THESE TERMS AND CONDITIONS ("TERMS AND CONDITIONS") STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF SABURI TLC COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH SABURI TLC. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS PERTAINING TO YOUR AND OUR RIGHTS AND OBLIGATIONS FOR THE SABURI TLC SERVICE.
Saburi TLC aims at resolving/providing Online solutions to different queries/problems that users of personal computers and peripherals may encounter while using it. The users of this service while creating their profile on the Portal for this purpose may be parting with their personal details/information. This Policy is to communicate that we respect your privacy, and we assure you that we will maintain and use this information responsibly. This Policy applies to persons employed by or otherwise affiliated with Saburi TLC's customers, prospective customers, any persons that visit Saburi TLC's web site, persons who receive commercial communications sent on behalf of Saburi TLC, and persons submitting employment inquiries to Saburi TLC. This Policy does not apply to persons employed by Saburi TLC. We agree not to process personal information in a way that is incompatible with the purposes for which it has been collected or authorized by the users.
"You" means you individually, any person, including any employer that you are acting on behalf of.
"SERVICES" AND "SABURI TLC PORTAL"
All references to "Services" refer to any Saburi TLC service plan that you enter into with Saburi TLC through use of the Saburi TLC web portal located at www.saburitlc.com (the "Saburi TLC Portal"). These Terms and Conditions govern all plans available through the Saburi TLC Portal, and any use of the Saburi TLC Portal. In the event of any conflict these Terms and Conditions control any plan order form that you submit requesting Services ("Plan Order").
"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 Saburi TLC Portal said materials are the proprietary and copyrighted work of Saburi TLC and/or its suppliers. The definition of "Materials" does not include the design or layout of the Saburitlc.com web site or any other Saburi TLC owned, operated, licensed or controlled site.
"Software" means a computer program of any kind, whether owned by Saburi TLC 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 Saburi TLC Portal. Once Saburi TLC accepts the Plan Order submitted by you, you would receive an email from Saburi TLC at the email address that you provide or have provided to Saburi TLC as part of the Registration Process for the Services. Saburi TLC is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by Saburi TLC of a Plan Order, you will rightly possess a Service Plan.
Subject to the Terms and Conditions, and the specifics of each Service Plan, Saburi TLC will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Saburi TLC 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 actions rendered within Service Plans are subject to Saburi TLC's Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at (800) 912-9394.
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. Saburi TLC has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been so made.
MONEY BACK POLICY
Saburi TLC services are delivered on a state-of-the-art integrated delivery platform that allows us to support your computer(s) remotely. If for any reason you are not wholly satisfied with the Service, Saburi TLC will make every effort to resolve the issue. If you remain dissatisfied, Saburi TLC offers a money back policy as follows:
For our annual (including multi-year) subscription-based plans, the Money-Back Guarantee is valid for a period of 30 days from time of purchase.
For our incidental (one-time-use) plans, the Money-Back Guarantee is valid for 7 days, beginning at the time of the Incident.
This Money Back policy does not apply for any Saburi TLC Trial Offer.
ACCEPTABLE USE POLICY (AUP)
GUESTS: LIMITED LICENSE TO USE OF SABURI TLC 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. Saburi TLC 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 Saburi TLC Portal and Materials (defined below) specifically designated as available to guests on the Saburi TLC Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by Saburi TLC, (b) registering with Saburi TLC and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.
Saburi TLC 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 Saburi TLC'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 Saburi TLC PORTAL, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software (as defined below) posted on the Saburi TLC 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 Saburi TLC Portal, Services, Materials or Software, other than as explicitly permitted by Saburi TLC is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Saburi TLC and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.
In connection with obtaining Services, you agree that you will:
Cooperate with the Saburi TLC Engineer: We will use commercially reasonable efforts to provide the support Service to you. Saburi TLC's 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:
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 Saburi TLC support personnel.
Software/Data Backup: You understand and agree that Saburi TLC shall under no circumstance be responsible for any lost or corrupted software or data. Saburi TLC strongly recommends that you at all times maintain a complete data backup and disaster recovery plan
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 may also be directed to 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 Saburi TLC immediately of any unauthorized use of your account or any other breach of security. Saburi TLC 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 Saburi TLC 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 Saburi TLC'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 Saburi TLC's ability to schedule a support session. You hereby release Saburi TLC from any and all liability, and agree that Saburi TLC shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. Saburi TLC 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 Saburi TLC engineer instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE Saburi TLC PORTAL, OR THROUGH A SERVICE
For your convenience, Saburi TLC 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 your use 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 Saburi TLC Web site may be copied or retransmitted unless expressly permitted by Saburi TLC.
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 that is owned by Saburi TLC 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 Saburi TLC 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 Saburi TLC SOFTWARE
With regard to any Software made available to you by Saburi TLC through the Saburi TLC Portal for which your acceptance of a separate license agreement is not required ("Saburi TLC Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by Saburi TLC to use the Saburi TLC 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 Saburi TLC Software. You agree that the Saburi TLC Software is the confidential and proprietary information of Saburi TLC 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 Saburi TLC Software, or otherwise reduce the Saburi TLC 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 Saburi TLC 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 Saburi TLC Software. You acknowledge that this license is not a sale of intellectual property and that Saburi TLC 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 Saburi TLC Software and related documentation, as well as any corrections, updates and upgrades. The Saburi TLC Software may be used in the United States only, and any export of the Saburi TLC Software is strictly prohibited.
THIRD PARTY SOFTWARE
As part of the Services, Saburi TLC 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 Saburi TLC directly assists you in the acquisition, installation, and/or use of Third Party Software. Saburi TLC 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 Saburi TLC Software shall remain in full force and effect unless and until terminated by Saburi TLC, 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 Saburi TLC Software and immediately delete the Saburi TLC 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, Saburi TLC 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 Saburi TLC may elect to make available from time to time. Violation of such third party provider's terms of service may, in Saburi TLC's sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY Saburi TLC 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 SABURI TLC TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
Saburi TLC SERVICE PLANS COME WITH A 7- DAY, 30- DAY, 60- DAY OR 90-DAY AND 1-YEAR LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION.
Saburi TLC 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. Saburi TLC 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. SABURI TLC 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 Saburi TLC 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 TORTIOUS 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
Notwithstanding anything to the contrary, in no event shall Saburi TLC be liable to you in excess of the amounts actually paid by you to Saburi TLC under the Plan Order that is the subject of the dispute.
LIMITATIONS ON ACTIONS
Notwithstanding anything to the contrary, in no event shall Saburi TLC be liable to you in excess of the amounts actually paid by you to Saburi TLC under the Plan Order that is the subject of the dispute.
TERM AND TERMINATION
Saburi TLC may, at its sole discretion, terminate or suspend your Service immediately without notice if:
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;
your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Saburi TLC's network, or the use and enjoyment of Saburi TLC's other users;
Saburi TLC receives an order from a court to terminate the Service you are using;
Saburi TLC for any reason ceases to offer the Service;
you are no longer a Saburi TLC customer, or
Saburi TLC determines that you are abusing the Service.
Saburi TLC, 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 were 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. Saburi TLC'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 Saburi TLC Portal is available internationally and may contain references to Saburi TLC products, services, and programs that are not available in a viewer's country. These references do not imply that Saburi TLC intends to make such products, services, or programs available in such country.
Saburi TLC reserves the right to amend the Terms and Condition, and the Saburi TLC Portal at any time by (a) posting a revised version of the Terms and Conditions on the Saburi TLC Portal, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to Saburi TLC in connection with registration. You are responsible for regularly reviewing the Saburi TLC website to be notified of any amendments to the Terms and Conditions. Your use of the Saburi TLC Portal or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.
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 governed in all respects by the laws of the United Kingdom without regard to conflicts of law principles that would require the application of the laws of any other jurisdiction.
Any disputes, differences, or questions under this Agreement may be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 by a sole arbitrator. The arbitration shall take place in United Kingdom and shall be conducted in English.