Terms & Conditions
TERMS
Terms of Service this document consists of the Terms of Service Agreement, hereinafter
referred to as the "Agreement", and constitutes a legally binding Agreement between
you, ("You") the visitor to our site and/or Member receiving our services and CompuWatch.
Professional Softec Private Limited (PSPL) is the company that owns and operates
this Site and provides the tools and services offered by CompuWatch via this Site.
AGREEMENT
The Plan Order will form the part of the "Agreement" if the person above the age
of eighteen (18) Register himself/herself for receiving services of CompuWatch as
per the needs of the user’s computer without anyone’s undue pressure and with the
full consent of the individual ("You") as well as The Plan Order will form the part
of the "Agreement". You must agree to the Terms and Conditions in order to be eligible
to use the CompuWatch.
DEFINITIONS
Certain terms defined in these Terms and Conditions are also used in the Privacy
Policy and AUP and are incorporated by reference to these Terms and Conditions.
"YOU"
"You" means you individually, firm, company or any entity visiting CompuWatch.in
and using its services except the employees of Company, its dealers & their staff,
relatives of staff of company & dealer.
"SERVICES" "
Services means any facility provided at CompuWatch whether at present or in future.
"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 on CompuWatch are the proprietary and copyrighted work of CompuWatch.
"SOFTWARE"
"Software" means a computer program hoisted on CompuWatch.in, whether owned by PSPL
or a third party, whether delivered via download, CD, other media, or other delivery
method, including Member and/or network security software. Elements of the Software
are protected under copyright, trade secret, unfair competition, and other laws.
SUBMISSION OF PLAN ORDERS; SERVICE PLANS
You may order Services by submitting Plan Orders as per your needs available at
CompuWatch.in. Once CompuWatch.in accepts the Plan Order submitted by you, then
you will receive an email from CompuWatch.in at the email address that you provide
or have provided to CompuWatch.in as part of the Registration Process for the Services.
CompuWatch.in is not responsible for rendering Services in connection with any Plan
Order that it has not accepted. CompuWatch.in will attempt problem diagnosis and
a solution through email or other means as it deems most appropriate under the circumstances
including remote access. You understand that if remote access is used on your computer
there will be no residual software from the remote session; however, there may be
a text file placed on your computer that will explain the work that was done on
your computer. If such a text file is placed on your computer, you have the option
to either save the file for future reference or to delete it from your computer.
FEES:
The Services of CompuWatch will be available only once you have made payment for
Services according to the requirements of the corresponding Plan Order. You understand
that the Service Plans will have fee for one year only.
Payment Method and Terms
We accept Visa, MasterCard, and American Express, and Diner's Club credit cards
and certain debit cards, online net banking as forms of payment. By submitting an
order through CompuWatch.in portal, you authorize the Company, or its designated
payment processor, to charge the account you specify for the subscribed amount.
When you provide your credit card or debit card number to CompuWatch.in, you may
authorize us to store your card number and related payment information which will
be used only for renewing the subscription packages.
CARD PAYMENT:
You may be asked to provide us with a debit or a credit card number for subscribing
the services as CompuWatch.in also uses a very secure and easy mode of payment in
order to activate your Service. You hereby authorize CompuWatch.in to charge and/or
place a hold on your debit or a credit card with respect to any unpaid charges for
Services or any related equipment. You authorize the issuer of the credit card to
pay any amounts 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 amounts 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 CompuWatch.in and/or any
other company who bills products or services, or acts as billing agent for CompuWatch.in
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 CompuWatch.in with updated credit card information
upon CompuWatch.in request in case any time the information you previously provided
is no longer valid. You acknowledge and agree that neither CompuWatch.in nor any
affiliated company, dealers, executive 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 enroll, in an automatic payment
or electronic funds transfer plan, you agree that all sums described herein may
be charged, at CompuWatch.in 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 Rs. 150.
MONEY BACK POLICY/REFUND POLICY
CompuWatch.in does not pressurize You to subscribe to the services offer on its
portal. Once you make payment at CompuWatch.in, CompuWatch.in is not bound to refund
the amount. The refund will be granted only, if the CompuWatch shut down its portal.
Refund will not be granted even if you don’t find the services offered by CompuWatch
useful for you. CompuWatch doesn’t force you to make payment without understanding
the services provided at CompuWatch.in.
END USER LICENSE AGREEMENTS - GENERALLY
In connection with our Service, we may provide to you, the use of certain software
which is owned by CompuWatch.in or its third party licensors, and suppliers. We
as well as the third party licensors reserve the right to update or change the Software
from time to time and you agree to cooperate in performing such steps as may be
necessary to install any updates or upgrades to the Software. You 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. The Software may be accompanied by an end user license
agreement from CompuWatch.in or a third party. Your use of the Software is governed
by the terms of that license agreement and by this Agreement, where applicable.
You may not install or use any Software that is accompanied by or includes an end
user license agreement unless you first agree to the terms and conditions of the
end user license agreement.
EMPLOYEES
The company will create account of executives as per the policy of the company.
The employees of the PSPL or employees of its dealers will not part of EWI scheme.
They cannot become the member directly or indirectly through their relative/family
member at www.CompuWatch.in. If the company found that they are doing indirect marketing
in name of their family member/relative, the company will cancel the payout of EWI
paid to me and will recover along with interest @ 2% per month.
END USER LICENSE AGREEMENT FOR CompuWatch SOFTWARE
With regard to any Software made available to you by CompuWatch.in Portal for which
your acceptance of a separate license agreement is not required, you are hereby
granted a revocable, non-exclusive, non-transferable license by CompuWatch.in to
use the CompuWatch Software (and any corrections, updates and upgrades). In accordance
with and as required under the Service Plan you shall not make any copies of the
CompuWatch Software. You agree that the CompuWatch Software is the confidential
and proprietary information of CompuWatch or its third party licensors, providers
or suppliers, and which you shall not disclose to others or use except as expressly
permitted herein.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of CompuWatch.in 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 services
offered at CompuWatch.in portal. You hereby release CompuWatch.in from any and all
liability, and agree that CompuWatch.in shall not be liable to you or any third
party for any direct or indirect damages whatsoever, resulting from such delays.
24x7LiveSupport 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:
- Any item or activity not covered by the terms of a Plan Order;
- Service beyond the duration limitations identified in your Plan Order;
- Problem diagnosis and support that may not be completed because of a problem with
your computer or other equipment, or their configuration that is beyond our control;
- Software, including the operating system and software added to the registered hardware
products which are out of scope for the Service Plan;
- 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 manufacturer or failure to
perform preventive maintenance;
- Problems caused by using accessories, parts, or components not compatible with the
product: or
- Non-Compliance with the CompuWatch.in engineer instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE CompuWatch.in PORTAL,
OR THROUGH A SERVICE
For your convenience, CompuWatch.in may make available Materials or Software (as
each term is defined below) for use and/or download, whether as a part of a Service,
or in promotion of the Services. Use of any Materials and any Software is governed
by the more stringent of
(a) the terms of the end user license agreement ("EULA"), if any, which accompanies
the specific Materials and Software, or
(b) if there is no EULA, these Terms and Conditions.
The Materials and Software are made available for download solely for use by you
according to (a) the EULA, and (b) the Plan Order. 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 CompuWatch.in
Web site may be copied or retransmitted unless expressly permitted by CompuWatch.in.
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.
INDEMNITY
You agree to indemnify, defend, and hold CompuWatch, its subsidiaries, affiliates,
officers, directors, employees, agents, licensors, consultants, suppliers, dealers
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 your violation of these terms and Conditions, misuse or abuse
of a Service, or your infringement, or infringement by any other user of your account,
of any intellectual property or other right of any person or entity. You will cooperate
as fully as reasonably required in CompuWatch’s defense of any claim. CompuWatch
reserves the right, at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you and you shall not in any
event settle any matter without the written consent of CompuWatch. You agree immediately
to notify CompuWatch of any unauthorized use of your account or any other breach
of security known to you.
WARRANTIES & LIABILITIES
(a) No Warranty on Third Party Software. CompuWatch MAKES NO WARRANTY OF ANY KIND
AS TO THE PERFORMANCE OR QUALITY OF ANY THIRD PARTY SOFTWARE OR CompuWatch’s ABILITY
TO RESTORE THIRD PARTY SOFTWARE TO GOOD WORKING ORDER. YOU WILL LOOK SOLELY TO THE
SUPPLIER OF THIRD PARTY SOFTWARE TO OBTAIN ANY APPLICABLE LICENSES AND FOR ANY CLAIMS
RELATING TO THE PERFORMANCE OF SOFTWARE, AND ANY UPDATES, ON THE REGISTERED COMPUTER.
(b) Warranty Disclaimer. THIS SERVICE (INCLUDING ALL INFORMATION, CONTENT, COMMUNICATIONS,
FEATURES, PRODUCTS, SOFTWARE, REPOSITORIES, DIAGNOSTIC REPORTS, INVENTORY DESCRIPTION
FILES AND CONFIGURATIONS) MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED
AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY,
QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, AND FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. THE SITE IS NOT RESPONSIBLE
FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS
ENTERED INTO WITH THE SERVICE. THE SERVICE IS NOT RESPONSIBLE FOR ANY HARASSING,
DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES IN ONLINE COMMUNICATIONS
AND PUBLIC FORUMS. YOU AGREE TO MAINTAIN ORIGINAL MEDIA OR ARCHIVAL COPIES OF ALL
SOFTWARE AND CUSTOMER DATA FOR YOUR REGISTERED COMPUTER. THERE ARE NO THIRD PARTY
BENEFICIARIES OF THIS AGREEMENT.
(c) Limitation of Liability. CompuWatch IS NOT LIABLE FOR ANY DIRECT OR INDIRECT
DAMAGES. IN NO EVENT IS CompuWatch LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE), FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST GOODWILL,
LOSS OF USE OF YOUR REGISTERED COMPUTER, LOST OR CORRUPTED PROGRAMS OR DATA OR BUSINESS
INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS
A MATERIAL CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND HAS BEEN
FACTORED INTO THE AGREEMENT AS A WHOLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING
LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION IS INDEPENDENT OF REMEDY LIMITS.
(d) Indemnification. You agree to defend, indemnify and hold harmless the Service
and its officers, directors, owners, agents, employees, advisers and consultants,
from and against any claims, actions, demands, liability, damages (including legal
and professional fees) asserted by any third party and arising from your use of
the Service in violation or contradiction of this Agreement, including any claim
that your Registered Computer contains unauthorized software or data, or that your
Repair &Maintenance Authorization or Archive &Restore Authorization were without
legal authority or were legally ineffective to grant the authorization that they
purport to grant.
(e) Limitation of Remedies. You agree that if the Service breaches this Agreement,
your sole and exclusive remedy will be to terminate this Agreement and your relationship
with the Service and recover your Subscription Fees, to the extent permitted herein.
This applies regardless of whether this exclusive remedy fails of its essential
purpose.
(f) Protected Parties. THE WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND
RESERVATION OF RIGHTS CONTAINED IN THIS AGREEMENT PROTECT CompuWatch, ITS OFFICERS,
DIRECTORS, OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS,
DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS.
TERMINATION
Either party may terminate this Agreement in their sole discretion, at any time
with or without cause and regardless of the stated registration period otherwise
applicable. We reserve the right to suspend or terminate operation of this Service,
or any feature of this Service, at any time upon notice. Upon termination, Inventory
Description Files may continue to be used on an anonymous basis for research and
continuous improvement purposes as specified herein or may be permanently deleted,
as CompuWatch may determine. Protections afforded to us and to third parties by
this Agreement will survive termination. If this Agreement is suspended or terminated
as a result of unauthorized use or infringement of rights to Content obtained from
the System, you agree that upon request, you will destroy all copies of such Content
in your possession or under your control.
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. CompuWatch'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 CompuWatch Portal is available internationally and may contain references to
CompuWatch Support products, services, and programs that are not available in a
viewer's country. These references do not imply that CompuWatch Support intends
to make such products, services, or programs available in such country.
CHANGES TO SITE
We reserve the right to modify, change or discontinue the Service or any feature
at any time without notice, except we will give advance public notice of any upcoming
price changes. You agree that the Service is not liable to you or to any third party
as a result of any such action. We invite users to make suggestions for ways that
the Service can be improved. If you make a suggestion, you authorize us to use the
idea and to publish your name in connection with the submission. We do not pay compensation
for using submissions.
MODIFICATION
CompuWatch reserves the right to amend the Terms and Condition, and the CompuWatch
Portal at any time by (a) posting a revised version of the Terms and Conditions
on the CompuWatch Portal, or by (b) sending information regarding any amendment
to the Terms of Service to the email address you provide to CompuWatch in connection
with registration. You are responsible for regularly reviewing the CompuWatch website
to be notified of any amendments to the Terms and Conditions. Your use of the CompuWatch
Portal or the Services after an amendment to the Terms and Conditions shall be deemed
acceptance by you of the amended Terms and Conditions.
LAW; FORUM
This Agreement and the rights and obligations of the parties under this Agreement
and any disputes arising out of or in connection with this Agreement shall be subject
to Jaipur Jurisdiction and will be governed in all respects by the laws of the state
of Rajasthan without regard to conflicts of law principles that would require the
application of the laws of any other jurisdiction.
