The following are terms used in this Agreement :"Products" means the services, software applications, and products you can buy through PcMac; "Partner" means the company with which PcMac has partnered to bring you Product offerings; "Partner's Agreement" means the end user license agreement or terms of service that our Partners may require you to accept as part of your purchase or registration of a particular Product that you purchase through any PcMac product via any PcMac owned website, network or computer systems; and "We" or "Us" means PcMac, its affiliates, subsidiaries and successors in interest.
PcMac processes payments and handles all billing, cancellations, refunds, and returns for any purchase you make through any of PcMac′s websites, including Free Trials. Your purchase and the subsequent use of any Product is also subject to any Partner′s Agreement, as applicable. You should read this Agreement and the Partner′s Agreement for any Product you are purchasing, in their entirety.
You agree to pay for all Products and subscriptions that you purchase and we may charge any payment method you have provided for any such payments. We may, in our discretion, post charges to your payment method individually or we may aggregate your charges with other purchases you make through any of our other websites or web services as applicable. Any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and pay for such said purchases. If you purchase a subscription Product, periodic charges to your account will be billed in advance, unless otherwise expressly noted. It is your responsibility to maintain your online account, including current contact information and valid payment information, in order to continue to receive Products under monthly or other subscription plans. Please note that once you purchase a Product on a periodic or subscription basis, your account will be charged as long as it remains active, even if you have not downloaded or used the Product. All prices quoted are in U.S. Dollars and all charges to your account will be made in U.S. Dollars unless we indicate another currency.
If the Product you purchase is based on a monthly or other periodic subscription fee, the subscription fee will be automatically charged to your credit card or other payment method that you provided to us.
Credit Card Billing
You may be asked to provide us with a credit card number from a credit card issuer that we accept in order to activate your Product. You hereby authorize PcMac to charge and/or place a hold on your credit card with respect to any unpaid charges for any PcMac products via any PcMac owned website, network or computer systems. You authorize the issuer of the credit card to pay any amount described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amount described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize PcMac who bills products or services, or acts as billing agent for PCMAC to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide PcMac with updated credit card information upon PcMac′s request and at that time the information you previously provided is no longer valid. You acknowledge and agree that neither PcMac nor any PcMac affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enrol, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at PcMac′s option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional $15.00.
If your payment method or other online account information becomes invalid at any time, we may suspend or terminate the Products you have purchased if the said product is on a monthly subscription plan. In such event, we will attempt to notify you, but may not do so in all cases, and you should not rely on us to ensure that your online account and payment information are current. We retain the discretion to suspend or terminate your account or any particular Products you have purchased at any time and we reserve the right to assess an additional 15 percent per month late charge if your payment is more than 5 days past due date and to use alternate means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees incurred by us in our efforts to collect any remaining balances from you.
Product Cancellation & Refund
You may cancel any Product subscription at any time by contacting us and stating your account Id and terminating the Product subscription. If you have availed of any service prior to cancellation of the said service, the amount applicable shall be adjusted/charged as applicable and a cancellation charge as applicable per product or said service will be applicable.
If you are in a free trial period, your service may be discontinued immediately, and you will not receive any charges. If you are not in a free-trial period, your service will be discontinued at the end of your billing period. Please note that it is your responsibility to maintain your online account, including current payment information, in exchange for continuing to receive monthly use of a subscription-based Product.
For subscription based plans, a full refund will be issued if PcMac has not been able to resolve even a single issue for you within the first 7 days of the subscription. If there are one or more resolved issues, the fees for the subscription plan will not be refundable. Notwithstanding this PcMac may, at its sole discretion and on a case-to-case basis, agree to a refund of subscription fees after deducting charges for servicing the customer.
For incident based plans, you will be eligible for refund when any of the following criterions are met:
* The pre-requisites that were required to resolve the problem and the issue was still not resolved till the time the account was active. * The issue is out of scope of the particular plan. * One week has not passed after a PCMAC technical agent last worked upon the issue.
Limitation of Liability
We, our affiliates, agents and partners shall not be liable for any indirect, special, incidental, consequential or exemplary damage arising from your use of any product offered by PcMac on any of their websites or any product you acquire via the said website/websites. These exclusions for indirect, special, incidental, consequential or exemplary damages include, without limitation, damages for lost profits, lost or misappropriated account information, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we, our affiliates, agents or partners have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based.
In no event shall our liability exceed the price you paid for the product that is the subject of the claim.
Use of Information
General Terms & Conditions
The recipient or person making a purchase or use of our Products should be at least 13 years of age.
PcMac does not provide any hardware replacement services as part of any of the plans. A plan is applicable to a single well identifiable PC, laptop or a central processing unit and its peripherals. It is assumed you are well acquainted with all the parts and have access to the system all the time.
In case PcMac′s service is used for any unregistered computer system, you will be charged with a separate subscription fee to your account (similar to the subscription plan already chosen by you for your registered computer system).
PcMac′s Remote Technical Support service is available only to those clients who have paid the subscription charges in full. This service is provided either through email, chat or phone.
PcMac renders its services on the assumption that you are aware of the need to have a complete data back-up whenever you call on us for support and that you have a data recovery plan in place. PcMac will in no way be responsible for the loss of data during the process of remote technical support. You also understand that downloading anything beyond the space available on your system can pose serious hazards.
PcMac expects you to make fair & reasonable use of its services to resolve any problem within the scope of the subscribed plan. Should there be a situation where PcMac may feel that it has done everything possible and to the best of its ability, the issue has been resolved and your calls are nothing but intentional harassment, the agreement will be liable to termination. Any verbal, physical or written abuse (including threats of abuse or retribution) of an employee would also result in immediate account termination.
Transmission of any viruses or any code of destructive nature would not be entertained.You also agree that PcMac will not be in a position to serve if the service is requested after the expiry of the service plan period or some modifications have been carried out on the computer system; taking it out of our purview or you have used a peripheral or product incompatible with the system registered with us or you fail to follow the instructions contained in the product manual supplied by the manufacturer or your computer system has suffered a shock or an accident or the electrical wiring is faulty.
PcMac cannot be held responsible for any direct, indirect, incidental, special, consequential or exemplary damages leading to loss of profits, goodwill, use, data or other intangible losses resulting from: * The use or the inability to use the service * The cost of procurement of subPcMacute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service * Unauthorized access to or alteration concerning transmission of data * Statements or conduct of any third party on the service * Or any other matter relating to the service. Any liability would be limited to the value of service contract.
You may not use any PcMac product via any PcMac owned website, network or computer systems to: (1) infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, (2) invade the privacy right of any person or entity; (3) violate the rights of others; (4) misrepresent the identity of a user; (5) impersonate any person or entity, including any employee or representative of PcMac or our Partners; (6) tamper with or obtain unauthorized access to any PcMac website, computer systems or networks associated with PcMac, (7) conduct fraudulent or other illegal activities; (8) resell, transfer or sublicense any aspect of any product of PcMac; or (9) collect or harvest information regarding other users of any PcMac product via any PcMac owned website, network or computer systems for any reason whatsoever, including, without limitation, for sending such users unsolicited bulk e-mail or other forms of unsolicited bulk communications.
All text, images and other content ("Content") offered on any PcMac website, computer system or network are the property of PcMac. The Content may be protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights. You agree that you will not take any action to interfere with the ownership rights in the Content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. You may use the Content only for personal, non-commercial purposes.
We do not guarantee or warrant any of the performance specifications, warranties, functions or compatibility of any Product; these matters are governed by the Partner′s Agreement for the particular Product, which is incorporated herein by reference in its entirety. If you are dissatisfied with any Product for any reason, you hereby agree that your sole remedy is to cancel or return the applicable Products and discontinue your use of the Product. We provide products on PcMac websites/computer systems or networks "as is," "as available” and with all faults. We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, accuracy and fitness for a particular purpose. To the full extent permissible by applicable law, no oral or written information or advice given by us, or one of our representatives shall create a warranty, whether expressed or implied.
Upon a request by us, you agree to defend, indemnify and hold us harmless from all liabilities, claims and expenses, including attorneys' fees, which arise from a breach of this agreement or misuse of a product for which you are responsible or from your use of any PcMac product via any PcMac owned website, network or computer systems. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification in that matter.
You agree that all agreements and transactions between you and us will be done electronically. You agree to receive all notices and terms regarding any PcMac product via any PcMac owned website, network or computer systems and the Products either by (a) e-mail to you or by (b) posting them on the web page of the applicable service. To receive electronic notices, you must have access to the Internet and a current version of an Internet browser. You will need to provide your own printer if you want to print any of our terms.
You agree that the laws of the Indian Government govern this contract and any claim or dispute that you may have against us. That the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in Delhi, India and you agree and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such claim or action. please note that by agreeing to these terms, you are: (1) waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own; (2) irrevocably consenting to the exclusive jurisdiction of, and venue in, state or federal courts located in Chandigarh, India over any disputes.
This Agreement (and the Partner′s Agreement for the Product you purchase) is the entire agreement between you and us and supersedes any other communications, oral or written, or advertising. We may assign this Agreement at any time. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. No provision hereof shall be deemed waived or modified except in a written addendum signed by an authorized representative of PcMac or posted here electronically.
The failure of PcMac to exercise or enforce any rights or the Terms of Service will not amount to a waiver of such right or provisions. The Terms of Service constituting the entire agreement between PcMac and its clients govern the use of the Service, superseding any prior agreements made with PcMac (including, but not limited to, any prior versions of the Terms of Service).