Terms of Use
These Terms and Conditions (тАЬTerms of UseтАЭ) explains important requirements regarding your use of тАЬ123-RescueтАЭ website and services. It is advised that you read them carefully as they contains important information and instructions about everything including how long it lasts, fees for early termination, our rights to change the terms, limitations and liability, privacy, settlement of disputes etc. In case you accept these terms, they apply to all your service plans from us.
AGREEMENT:
These Terms and Conditions, together with each accepted plan order submitted by you, any additional terms mentioned for your plan order and the Privacy Policy, state the entire agreement between you and 123-Rescue. The agreement is only applicable if it has been acknowledged by 123-Rescue in writing or by an email. In order to use our services or to use the 123-Rescue portal, you MUST agree to these terms and conditions.
DEFINITIONS:
Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions.
CONTENT:
Software, Materials, Services and other such information are collectively referred to as тАЬContentтАЭ.
Subscription Based Plans:
тАЬSubscription Based PlansтАЭ or тАЬSubscriptionsтАЭ are tenured plans offered by 123-Rescue that are active for a certain period of time. These plans do not include any incident based plans such as тАЬPer Incident PlansтАЭ or the like.
тАЬServicesтАЭ and тАЬ123-Rescue PortalтАЭ
Every reference to тАЬServiceтАЭ is referred to any kind of service offered by 123-Rescue. These services include all services offered and are available at 123-Rescue website. In case of any conflict these Terms of Use control any valid Plan Order form that you submit requesting Service тАЬPlan OrderтАЭ.
MATERIALS
тАЬMaterialsтАЭ of 123-Rescue, which includes all the downloadable data, web-content or any other information available on website except designing & layouts of website, are privately owned and protected by copyright of 123-Rescue or any of itтАЩs partners / Suppliers.
SOFTWARE
тАЬSoftwareтАЭ available or being used on 123-Rescue of any type, includes all the client or /and network security elements, whether copyrighted to 123-Rescue or any third party vendor, whether installed via web or any other media like licensed CD are protected by various laws like copyright act, trade secret law and unfair competition. Your provisional use to these is subject to the liability of your agreement with 123-Rescue or any of its partners / supplier that is mentioned in agreement documents or software itself and other license terms and conditions.
SUBMISSION OF PLAN ORDERS; SERVICE PLANS
You can get our services by submitting your order request either via online portal of 123-Rescue or by calling. After Order, once 123-Rescue will accept your request of plan ordered then 123-Rescue will send an email confirmation (on your registered E-mail ID) of order according to registration process for use of our services. 123-Rescue will not be responsible for not providing any service plan which has not been accepted.
UNDERTAKING
According to the Terms and Conditions, and other service plan specific terms 123-Rescue will deal with your query using all possible and feasible efforts for providing best solutions under the Services. 123-Rescue will try to diagnose and give a solution for your problem via Email, chat, Calling or any other mode which will be available in circumstances like remote access. If remote access is being used on your computer then there may be a text file placed on your computer that will show the work done on remote system. However if this file is available on your computer then you can either save it or delete it. All actions under Services are liable to 123-RescueтАЩs Limited Warranty. For more details you may either refer to online documentation or call at 1-800-520-1852 by agreeing to pay services or any other applicable fee, if any, according to terms and conditions of payment provided below.
PAYMENT
All the services ordered by you will be available to you once you have made payment according to the requirements of respective ordered plan. Only 123-Rescue or any other party, on behalf of 123-Rescue, will collect all the payment of services ordered by you. 123-Rescue is not responsible to provide services in case of required payments have not been made by you.
Service Plans may have fee including, but not limited to Service Fee or activation fee payable either quarterly or monthly or yearly basis. According to the specific service plan all payments under the Annual Plan has to be made upfront at time of starting of the service plan. In case of Recurring payments plan you will be charged a non refundable activation fee additional to monthly service fee that will not be refunded in case of cancellation of the Service Plan unless otherwise stated in the Plan Order.
At the time of buying services you agree to pay to specific price for a period of plan of one, two or three years (Term Plans). In case of bundled services discount offered by you will be valid until any of following occurs: (1) either the term plan expires or (2) you cancel any one of the 123-Rescue services under this bundled agreement or (3) You void user service agreement before the expiry of the term plan.
CREDIT CARD BILLING
By giving your credit card details at the time of activation and commencement of your service, you agree and authorize 123-Rescue to charge or place a hold on your credit card for any pending payments for services and credit card issuer to pay any amount to 123-Rescue without any signed receipt. Also you authorize 123-Rescue or any other billing agent of 123-Rescue to continue to charge for any of pending amounts until these are paid in full. You agree to give updated credit card information to 123-Rescue. In case, you give a debit card number instead of credit card, you also authorize us to apply all charge to debit card. If you are not registered or you are in the process of registering to any electronic funds transfer plan, you agree that all amounts may be charged, at 123-RescueтАЩs option, to the account number provided. You may be charged an additional fees if your payment could not be completed due to insufficient funds.
RENEWAL POLICY
You agree and acknowledge to automatically renewing any service plan subscribed under the recurring payment, unless notified by you. Any annual payment Plan will not be automatically renewed at the end of the applicable Term Plan.
To change auto renewal of your plan, please call us at 1-800-520-1852 at least 30 days prior to your subscription end date.
REFUND POLICY
A full refund will be done by 123-Rescue only if 123-Rescue has not been able to resolve even a single issue within initial 15 days.
123-Rescue has its sole discretion to refund after deducting its service fee even after any of resolved issues.
PRIVACY POLICY
Privacy Policy of 123-Rescue, an important part of Terms and Conditions can be read at online portal (/privacy-policy/) before going for any agreement. No information provided by you to 123-Rescue, apart from your personal information, is confidential.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
You are authorized to use 123-Rescue services on the basis of Personal and non-commercial according to the specifics terms of particular service plan. Also you strictly restricted to modify, copy, display, publish or sell any information about software, products or services provided by 123-Rescue.
NO UNLAWFUL OR PROHIBITED USE
As a condition of agreement you are restricted for unlawful, prohibited use or use in a manner that could damage, disable any of 123-Rescue server or network, of 123-Rescue portal, Materials, Software etc.
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
Under Fair usage policy, at any time, in 123-RescueтАЩs sole discretion, if a subscription based plan user is found to be abusing or misusing the service by exceeding the level of use reasonably expected then 123-Rescue reserves the right to suspend services. Also 123-Rescue reserves the right to terminate any Subscription Services of any Subscriber in its sole discretion if being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. Also user may terminate the Service at any time by giving written or electronic notice to 123-Rescue and will not be entitled to a refund of any fees prepaid for subscribed plan.
COMMUNICATIONS SERVICES
123-Rescue may provide you with the use of e-mail services, addresses, IM services, chat areas, news groups, forums, communities, personal web pages and other communication facilities to enable you to communicate with 123-RescueтАЩs employees 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 needed in particular communication service. You agree that you will not: – a.) Use these communication services other than 123-Rescue Query resolution purpose, b.) Abuse, harass or threaten or violate the legal rights of others, c.) Publish, upload, use or post any inappropriate or irrespective message, material or any other information about any of persons, d.) Upload files containing viruses, Trojan horses, worms or any other suspected material which could damage 123-Rescue service capacity by any of medium, e.) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service, f.) Use, download, 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.
123-Rescue reserves the right to review materials posted to the Communication Services and to remove any materials or to terminate your communication facility at any time without notifying in its sole discretion and has no obligation to monitor the Communication Services. Also 123-Rescue has rights right at all times to disclose any information as 123-Rescue 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 123-RescueтАЩs sole discretion.
LINKING
You are not authorized to create hyperlinks to any portion of the 123-Rescue Portal, nor any Materials or Software at any place on web whether for personal purpose or commercial purpose.
INDEMNITY
You agree to assure and hold 123-Rescue, its subsidiaries, affiliates, directors, employees, partners, licensors, consultants, suppliers, and third-party Web site providers, if any, harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneyтАЩs fees, resulting from your violation of the material terms of these Terms of Use. You are expected to cooperate as fully as reasonably required in 123-RescueтАЩs defence of any claim. 123-Rescue reserves the right, at its own expense, to assume the exclusive defence and control of any matter subjected to indemnification by you. You agree to report or notify 123-Rescue at once for any unauthorized use of your account or any other breach of security known to you.
GUESTS; LIMITED LICENSE TO USE OF 123-RESCUE PORTAL
If you are not current user of a 123-Rescue Service, then you are entitled as a Guest. Such kind of usage of the 123-Rescue Portal any customers outside of the scope of a Service specified under an applicable service plan is known as a Guest. As a Guest you may use the 123-Rescue Portal and Materials under a limitation and only the purposes of (a) deciding whether to subscribe to the Services provided by 123-Rescue, (b) registering with 123-Rescue and submitting Plan Orders only.
LIMITED LICENSES TO USE THE 123-RESCUE PORTAL, MATERIALS AND SOFTWARE
You are permitted to use 123-Rescue portal, materials and software on 123-Rescue Portal not beyond the restrictions, 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 any of 123-Rescue, Services, Materials or Software, other than as permitted by 123-Rescue is prohibited. Rights to modify, copy, display, distribute, use or sell are all reserved to 123-Rescue and its suppliers. Reverse engineering of the Software is strictly prohibited.
USER RESPONSIBILITY
As a user, in accordance with receiving 123-Rescue services, you agree to cooperate with the 123-Rescue representative. However we will use all possible and commercially feasible efforts to provide the support to you. Please listen carefully to the representative and follow the instructions. €аYou must confirm, a.)Your System requirements are appropriate to resolve your query, b.)You must be having enough hardware or software knowledge to circumstances available, c.) Your full system is accessible to you including software and hardware to continue uninterrupted telephone discussions with 123-Rescue support representative.
- Software/Data Backup: You understand and agree that you are solely responsible for any kind of lost or corrupted software or data. You are recommended to use software protection method and to maintain data back up.
- Account, Password, and Security: You agree to provide no fake information during the registration process to complete an order. Also only you are responsible for maintaining the confidentiality of your password and account all activities that occur under your account. Any unauthorized use of your account or breach of service terms may result in disabling your 123-Rescue account. You are not permitted use any other 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 123-RescueтАЩs reasonable control may cause significant delay in tech support or any other services. These unreasonable controls includes 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 etc. You hereby agree that 123-Rescue will not be liable any looses causes to you by such delays. €аAlso 123-Rescue reserves rights to restrict the use of the service or limit its time of availability in order to perform maintenance activities and to maintain session control, at any instance, without notice or liability.
EXCLUSIONS FROM SERVICES
Services shall not include:-
- Any activity excluding ordered plan,
- Service beyond time circumstances,
- Problem diagnosis and support not completing due to your computer or other equipment,
- Problems that may and do result from, external causes, Usage that is not in accordance with product instructions, Failure to follow the product instructions to perform preventive maintenance, Problems caused by using accessories, parts, or components not compatible with the product.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE 123-RESCUE PORTAL, OR THROUGH A SERVICE
Sometimes 123-Rescue may allow you to download and/or use several Materials or Software as a part of our service, or in a promotional way. Such use of the software or material depends upon the factors such as:
- The term of the end user license agreement which accompanies the specified software
- If there is no EULA (End User License Agreement)
- If such use of software and/or material is allowed by the law
You are prohibited from using any logo, sound or image from 123-Rescue website. Violators will be prosecuted to the maximum extent possible.
THIRD PARTY PRODUCTS
123-Rescue may suggest you to install and use certain third party software or services. Suggesting third party software is not a recommendation to use; rather it is done to keep smooth use of 123-Rescue services. Third Party software has its own separate license which you have to purchase before using. Also you need to agree with terms and conditions of the user agreement of third party software. 123-Rescue will not be responsible for any problem being faced in third partyтАЩs services.
THIRD PARTY AGREEMENTS
As a part of our services, 123-Rescue may suggest certain third party services to you. if you choose to use such services, you are bound to follow the terms of such third party services providers. These services include, but not limited to, technical support, portal, training, music, gaming and storage services. Violation of the тАЬterms of useтАЭ may result to the permanent termination of your customer account.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in no event shall 123-Rescue be liable to you in excess of the amounts actually paid by you to 123-Rescue under the Plan Order that is the subject of the dispute.
LIMITATIONS ON ACTIONS
You have to take any action within one (1) year after the cause of action arises else it wonтАЩt be considered.
TERM AND TERMINATION
123-Rescue at its sole election may refuse to accept your service request, renewal request and may stop or terminate service plans anytime without notice if:
- You are violating any of the Terms and Conditions of user license agreement
- Your service usage is prohibiting any of law or adversely causes a break down to the Service, 123-RescueтАЩS network, or the use and enjoyment of 123-RescueтАЩs other users
- 123-Rescue receives a legal order from a court to terminate your services
- 123-Rescue for any reason ceases to offer the Service
- If you are not continued with 123-Rescue (f) you are abusing the Service.
NO OFFER
The Online portal of 123-Rescue is available world-wide and may contain references to 123-Rescue products, services. Viewing such references in any country does not impose to make such products, services, or programs offered in these countries.
MODIFICATION
123-Rescue have rights reserved to modify the Terms and Condition or Portal at any time by (a) posting it on 123-Rescue Portal (€а/terms-of-use/), or by (b) sending amendment information to the email address provided by you to 123-Rescue at the time of registration. You are expected to visit terms and conditions of your service plans regularly.
If user has any questions about the тАЬTerms of UseтАЭ at our Web site, user can e-mail user inquiries to€а[email protected].
