Terms and Conditions
COMPUTER FREEKS IS AN INDEPENDENT SERVICE PROVIDER OF REMOTE TECH SUPPORT FOR THIRD PARTY PRODUCTS. ANY USE OF THIRD PARTY TRADEMARKS MENTIONED BRAND NAMES, PRODUCTS AND SERVICES IS REFERENTIAL ONLY AND COMPUTER FREEKS HEREBY DISCLAIMS ANY SPONSORSHIP, AFFILIATION OR ENDORSEMENT OF OR BY ANY SUCH THIRD PARTY. TECHNICAL SUPPORT MAY BE PROVIDED BY THE BRAND OWNERS.
THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY YOU, ANY ADDITIONAL TERMS MENTIONED FOR YOUR PLAN ORDER STATE THE ENTIRE AGREEMENT BETWEEN YOU AND COMPUTER FREEKS (THE “AGREEMENT”). The Plan Order will form the part of the “Agreement” only if the same has been acknowledged by Computer Freeks in writing or by an e-mail. You must agree to the Terms and Conditions in order to be eligible to use the Computer Freeks Portal (defined below), or obtain Services (defined below).
Software, Materials, Services and other related information are collectively referred to as “Content.”
“YOU” OR “YOU”
“You” means you individually, any person, including any employer that you are acting on behalf of.
Computer Freeks means or COROMANTEL Limited and/or any of its affiliates, wherever applicable.
“COMPUTER FREEKS CERTIFIED TECHNICIAN/(S)”
“Computer Freeks Certified Technician means” technicians and specialists certified by Computer Freeks to perform the Services under this Agreement.
“Plans” or “Subscription/(s)” are tenured Subscription plans offered by Computer Freeks that are active for a specified period and will include any incident based plans such as “Per Incident Plan” or the like.
“SERVICES” AND “COMPUTER FREEKS PORTAL”
“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 Computer Freeks Portal are the proprietary and copyrighted work of Computer Freeks and/or its suppliers. The definition of “Materials” does not include the design or layout of the Computer Freeks web site or any other Computer Freeks owned, operated, licensed or controlled website.
Trademark “Computer Freeks” may be used by Computer Freeks or CoromanTel Limited and/or any of its affiliates, wherever applicable.
“Software” means a computer program of any kind, whether owned by Computer Freeks 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. Software includes both Computer Freeks Software and third party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply (“License Terms”).
SUBMISSION OF PLAN ORDERS;
You may order Services by submitting Plan Orders through the Computer Freeks Portal or by calling Computer Freeks. Once Computer Freeks accepts the Plan Order submitted by you, then you will receive an email from Computer Freeks at the email address that you provide or have provided to Computer Freeks as part of the Registration Process for the Services. Computer Freeks is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by Computer Freeks of a Plan Order, you will have a Plan.
Subject to the Terms and Conditions, and other terms specific to each Plan, Computer Freeks will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Computer Freeks will attempt problem diagnosis and a solution through chat, 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. All undertakings under Plans are subject to Computer Freeks’s limited warranty, which is set forth below. For more information, please refer to online documentation or call us at 0800-835-374. You agree to pay all Services Fee and any other applicable fee/charges as set out in the relevant Plan Order in accordance with the Payment Terms provided below.
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. Computer Freeks has no obligation to render Services under any Plan if the payments as required under any Plan Order have not been made.
You understand that certain Plans may have fees including, but not limited to “Service Fee” and/or “Activation Fee" payable either on an annual basis (“Annual Payment Plan”) or on a monthly basis (“Recurring Payment Plan”). Subject to the applicable Term Plan, all payments under the Annual Plan shall be made upfront at time of commencement of the subscription cycle. For payments under the Recurring Payment Plan, all payments fees shall be made in advance apart from the monthly installments of the Service Fee, payable over a one (1) year payment term, You shall be charged an additional non-refundable Activation Fee at the time of registration, as specified in the Plan Order. The fee (including Activation Fee) can be refunded as per the provisions of Refund specified herein. All fee under this clause or a relevant Plan Order, is payable at the time of commencement of the Plan.
When you purchased the Service, you agreed to a specific price and plan, where such plan maybe for a different duration (“Term Plan”). While opting for an Upgrade of your services, you need to pay as per the terms of the Upgrade offer. All terms of Service Fee and/or any other fee payable under any mode of payment for a Subscription shall be set forth in the applicable Plan Order. Similarly, some plans may offer a discount on the Service if you sign up for other Computer Freeks services (“Bundle Discount”). You agree to maintain your Service and the bundled services for the applicable term. If you signed up for a Term Plan or a Bundle Discount, the price available with those plans is valid until one of the following occurs: (1) the Term Plan expires; (2) you drop one of the Computer Freeks services you were required to purchase to receive the special rate as notified to Computer Freeks; or (3) You terminate the agreement/ Plan before the expiry of the relevant term.
CREDIT CARD BILLING
You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize Computer Freeks to charge and/or place a hold on your 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 Computer Freeks and/or any other company who bills products or services, or acts as billing agent for Computer Freeks 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 Computer Freeks with updated credit card information upon Computer Freeks’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Computer Freeks nor any Computer Freeks 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 enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at Computer Freeks’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.
RENEWAL POLICY/UPGRADE POLICY
You agree and acknowledge that your Subscription under the Plan will automatically renew for the same period as mentioned in your Plan, unless notified otherwise by You (“Auto Renewal”). However, a Plan and/or an antivirus or/a warranty purchased from Computer Freeks shall be automatically renewed (in accordance with the terms of the Plan) only after we send you an email (registered with Computer Freeks) 30 days before the expiry of your subscription term notifying you about the automatic renewal of your Plan with an option of opting out from the automatic renewal and only if you do not opt out, Your credit card, which was used in paying for the original Plan or any other purchase from us will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registering with Computer Freeks. In some cases, Computer Freeks may offer Upgrade Offers to you. Upon your acceptance of such Upgrade Offer, your credit card, which was used in paying for the original Plan or any other purchase from us, will be charged with the amount mentioned in the Upgrade Offer.
If you would like to opt out of the Auto Renewal, please call us at 0800-telephone and speak with one of our customer service representative at least 30 days prior to your subscription end date to discontinue your service or write to us at email@example.com
Computer Freeks provides a 100% money-back guarantee, if you are not fully satisfied with any product or service, within 30 days from payment, a full refund will be made.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services, Materials and Software are solely for your personal and non-commercial use in addressing matters covered by your Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Plan.
NO UNLAWFUL OR PROHIBITED USE
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
Though Computer Freeks has no limits on the amount of online support requests a Plan user may make during the subscription period, however, each Subscriber’s use of the support services for the Plans are subject to Computer Freeks’s “fair use” policy. Under this policy, if at any time, in Computer Freeks’s sole discretion, a Plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Plan for individual use, then Computer Freeks reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, Computer Freeks reserves the right to suspend or terminate any Subscription Services of any Subscriber that Computer Freeks, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to Computer Freeks; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
Computer Freeks 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 Computer Freeks’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.
USE OF COMMUNICATION SERVICES
You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another’s computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading Computer Freeks or others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof.
Computer Freeks has no obligation to monitor the Communication Services. However, Computer Freeks reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Computer Freeks reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Computer Freeks reserves the right at all times to disclose any information as Computer Freeks deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Computer Freeks’s sole discretion.
Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
You may not create hyperlinks to any portion of the Computer Freeks Portal, nor any Materials or Software posted therein.
GUESTS; LIMITED LICENSE TO USE OF COMPUTER FREEKS PORTAL
If you are not currently subscribed for a Service, then you are regarded as a “Guest”. Usage of the Computer Freeks Portal by current Computer Freeks customers outside of the scope of a Service specified under an applicable Plan Order is also treated as a “Guest”.
As a Guest you may use the Computer Freeks Portal and Materials specifically designated as available to guests on the Computer Freeks Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by Computer Freeks, (b) registering with Computer Freeks and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.
LIMITED LICENSES TO USE THE COMPUTER FREEKS PORTAL, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software posted on the Computer Freeks 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 Computer Freeks Portal, Services, Materials or Software, other than as explicitly permitted by Computer Freeks is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Computer Freeks and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.
Please note that the charge on your credit card will appear on your credit card statement as any one of the following – “TECHSUPPORT”
In connection with obtaining Services, you agree that you will:
Cooperate with the Computer Freeks Technician: 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 technician. Please listen carefully to the technician and follow the technician’s instructions. You must confirm that the following conditions are true:
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;
You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with Computer Freeks support personnel.
Software/Data Backup: You understand and agree that Computer Freeks shall under no circumstance be responsible for any lost or corrupted software or data. Computer Freeks strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
Account and Security: You are solely and entirely responsible for any and all activities that occur under your account. You agree to notify Computer Freeks immediately of any unauthorized use of your account or any other breach of security. Computer Freeks will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. However, you could be held liable for losses incurred by Computer Freeks 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 MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of Computer Freeks’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 Computer Freeks’s ability to schedule a support session. You hereby release Computer Freeks from any and all liability, and agree that Computer Freeks shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. Computer Freeks 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 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 manufacture or failure to perform preventive maintenance; or
Problems caused by using accessories, parts, or components not compatible with the product.
Non Compliance with the Computer Freeks technician instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE COMPUTER FREEKS PORTAL, OR THROUGH A SERVICE
For your convenience, Computer Freeks may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services.
The Materials and Software are made available for download solely for use by you according to the Plan Order. Any reproduction or redistribution of the service not in accordance with these terms and conditions 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 Computer Freeks Web site may be copied or retransmitted unless expressly permitted by Computer Freeks.
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 MATERIAL OR SOFTWARE.
END USER LICENSE AGREEMENTS (EULA) – GENERALLY
In connection with our Service, we may provide to you, the use of certain software which is owned by Computer Freeks 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 Plan and for no other purpose.
The Software may be accompanied by a EULA from Computer Freeks 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 a EULA unless you first agree to the terms and conditions of the EULA.
EULA FOR COMPUTER FREEKS SOFTWARE
With regard to any Software made available to you by Computer Freeks through the Computer Freeks Portal for which your acceptance of a separate license agreement is not required (“Computer Freeks Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by Computer Freeks to use the Computer Freeks Software (and any corrections, updates and upgrades). In accordance with and as required under the Plan you shall not make any copies of the Computer Freeks Software. You agree that the Computer Freeks Software is the confidential and proprietary information of Computer Freeks 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 technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Computer Freeks Software, or otherwise reduce the Computer Freeks 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 Computer Freeks 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 Computer Freeks Software. You acknowledge that this license is not a sale of intellectual property and that Computer Freeks 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 Computer Freeks Software and related documentation, as well as any corrections, updates and upgrades. The Computer Freeks Software may be used only in the country of residence at the time of acceptance of these terms for use of the Computer Freeks Software. Export of the Computer Freeks Software is strictly prohibited.
THIRD PARTY PRODUCTS
As part of the Services, Computer Freeks may suggest that you acquire, install and use certain third party software or services (“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 Computer Freeks assists you in the acquisition, installation, and/or use of Third Party Software. Computer Freeks has no responsibility or 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 Computer Freeks Software shall remain in full force and effect unless and until terminated by Computer Freeks, 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 Plan for any reason, you must cease all use of the Plan and the Computer Freeks Software and immediately delete the Computer Freeks 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 representation or 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, Computer Freeks 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 Computer Freeks may elect to make available from time to time. Violation of such third party provider’s terms of service may, in Computer Freeks’s sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
COMPUTER FREEKS DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY 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 COMPUTER FREEKS TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
SOME OF THE COMPUTER FREEKS PLANS COME WITH A 7- DAY LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PLANS. THIS 7- DAY LIMITED SERVICE WARRANTY IS SUBJECT TO FULFILLMENT OF THE TERMS FOR THE SPECIFIC PLAN WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT.
COMPUTER FREEKS 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. COMPUTER FREEKS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED 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. COMPUTER FREEKS 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 COMPUTER FREEKS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA REVENUE OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER 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
Notwithstanding anything to the contrary in no event shall Computer Freeks be liable to you in excess of the amounts actually paid by you to Computer Freeks 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
Computer Freeks at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of Computer Freeks: (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, Computer Freeks’s network, or the use and enjoyment of Computer Freeks’s other users; (c) Computer Freeks receives an order from a court to terminate the Service you are availing ; (d) if Computer Freeks for any reason ceases to offer the Service; (e) if you are no longer a Computer Freeks customer, or (f) Computer Freeks determines that you are abusing the Service. Computer Freeks, 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.
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. Computer Freeks’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.
The Computer Freeks Portal is available internationally and may contain references to Computer Freeks products, services, and programs that are not available in a viewer’s country. These references do not imply that Computer Freeks intends to make such products, services, or programs available in such country.
Computer Freeks reserves the right to amend the Terms and Condition, and the Computer Freeks Portal at any time by (a) posting a revised version of the Terms and Conditions on the Computer Freeks Portal (http://www.computerfreeks.co.nz), or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to Computer Freeks in connection with registration. You are responsible for regularly reviewing the Computer Freeks website to be notified of any amendments to the Terms and Conditions.
This Agreement shall be governed by and construed in accordance with the laws of New Zealand.
Any claim, dispute, or controversy (“Claim”) arising out of or relating to this Agreement or the relationships among the parties hereto shall be resolved by Arbitration as per The Arbitration Act 1996.
Before you take a dispute to arbitration you must first contact us by writing us and describing (a) the nature and basis of the Claim or dispute; and (b) the specific relief sought (“Demand”) and give us an opportunity to resolve the dispute. Similarly, before Computer Freeks takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If you and Computer Freeks do not reach an agreement to resolve the claim within 60 days from the date you or Computer Freeks is notified by the other of a dispute, you or Computer Freeks may commence an arbitration proceeding.
Information about the arbitration process is available from Arbitrators and Mediators Institute of New Zealand Inc (AMINZ), which can be found at http://www.aminz.org.nz
If Computer Freeks prevails before the arbitrator, and if we show that you acted in bad faith in bringing your claim, then Computer Freeks may seek to recover the fees and expenses of the arbitrator from you.