TERMS AND CONDITIONS

Terms Of Use

These terms and conditions ("terms and conditions") state important requirements regarding your use of PC Cure's computer support service and your relationship with PC Cure. You should read them carefully as they contain important information and instructions pertaining to your and our rights and obligations for the PC Cure service.


Agreement

These terms and conditions, together with each accepted plan order submitted by you, the acceptable use policy ("AUP") and the privacy policy, state the entire agreement between you and PC Cure (the "agreement"). You must agree to the Terms and Conditions in order to be eligible to use the PC Cure Portal (defined below), or obtain Services (defined below). If you choose not to submit a Plan Order, then the entire "Agreement" between you and PC Cure consists of these Terms and Conditions, and the AUP and the Privacy Policy.


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, any person, including any employer that you are acting on behalf of.


Services and PC Cure Portal

All references to "Services" refer to any PC Cure service plan that you enter into with PC Cure through use of the PC Cure web portal located at www.pccure.org (the "PC Cure Portal"). These Terms and Conditions govern all plans available through the PC Cure Portal, and any use of the PC Cure Portal. In the event of any conflict these Terms and Conditions control any Plan Order form that you submit requesting Services ("Plan Order").


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 to download from the PC Cure Portal said materials are the proprietary and copyrighted work of PC Cure and/or its suppliers.


Software

Software means a computer program of any kind, whether owned by PC Cure or a third party, whether delivered via download, CD, other media, or other delivery method, including client 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 through the PC Cure Portal. Once PC Cure accepts the Plan Order submitted by you, then you will receive an email from PC Cure at the email address that you provide or have provided to PC Cure as part of the Registration Process for the Services. PC Cure is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by PC Cure of a Plan Order, you will have a Service Plan.


Undertaking

Subject to the Terms and Conditions, and the specifics of each Service Plan, PC Cure will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, PC Cure will attempt problem diagnosis and a solution over the telephone, through chat or email, or other means as it deems most appropriate under the circumstances. All undertakings under Service Plans are subject to PC Cure’s Limited Warranty, which is set forth below.


Payment

Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. PC Cure has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been so made.


Refund

PC Cure services are delivered on a state-of-the-art integrated delivery platform which allows us to support your computer(s) remotely and/or, in association with our partners, by way of a visit to your home. If for any reason you are not wholly satisfied with the service, we will make every effort to resolve the issue. If you are still not satisfied with the same, we offer a money back policy as follows:


At PC Cure we will provide you with 100% refund, if claimed within 7 Days from the date of Purchase. The absolute cooling off period for the Refund is 14 Days from the date of purchase.


After the 14 day refund period is elapsed, any and all refund requests will be considered upon after a case analysis and the decision for partial or full refund shall entirely be dependent on the discretion of PC Cure.


Privacy Policy

PC Cure Privacy Statement

The PC Cure Privacy Policy which is an integral part of these Terms and Conditions is incorporated here by reference. If you have not yet reviewed the PC Cure Privacy Policy, then please do so prior to agreeing to these Terms and Conditions. PC Cure is committed to protecting our customer’s privacy. We only ask for information necessary to process your order in an efficient manner. We will never share any of your information with any individual outside our company without your clear consent. PC Cure uses SSL (Secure Socket Layer) to protect your privacy and information when you submit any payments.


PC Cure Confidentiality

We consider Personal Information to be all that information, which can be used to locate you, contacts you, or determine your specific identity. When other information is linked to Personal Information, it also becomes Personal Information. All personal information, such as your name, postal and e-mail address or telephone number, is considered private and confidential. This personal information is stored in a secure location, is accessible only by designated staff, and is used only for the purposes that you have given us permission for e.g. provision of services. PC Cure guarantees that no personal information will be released to an individual or corporation except when client authorization is received allowing the information to be released.


PC Cure Collection of Information

There are various methods by which we collect user information. This information is all protected by the PC Cure privacy policy and will not be released to any third party without consent from the client. When you register by ordering the services of PC Cure, we require basic personal information which will include but will not be limited to your name, company, address, email address, phone and fax. We collect the appropriate billing information, which includes but is not limited to your credit card number, expiration date, and billing address and verify the information through Paypal, a secure site billing service. We retain information which may be personal and given voluntarily at other times, including but not limited to when you provide opinions pertaining to complaints, appreciation and comments on the service/product being provided by PC Cure.


Non-Disclosure of Personal Information

We will not reveal your Personal Information to unaffiliated third parties without your consent. If we seek your consent to disclose your Information to a third party, we will do so unambiguously, explaining precisely what information we seek to disclose, the entity to whom we wish to disclose it, and the purpose for the disclosure.


There are, however, some limited circumstances in which we may be need to disclose Personally Identifiable Information about a user, and we want you to know about them: We may employ other companies to perform functions like but not limited to processing credit card payments, or other functions necessary to our business. We may need to share personal information with these companies. However, we will provide them with only that information necessary to perform their functions, and will not allow them to use that information for any other purpose.


We may reveal personal information if legal directives suggest that the user is harming or interfering with other PC Cure clients, anyone else, or violating (either intentionally or unintentionally) our terms and agreement form or infringing any of PC Cure legal rights.


PC Cure will be legally bound to reveal information, including Personal Information, to the extent it reasonably believes it is required to do so by law. If PC Cure receives legal process calling for the disclosure of any of its clients Personal Information we will, if permitted by law, attempt to notify the client via the e-mail address you supplied during registration within a reasonable amount of time before we respond to the request.


Changing or Removing Information

Since general tracking information is anonymous, we have no way to locate this information obtained by your use of the service. In addition, this information is often aggregated. Therefore, we cannot remove the information obtained from you or as a result of your usage of the website or service.


Security

We employ reasonable and current security methods to prevent unauthorized access, maintain data accuracy, and ensure correct use of information.


Your personal data will be stored within a database that is located behind a firewall for added security. The server housing the database is physically protected at a secure, third party site and is monitored by security personnel twenty-four hours a day. Only authorized personnel can access the data center and the particular server housing the database.


No data transmission over the Internet or any wireless network can be guaranteed to be secure. As a result, while we try to protect your personal information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.


We do not encrypt your normal web sessions with the Service using SSL. Any transmission to the PC Cure website or service of credit card information uses SSL encryption.


PC Cure Privacy Policy Change

PC Cure may change its privacy policy but all changes made regarding disclosure of Personal Information to third parties will be made after notification through electronic means prior to the date the modified policy takes effect. Any new policy will have effect only, to information previously gathered without your express consent.


Acceptable Use Policy (AUP)

The PC Cure Acceptable Use Policy is an integral part of these Terms and Conditions and is incorporated here by reference. If you have not yet reviewed the PC Cure AUP, then please do so prior to agreeing to these Terms and Conditions. You agree that your use of the PC Cure Portal, the Services, and/or any Materials will conform to and be governed by the AUP specifically, as well as these Terms and Conditions and the Privacy Policy generally.


Guests: Limited License to use of PC Cure Portal

Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. PC Cure has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been so made.

As a Guest you may use the PC Cure Portal and Materials (defined below) specifically designated as available to guests on the PC Cure Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by PC Cure, (b) registering with PC Cure and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.


Communications Services

PC Cure may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with PC Cure's employees and others as appropriate to your Service under a Plan Order (each a "Communication Service" and collectively "Communication Services"). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.


Limited Licenses to use the PC Cure Portal, Materials and Software

As permitted through a Service, you may use Materials and Software (as defined below) posted on the PC Cure Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.


General License Restrictions

Any other use of the PC Cure Portal, Services, Materials or Software, other than as explicitly permitted by PC Cure is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to PC Cure and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.


User Responsibility

In connection with obtaining Services, you agree that you will:

1. Cooperate with the PC Cure Engineer: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the engineer. Please listen carefully to the engineer and follow the engineer's instructions. You must confirm that the following conditions are true:

1.1 The situation giving rise to the question is reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;

1.2 You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;

1.3 The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with PC Cure support personnel.


2. Software/Data Backup: You understand and agree that PC Cure shall under no circumstance be responsible for any lost or corrupted software or data. PC Cure strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.


3. Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify PC Cure immediately of any unauthorized use of your account or any other breach of security. PC Cure will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by PC Cure or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.


Availability of Services and Materials under Force Majeure Circumstances

You hereby acknowledge that circumstances outside of PC Cure's 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 PC Cure's ability to schedule a support session. You hereby release PC Cure from any and all liability, and agree that PC Cure shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. PC Cure 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:

1. Any item or activity not covered by the terms of a Plan Order;

2. Service beyond the duration limitations identified in your Plan Order;

3. 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;

4. Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;

5. Problems that may and do result from:

5.1 External causes such as accident, abuse, misuse, or problems with electrical power;

5.2 Usage that is not in accordance with product instructions provided by manufacture;

5.3 Failure to follow the product instructions provided by manufacturer or failure to perform preventive maintenance;

5.4 Problems caused by using accessories, parts, or components not compatible with the product: or

5.5 Non-Compliance with the PC Cure engineer instructions for resolving the query.


Notice Specific to Materials and Software Available on the PC Cure Portal, or through a service

For your convenience, PC Cure 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 PC Cure Web site may be copied or retransmitted unless expressly permitted by PC Cure.

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.


End User License Agreements (EULA) – General

In connection with our Service, we may provide to you certain software which is owned by PC Cure 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 a EULA from PC Cure or a third party. Your use of the Software is governed by the terms of both that license agreement and this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.


EULA FOR PC Cure Software

With regard to any Software made available to you by PC Cure through the PC Cure Portal for which your acceptance of a separate license agreement is not required ("PC Cure Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by PC Cure to use the PC Cure 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 PC Cure Software. You agree that the PC Cure Software is the confidential and proprietary information of PC Cure or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the PC Cure Software, or otherwise reduce the PC Cure Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the PC Cure Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the PC Cure Software. You acknowledge that this license is not a sale of intellectual property and that PC Cure or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the PC Cure Software and related documentation, as well as any corrections, updates and upgrades. The PC Cure Software may be used in the United States only, and any export of the PC Cure Software is strictly prohibited.


Third Party Software

As part of the Services, PC Cure may suggest that you acquire, install and use certain third party software ("Third Party Software"). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether or not PC Cure directly assists you in the acquisition, installation, and/or use of Third Party Software. PC Cure has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.


Your license to the PC Cure Software shall remain in full force and effect unless and until terminated by PC Cure, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the PC Cure Software and immediately delete the PC Cure Software from your computer.


To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.


Third Party Agreements

As part of the Services, PC Cure may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider's terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that PC Cure may elect to make available from time to time. Violation of such third party provider's terms of service may, in PC Cure's sole discretion, result in the termination of your customer account and use of service.


Limited Service Warranty

PC Cure disclaims all warranties express or implied as to the services, the materials and the software whether in the nature of merchantability or fitness for a particular purpose, or otherwise. In the event that you are not satisfied with the services, your sole remedy is to (a) allow PC Cure to reperform the services subject to dispute, (b) re-download and reinstall the software.


PC Cure and/or its respective suppliers make no representations about the suitability of the information contained in the services, materials or the software for any purpose whatsoever. All materials and software are provided "as is" without warranty of any kind whatsoever. PC Cure and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.


The materials could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. PC Cure and/or its respective suppliers may make improvements and/or changes in the materials and/or the software described herein at any time.


In no event shall PC Cure and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of services, materials or software, failure to provide the same, or information available in the materials.


Limitation of Liability

Not with standing anything to the contrary, in no event shall PC Cure be liable to you in excess of the amounts actually paid by you to PC Cure under the Plan Order that is the subject of the dispute.


Limitations on Actions

Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.


Term and Termination

PC Cure at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of PC Cure:

(a) You are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software;

(b) Your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, PC Cure's network, or the use and enjoyment of PC Cure's other users;

(c) PC Cure receives an order from a court to terminate the Service you are using;

(d) If PC Cure for any reason ceases to offer the Service;

(e) If you are no longer a PC Cure customer, or

(f) PC Cure determines that you are abusing the Service.


PC Cure, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.


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. PC Cure'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 PC Cure Portal is available internationally and may contain references to PC Cure products, services, and programs that are not available in a viewer's country. These references do not imply that PC Cure intends to make such products, services, or programs available in such country.


Modification

PC Cure reserves the right to amend the Terms and Condition, and the PC Cure Portal at any time by (a) posting a revised version of the Terms and Conditions on the PC Cure Portal, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to PC Cure in connection with registration. You are responsible for regularly reviewing the PC Cure website to be notified of any amendments to the Terms and Conditions. Your use of the PC Cure Portal or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.