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1.2. ACCEPTANCE. By placing your order on our site, you agree to abide by the conditions listed below.
1.3. Legal Capacity. You assure that you legally capable to be part of a contract.
1.4. Change in Conditions. We can modify the Conditions, without notifying you prior to the change. The Conditions which apply to your consumption of our products or services are the ones that we have published on the Site in the same period of your order.
2.1. Different Language. This contract is written in English. Other versions are available for your convenience. However, we are not bound by these translations.2.2. Selection of Language. Selecting a language certifies that you fully acknowledge the Conditions and the remaining information that�s on the Site in your chosen language. If you�re not certain about being able to comprehend the Conditions on the site, please don�t order anything from us. 1. Products, Offer, Acknowledgment, and Acceptance
3.1. Product Descriptions. These are texts that appear on the Site. You can contact us for more information before you order. Images have no contractual value.
3.2. No Offer. Prices, quotations, and descriptions, created or referred to on the Site, don�t reflect an offer by us. These are simply invitations. We may take them out or revise them at any moment prior to our acceptance of your order.
3.3. Product Choices. After studying a product�s or service�s features, the decision in choosing and purchasing one is at your discretion. Once you�ve validated an order, we deem that you�ve accepted the prices, volumes, quantities, and features, of the Product or Service that you have ordered.
3.4. Acknowledgment. Before we accept your order, an automated e-mail of acknowledgment, which pertains to your order, is generated and sent to you. This email of acknowledgment gives you the opportunity to modify the details of your order, if needed. Please remember that such acknowledgment does not equate a formal acceptance of your order.
3.5. Acceptance. An order made by you is an offer from you to us to buy Products or Services under these Conditions. The order that you�ve made is subject to subsequent acceptance; the contract is then formed after our acceptance of your order. Our acceptance is effective once we dispatch your order after checking its availability and payment of the Products that you�ve ordered.
3.6. Previous Dispute. We execute the right to decline orders from a customer who has records of a dispute regarding the payment of a previous order.
3.7. Errors. We take all the steps in ensuring you that the prices and Product descriptions on our Site are accurate. However, we cannot guarantee that all of the information on the site is correct. We reserve the right to give you a notice in regards to errors that relate to a Product before dispatching your order. In an event as such, we provide you the correct information for you to choose between confirming your order or cancelling it. If you confirm the order, you acknowledge the that Product or Service that�s provided is in accordance with the corrected terms.
3.8. Availability. We always take the necessary steps to always have the Products listed on our Site, to be always available to you. Albeit our efforts, we can�t always guarantee that these will always be in our, or the provider�s inventory. The moment that we�re not able to process and fulfil your order, we may: � Reject by sending you a rejection email along with a payment refund. � Propose another Product that can be similar to what you�re looking for. � Continue sourcing the Product from our providers for thirty (30) days after you�ve made an order. If we�re not able to obtain the Product, we will cancel (without liability), along with a cancellation email or a refund (if a payment has been made).
3.9. Pre-order. A new Product may be pre-ordered and the release date that we put out is from the information that we get from our suppliers and licensors. We�re not responsible if a release date is delayed, cancelled, or if the content or cover art of the pre-ordered Product has changed. If a new release is cancelled, we also cancel your order (without liability) along with a cancellation email and a payment refund (if applicable).
3.10. Archives Access. After your order�s validation, we may store, for a certain fair period of duration, records of orders, received, acknowledgments, acceptances, and other contract records. We also may be able to provide you these copies upon a written request. Albeit this, you shall still print or save copies of such documents and these Conditions for you to have your own records.
4.1.Terms of Price and Payment. Our products� prices are not inclusive of sales taxes or any of the required purchase taxes. They�re also exclusive of fees that concerns shipping and carriage. These taxes and charges are invoiced, if needed upon your specification of the information you deem necessary. Added to that, Promotion prices are only available individually and can not be applied in conjunction with another offer.
4.2. Price Modification. Our product�s prices may be modified at any time without notice. The prices that should be paid are based on what�s taking effect at the time that we�ve accepted your order.
4.3. Shipping and Carrier. If you prefer to obtain a physical version of your Product, we will charge you additional costs for handling; both shipping and carriage priced at what�s specified on the Site. However, free delivery doesn�t apply as these are part of our promotional and marketing strategies.
4.4. Currency. Prices are by default, published in US dollars on our US Pages. You can still purchase the Products in another currency and have it reflected on the invoice as too.
4.5. Payment. Your order must be settled by means of payment before delivery. The payment methods on the site are the only ones that can be used.
4.6. Security. Credit card transactions on the Site are secured. The numbers that you enter are encrypted through our use of the 128 bytes SSL encryption standards (Secure Socket Layer) which is to date, the most reliable on the Internet.
4.7. Title Retention. The products� title shall not be transferred to you until you�ve made a full payment.
5.1.Risk and Delivery. We don�t deliver to PO Boxes. We only deliver Products to existing street addresses. Before you finish your order, make sure that you check our acknowledgment or acceptance first, for any errors in the location that you�ve entered. In an event that you�ve given us an invalid address, we reserve the right to charge for the extra costs that came from, or in relation to any modification that you may make on the delivery address after you�ve submitted your order.
5.2. Delivery Timescales. Timescales of delivery or dates of delivery that are specified on the site, order acknowledgment, order acceptance, or elsewhere, are only estimates. Albeit our efforts to always meet these dates, we are not liable to you in terms of delays. These estimations are solely based on the current average timescales of our transactions. In an event wherein we�re not able to deliver the Products, you are eligible for a full payment refund.
5.3. Lost Product Risk. Products may be at risk of loss or damage. If you deny or fail to accept the delivery of Products, you are liable for any risk of loss or damage of the Products. We reserve the right to: � Demand immediate full payment for the Products delivered. � Store Products at Your expense which may include additional costs for your refusal or failure to take the delivery. � Dispose of the Products 30 days after the delivery date.
6.1. 1. Back-up and Download. Once the payment has been successfully processed, you will receive an e-mail that contains a link that provides you with access to a download space. Note that your Product will only be available for download up to one month only after your purchase.
6.2. Backup CD Option. You may choose to have a Backup CD once you�ve purchased a downloadable product. This gives you the opportunity to use the product right away while also having a backup copy if you want to reinstall it on your PC.
6.3. Extended Downloadable Period. If you want to have the product available for download 2 years after the date of your purchase, you can subscribe to have its download period extended.
7.1. Support. Different Products need different kinds of technical support. This support can be provided by us or our affiliated companies. We may modify the conditions in regard to this at any time without prior notice..
8.1. Statutory Cancellation Right. In accordance with the Distant Selling Regulations 2000, you have the right to cancel your order as a consumer for whatever reason without warranted statement of explanation in a period of seven (7) days after the delivery of the products.
8.2. Execution of Cancellation Right. You can exercise this right during the valid Cancellation Period by sending our Customer Service a written notice here. In addition to this, you should keep ample evidence in regard to your action of sending us the cancellation notice. This notice must include the following details: � Customer Name (First and Last Name) � Address � Email Address � Phone Number � Order Reference
8.3. Refund. On an occasion that you decide to exercise your cancellation right, we will refund your payment within 2 working days after you�ve sent us your cancellation notice.
9.1. Satisfaction Guarantee. You�re eligible to cancel your order for any reason within a (thirty) 30-day period after you�ve received the Product (Contractual Period). To claim this additional guarantee, kindly refer to the procedure below.
9.2. Exercise of Satisfaction Guarantee. To execute your right to cancel under the Satisfaction Guarantee, you have to send a written notice of cancellation within the Contractual Period by email prepaid with receipt of confirmation to our Customer Service. The notice must contain the following:
� Customer Name (First and Last Name)
� Email Address
� Order Reference For Products Downloaded � the notice must be accompanied by a written statement that: The Product is uninstalled from all of your computers. You will not install and use it anymore. Physical products that were delivered on your address must be returned to us on the Conditions in section 11.
9.3. Refunds. If you use your right of cancellation under the �satisfied or reimbursed� guarantee, we will refund you any amount you�ve paid in regards with your order as quickly as possible within a period of 2 (two) working days, which begins from the day that you�ve sent us the notice of cancellation.
10.1.Limited Guarantee We guarantee software mediums (CD-ROMS) for a duration that do not exceed thirty (30) days from receipt of the Product/s. The replacement for a medium doesn�t extend the 30-day limited guarantee period. We offer you the warranty that our Products, in regards to material aspects, comply with the Product Description that�s on the Site and they are of satisfactory quality and are designed to work as to how they�re described.
10.2. Guarantee Limitations. You won�t benefit from this Guarantee if: � The Product has been repaired or altered by persons that are not from us or our Product�s manufacturer. � Products that you�ve returned didn�t come with a detailed description of the defects that you�ve observed. � Products have not been used, stored, and maintained properly. We are also not liable for your failure to understand the manufacturer�s instructions in regard to installation and more.
10.3. Guarantee Exclusions. We don�t offer guarantees in connection with our product�s compatibility with your system. You acknowledge that there�s no possibility for a software product to meet your performance requirements or that it will work without discontinued support, discontinuity, or bug. Therefore, we�re not liable to the software�s quality or performance. In accordance to applicable law, the warranties in this Terms and Conditions are expressly in lieu of all other warranties, and unless otherwise expressly stated herein, we make no other warranty, expressed or implied, whether in law or in fact, oral or in writing, including, but not limited to, any express or implied warranty of merchantability or fitness for a particular purpose with respect to the Products or otherwise in connection with these Conditions or non-infringement or the like.
11.1. Product Returns. If you decide on cancelling an order by exercising your rights in section 8, or the contractual �Satisfaction Guarantee� in section 9, you�ll be notified by our Customer Service in writing on how to return the Products. If you�re planning to return faulty Products under the Limited Guarantee of section 10, kindly connect with our Customer Service to know what steps to take. For Products that are damaged, defective, and sent in error from us, we will give you a payment refund which includes the cost of postage. If you want a replacement, we can send the Product to with any charges. Products should be returned within thirty (30) days after the product has been delivered for their refund eligibility.
11.2. Duty of Care. If you cancel your order, you should not use the Products and you have to take ample care of them.
11.3. Product Return Costs. Costs of returning Products must be handled by you. However, we will pay for these if: � You cancelled your order by exercising your statutory right in Section 8. � You cancelled your order by exercising the contractual �Satisfaction Guarantee� under section 9. � You�re returning defective products under section 10.
11.4. Risk. Risks of returned products that are damaged or lost before we receive them back is not our liability.
12.Protection of Data . We only take personal identity information for our legitimate business purposes. We take all efforts to protect the information that you�ve provided through enforced security measures. We collect 2 types of data: To deliver the Products (Customer Information) � Name � Address � Telephone Number � Email Address To receive payment for your Orders (Payment Information) � Name � Bank and Credit Card Information
12.2. Data Disclosure to other parties. As stated in Section 4.7., the Payment information that you enter is encrypted and done on secured servers by our payment process provider (PayPal, Stripe, etc.) Your Customer Information, on the other hand, is disclosed to our parent company PCSupport360, added to that, we also have the right to disclose your Customer Information with other companies associated to ours.
12.3. Use of Data. Payment Information is solely used by our providers to process your payment. Customer Information is also used to notify you with our Site and Product updates. Our email marketing activities are handled by our parent company, PCSupport360, however, we reserve our right to contact you either directly or through other associated companies. For more about this, visit our Privacy Policy.
13.1. Limitations of Liabilities . We are only liable for the aforementioned if these have resulted from our negligence.
13.2. Foreseeable Losses. Your losses in business, commercial, profit, goodwill, contracts, anticipated savings, data or waste expenditures, or any other indirect consequential loss that wasn�t foreseeable to both you and us, at the time our contract was formed, or when you began using the Site, are only liable to us if we breach these Conditions and if it�s caused by our negligence. Nothing in these Conditions shall override statutory rights.
14.1. Licensing Terms. Our Products (Software Programs) are licensed by the relevant licensor. Its use is in accordance with the end-user-license agreement or other licensing terms that are included with the Software. In no circumstances, download or delivery of Software, equates the transfer of any ownership.
14.2. Copyright. Our Software may not be duplicated, adapted, translated, distributed, modified, decompiled, reverse-engineered, disassembled, varied, copied, or combined with any other software, save to the extent that this is in accordance with the licensing terms or any applicable law that expressly mandates such rights.
15.1 Consumer Law. Conditions written here cannot override the existing rights that you have, based on your country�s legislation in connection with the protection of consumers.
15.2. Assignment. You may not assign your rights under these Conditions to third parties.
15.3. Severability. If court deems any provisions in these Conditions to be invalid, unlawful, or can�t be enforced, they will be void or invalid. However, a decision as such can not affect the validity or enforceability of the remaining ones.
15.4. Waiver. No provision of these Conditions can be considered waived by us and no breach is permissible unless a consent in writing is signed. Such waiver by us to, consent by us to, a breach of any provision of this Agreement by you, is invalid or cannot be construed as a waiver of, consent to, or excuse of any subsequent breach by you.
15.5. Headings. The headings of each section in these Conditions are for reference only and cannot affect the interpretation of these Conditions. 15.6. Rights of Third Parties. Under the provision of the Contracts Act 1999 (Right of Third Parties), these Conditions are not made to confer any benefit on a third party. Any rights not expressly granted herein are reserved to us.
15.7. Export Control Laws. Export, re-export, or import of PCSupport360 are subject to export controls administered by the United States and other countries. Any action on the aforementioned is your responsibility that�s in compliance with all applicable international, national, state, regional and local laws. Remote Technician
16.1. Remote Technician Services PCSupport360 may offer remote technician services, including live technical support and troubleshooting over the phone or through your computer or device (collectively, the �Remote Services�). Use of the Remote Services is subject to the terms and conditions of this Agreement.
16.2. By using the Remote Services, you authorize PCSupport360, its employees, and its contractors, to access and control your device or computer, including the installation of and use of software, the collection of system data, and modifying your device or computer�s settings for the purposes of support, diagnosis, service, and repair.
16.3. The employees and contractors PCSupport360 are not responsible nor liable under any circumstance at any time for any loss or harm that may arise from or may be related to the Remote Services. PCSupport360 does not offer separate backup copies or support installation of unlicensed software to customers. Please make sure that you have a licensed copy of all necessary software.
16.4. PCSupport360 will use its commercially available resources to help you with your problem. However, we cannot guarantee that we can solve all computer or device problems. The provision of Services may not be successful because the problem is beyond our ability to resolve remotely.
16.5. You grant PCSupport360 permission to check, record, and monitor the Remote Services, including telephone calls and online sessions for purposes of improving customer service, internal training, and internal market research. You further hereby grant PCSupport360 permission to use or disclose any such information as necessary or appropriate to satisfy any law, regulation, or other governmental request; to provide the Remote Services to you and to protect ourselves and/or our customers; and to enhance the types of Remote Services we may provide to you in the future.
16.6. Agents providing Remote Services do not backup or restore data as part of the Remote Services, and PCSupport360 will have not be liable for any loss or damage to information on your device or computer in connection with the Remote Services. You are solely responsible for the maintenance and backup of your information, software, text, data, or other stored materials (�Data�) before using the Remote Services. DMCA Notice.
17.1 This site is an Internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement)
Notification of Claimed Infringement: PC Support 360
Agent's Name/Email Address: [email protected]
Telephone: 802-321-2995
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed. In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
18. Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED "AS-IS", AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
19. Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20. Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent. 13. Links to Third-Party Websites. We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites' terms of use and privacy policy.
21. Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
22. Consumer Rights Information; California Civil Code Section 1789.3. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
PC Support 360 Contact: [email protected]
Telephone:802-321-2995
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254. 23. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Haryana, and may be conducted by telephone or online. The arbitrator shall apply the laws of the Haryana to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
24. Jurisdiction and Venue. The courts of Haryana shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.
25. Controlling Law. This Agreement shall be construed under the laws of the Haryana, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
26. Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
27. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
28. Privacy. Please review this site's Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site's home page.
