauritius.

Miscellaneous

IOMM may be required to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on iOMM's sites or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, iOMM cannot be held liable if iOMM fail to notify you. You have the right to request that iOMM provides such notices to you in paper format, and may do so by contacting the Company Secretary, iOMM Limited, suite 320, 3rd Floor, Barkly Wharf, Caudan, Port Louis, Mauritius.

Effective date: July 2, 2008

We believe you will always be pleased with the products you purchase from us. However if, for any reason, you are unhappy with your purchase, we operate a 7 day "returns guarantee". If you contact us at returns@pokat.net within 7 days of downloading any one of our products, quoting the date you downloaded the product and the PRODUCT REGISTRATION KEY, we will provide you with instructions on how to remove the product from your computer whereby we can then decommission it on our licensing server. Once this has been done we shall issue you a full refund.

Cooling off period.
Customers in the European Union may withdraw from the purchase of an item within seven working days of the day after it is delivered. If you want to cancel your purchase within the cooling-off period, contact us at returns@pokat.net within 7 days of downloading any one of our products, quoting the date you downloaded the product and the PRODUCT REGISTRATION KEY, we will provide you with instructions on how to remove the product from your computer whereby we can then decommission it on our licensing server. Once this has been done we shall issue you a full refund

Governing law and Jurisdiction

This return policy is governed by the laws of the Republic of Mauritius and to the exclusive jurisdiction of the Courts of the Republic of Mauritius. Any dispute and or claim of any nature whatsoever arising out of this return policy is subject to the laws of the Republic of Mauritius and to the exclusive jurisdiction of the Courts of the Republic of Mauritius.

Effective date: July 2, 2008

iOMM Limited (iOMM) is committed to protecting your privacy.

Because iOMM collect two types of user information, General Statistical Information and Personal Identifying Information, iOMM are providing you with this policy to inform you of how iOMM use and, in limited circumstances, disclose such information.

Collection, Use and Disclosure of General Statistical Information

When you visit iOMM's web site iOMM gather certain general information, such as frequency of downloads, number of hits on iOMM's web site, and usage statistics with respect to iOMM's software products. This information is referred to throughout this policy as "General Statistical Information". IOMM use and store this data only on a collective basis, in summary form, rather than on an individual basis. This data helps iOMM to determine how and the extent to which certain parts of iOMM's web site and software are used. The stored General Statistical Information does not contain any Personal Identifying Information about you or any of iOMM's other users.

Collection and Use of Personal Identifying Information

In addition to collecting General Statistical Information, iOMM may ask you to provide iOMM with certain personal information, such as your name, street address and email address, to enable iOMM to respond to your requests and needs. Information that can reasonably be used to identify you is referred to in this policy as "Personal Identifying Information". For example, if you choose a service or transaction that requires payment, such as making a purchase online or through other means such as a purchase order, iOMM will request Personal Identifying Information necessary for payment, invoicing, and/or shipping.

In addition, when you purchase a POKAT software product, iOMM will also ask for product registration information, which includes the name of the product acquired, as well as your name, street address, and e-mail address. This Personal Identifying Information is kept on file and updated from time to time to fulfill iOMM's continuing obligations to you, such as providing notices of new versions and giving support by e-mail.

When you visit iOMM's web pages by clicking on an order link in the POKAT software and choose to complete a transaction, iOMM gather certain Personal Identifying Information to facilitate your purchase and usage statistics to analyze, on a collective basis, how and the extent to which certain parts of the POKAT Software is used.

When you provide iOMM Personal Identifying Information in an e-mail, fax or by telephone such as when you request technical and other types of support, iOMM use the information to locate your records and provide you with answers to your questions.

Also, when you submit information to iOMM in the context of a technical support inquiry, including sending submissions via iOMM's online help and support system, personal Identifying Information may be attached to the information submitted.

Please note that you should be aware that the transmitting any help or support requests or other attachments may include confidential information which should be removed prior to the transmittal as iOMM do not accept responsibility for the inadvertent subsequent disclosure of such confidential information. When you ask to be placed on one of iOMM's mailing lists, iOMM will use your e-mail address to send you messages relevant to that list.

Removal from Mailing List or Change of Personal Information

You may have your e-mail address changed or removed from iOMM's mailing list by submitting a request via mailchange@pokat.net

You may also change your street address or other Personal Identifying Information in iOMM's database by e-mailing iOMM at help@pokat.net

Disclosure of Personal Identifying Information

IOMM may disclose your Personal Identifying Information to appropriate third parties to process transactions you initiate, including shipping products to you and invoicing for purchases made. Examples of such third parties are iOMM's order processing and fulfillment service providers, credit card processing companies, and third parties whose product or service you purchase, register for, use or acquire through us. IOMM may also disclose your Personal Identifying Information to third parties if iOMM are required to do so by law, or if iOMM believe that such action is necessary to:

• Comply with legal processes such as a search warrant, subpoena, or court order;
• Protect iOMM's rights and property; or
• Protect against misuse or unauthorized use of iOMM's web site and/or iOMM software products.

IOMM never loan, rent or sell your Personal Identifying Information to others.

Cookies

Your Internet browser has a feature called cookies, which stores small amounts of data on your computer about your visit to any of iOMM's sites. You do not need to have cookies turned on to visit most of iOMM's sites, although active participation in certain areas of iOMM's sites may require cookies. Cookies alone tell iOMM nothing about who you are unless you specifically give iOMM personally identifiable information, in which case iOMM use the information to enhance your services in the ways described below. By adjusting your settings on your browser, you may elect not to allow cookies to be collected.

IOMM also use technologies, including electronic images known called transparent GIFs, clear GIFs, or beacons that allow iOMM to track general user-traffic patterns. IOMM also automatically receive and record information from iOMM's servers and from your browser, including your IP address, the time of your visit to pages on iOMM's site, and information about pages you visited. Unless you have registered for one of iOMM's products or services, the information iOMM gather through the use of tracking technologies cannot be matched with any personally identifiable information about you.

IOMM use cookies and tracking technologies in a variety of ways, including:

1. Keeping count of return visits to iOMM's sites;
   Accumulating and reporting anonymous, aggregate (data collected in mass), statistical information on Web-site and advertisement usage;
2. Determining which features iOMM's overall user population likes best;
3. Saving your password so you don't have to re-enter it each time you visit iOMM's sites;
4. Displaying the most appropriate advertising or content based on your interests.
5. To enhance the user experience in iOMM's network of sites. IOMM use tracking information to determine how well each page performs overall based on aggregate user demographics and traffic patterns to those pages. This helps iOMM continue to build a better service for you;
6. To fulfil your requests for certain products and services, such as sending out electronic newsletters and enabling you to participate in paid services, polls, contests, and message boards;
7. To send you information you agreed to receive about topics iOMM think will be of interest to you.

IOMM do not give any personally identifiable information to any other companies. Unless you visit the Web site of these companies and provide them with personally identifiable information about yourself, these tracking technologies tell those advertisers nothing about who you are. IOMM's advertisers' use of tracking technology is subject to their own privacy policies.

In addition, iOMM may use temporary session cookies to track your progress through iOMM's order processing system, keeping track of information such as the contents of your shopping cart and address. These session cookies only exist for the duration of your browser session.

Third Party Web Sites

The POKAT web sites may contain links to third-party web sites over which iOMM have no control or responsibility regarding content, privacy policies, or practices. IOMM suggest that you review the privacy policy applicable to any third party site that you visit. This privacy policy applies only to iOMM's web sites at www.pokat.com, www.pokat.net, www.pokatreader.com and www.pokat.biz. Please note that all on-line and telephone credit card orders for POKAT software products may be processed by a third party.

Web Site Security

IOMM's web site utilizes industry standard security technology to protect the security, integrity, and privacy of Personal Identifying Information from unauthorized third-party access. The Personal Identifying Information resides behind a firewall with access restricted to authorized iOMM employees and their agents.

Changes to the iOMM Computing Privacy Policy

iOMM may amend this policy at any time by posting the amended terms on iOMM's web site. All amended terms will be automatically effective without further notice, 10 days after they are first posted.

You may contact iOMM with your comments on iOMMs privacy policy at: privacy@pokat.net

Business transfers

IOMM are always seeking to improve iOMM's network of Web sites and iOMM's business. In accomplishing these objectives, iOMM may buy or sell a company, or one or more of the companies in iOMM's corporate family may merge with or be acquired by another company. If iOMM sell a business, iOMM may transfer some or all of your information as a part of the sale in order that the service being provided to you may continue or for other business purposes.

How will I know if the privacy policy is changed?

Any modifications to iOMM's privacy practices will be reflected first within this area of iOMM's network of Web sites. If there is a material change in iOMM's privacy practices, iOMM will indicate on iOMM's sites that iOMM's privacy practices have changed and provide a link to the new privacy statement. If iOMM are going to be using the information collected from users in a manner materially different from that stated at the time of collection, iOMM will send affected users written notice of the change by e-mail.

Privacy of children

None of the sites within iOMM's network is directed to children under the age of 13. IOMM operate iOMM's network of sites in compliance with the United States Children's Online Privacy Protection Act and do not permit registration by, and will not knowingly collect or use personally identifiable information from, anyone under 13 years of age.

Questions, Comments

Questions regarding this privacy statement or any other aspects of iOMM's network of Web sites should be sent to iOMM's registered office at Suite 320, 3rd Floor, Barkly Wharf, Caudan, Port Louis, Mauritius Attention: Legal Department. IOMM read every message submitted and try to reply promptly to everyone. IOMM may also file your comments to improve the site, or review and discard the information.

Governing law and Jurisdiction

This Privacy Policy is governed by the laws of the Republic of Mauritius and to the exclusive jurisdiction of the Courts of the Republic of Mauritius. Any dispute and/or claim of any nature whatsoever arising out of this Privacy Policy and/or the use of the SOFTWARE PRODUCT is subject to the laws of the Republic of Mauritius and to the exclusive jurisdiction of the Courts of the Republic of Mauritius.

Limitation of Liability

IOMM'S TOTAL LIABILITY HEREUNDER FOR DAMAGES OF ANY NATURE SHALL NOT EXCEED THE TOTAL PAYMENT MADE BY YOU FOR THE SOFTWARE. IOMM SHALL NOT BE LIABLE FOR ANY SOFTWARE FAILURE RESULTING FROM ACCIDENT, MISAPPLICATION, OR MODIFICATION WITHOUT PERMISSION. IN NO EVENT SHALL IOMM BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES WATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE PRODUCT, EVEN IF IOMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Effective date: July 2, 2008