Below mentioned Terms & Conditions are in relation to the Bestbuy's Web provides on-line Anti virus services. We recommend you to read them as the same contain , important information regarding your terms and services contract and early termination penalty, rights of Bestbuy's Web to change its conditions, limitation of liability, dispute resolution and privacy. Once you are agree to take any warranty services these terms and conditions shall be binding in respect of all your Warranty service .
"User" means and includes the customer in an individual capacity or any person, including any employer on whose behalf the customer purports to act.
"Bestbuy's Web" is the service mark of Bestbuy's Web Ltd. i.e. the Service provider.
"Warranty" means and includes the time bound Warranty offered by Bestbuy's Web that are active for a specified period, but do not include any incident based such as "Per Incident".
"Services" And "Bestbuy's Web Portal" means and includes any Bestbuy's Web service which you used through the Bestbuy's Web web portal via www.bestbuysweb.com or by calling the Bestbuy's Web phone number mentioned on the web portal.
Services do not include the following:
- Any item or activity not covered by the terms of an order service beyond the duration limitations identified in your Order.
- Problem diagnosis and support which can not be completed because of any problem with your computer or other equipment, or its configuration which 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 .
- External causes such as accident, abuse, misuse, or problems with electrical power.
- Usage which 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.
- Problems caused by using accessories, parts, or components not compatible with the product.
- Non Compliance with the Bestbuy's Web technician instructions for resolving the query.
"Materials" means works of any kind that are made available to download from the Bestbuy's Web Portal are the proprietary and copyrighted work of Bestbuy's Web and/or its suppliers. This definition does not include the design or layout of the Bestbuy's Web Portal or any other Bestbuy's Web owned, operated, licensed or controlled site.
"Software" means any computer software, whether or not owned by Bestbuy's Web, or whether delivered via download, CD, other media, or other delivery method, including client or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both Bestbuy's Web Software and Third Party Software.
- Orders for Services will be placed by submitting orders via the Bestbuy's Web Portal or telephonically on the number provided by the Bestbuy's Web Portal. Upon acceptance of the Order by Bestbuy's Web, the User shall receive an electronic mail transmission on the email address provided, it as part of the registration process. The User is hereby cautioned that Bestbuy's Web shall not be held responsible for rendering Services for any order which has not been accepted by it.
- Once the order has been processed, a Service shall be remitted to the User immediately thereafter.
2.1 The User agrees and acknowledges that Services will be available only upon the payment in accordance with the requirements of the corresponding order. No Services will be provided by Bestbuy's Web in the event that the requisite payment has not been made in respect of the Services.
2.2 The User understands and acknowledges that certain Service in addition to a onetime fee, may have a Service Fee or Activation Fee. This amount will not be refundable in the event of cancellation of the Service unless otherwise stated in the order.
2.3 Some may offer a discount if the User registered for another Bestbuy's Web service. In this scenario two or more services will be bundled together and the User agrees to maintain the Services will be bundled services for the applicable term. The price for the services in relation to the bundled service will remain unchanged .
- The expiration of the Warranty
- When the User chooses to discontinue one of the Bestbuy's Web services you will be required to purchase in order to be entitled to the discount.
- When the User chooses to discontinue one of the Bestbuy's Web services you will be required to purchase in order to be entitled to the discount.
2.4 If the user chooses to pay for the Services via Credit Card, the User may be asked to provide us the details. In doing so, the User hereby authorizes Bestbuy's Web to charge or place a hold on the User´s credit card in relation to any unpaid charges for Services.
- The User further authorizes the issue of the credit card to pay any amounts described in the invoice without requiring a signed receipt and the User agrees that these charges are to be accepted as authorization to the issue of the credit card to pay all such amounts.
- The User authorizes Bestbuy's Web or any other company who bills products or services or acts as billing agent for Bestbuy's Web to continue to attempt to charge or place hold on the User´s credit card with respect to all sums described herein, or any portion thereof till the time the undue amounts are paid in full.
- The User agrees to intimate Bestbuy's Web in case there are any changes in the credit card details at the earliest .
- The User acknowledge and agree that neither Bestbuy's Web nor any Bestbuy's Web 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 or place hold on your credit card.
- In the event that the User mistakenly provides a debit card number, instead of a credit card number, the User authorizes all charges described herein to be applied to such debit card till the time the User provides Bestbuy's Web your credit card number.
2.5 In the event the User is enrolled, or subsequently registers itself, in an automatic payment or electronic funds transfer , the User agrees that all sums described herein may be charged, at Bestbuy's Web option, to the account number provided for the automatic payment or electronic funds transfer .
2.6 All credit card or debit card transactions are subjected to the rules and conditions laid down by the bank or card issue in that regard. Bestbuy's Web will charge the User an additional sum of GBP 20.00 (British Pounds Twenty only)if the transaction fail to complete by reason of insufficient funds.
3. OBLIGATIONS OF Bestbuy's Web
3.1 Bestbuy's Web will redress the User´s queries and complaints using all commercially reasonable efforts in providing appropriate solutions under the Services, however subject to these Terms and Conditions, and other terms specific to each Service. Bestbuy's Web put best efforts to diagnose and provide a solution through telephone, email or any other similar means, as it seems most appropriate under the circumstances, including on-line Help
3.2 The User is hereby cautioned and intimated that in the event that a On-line access is used on your computer there will be no residual software from the session, however a text file may be placed on your computer giving a detailed report of the steps taken for rectifying the error on your computer system. It will be your prerogative to either save the file for your future reference or to delete it from your computer.
3.3 All undertakings under Service are subject to Bestbuy's Web Limited Warranty as set out hereunder. In case the User requires more information it may refer to online documentation or call Bestbuy's Web customer support helpline
4. OBLIGATIONS OF THE USER
4.1 The rendition of the services will be subject to the following:
(a) That the User will cooperate with the Bestbuy's Web Technician by listening and adhering to his instructions .
(b) The User 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.
- That it has 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 the User and accessible by you without limit during any telephonic discussions with Bestbuy's Web support personal.
(c) The User shall maintain a complete data backup and disaster recovery because Bestbuy's Web shall under no circumstance be responsible for any loss or corruption of software or data.
(d) The User will choose a password and a user name at the time of registration, and it is solely and entirely responsible for maintaining the confidentiality thereof.
(e) The User will be solely and entirely responsible for any and all activities that occur under its account. You agree to notify Bestbuy's Web immediately of any unauthorized use of your account or any other breach of security. Bestbuy's Web will not be liable for any loss that the User may incur as a result of someone else using the User´s password or account, either with or without your knowledge. Notwithstanding the above, the User can be held liable for losses incurred by Bestbuy's Web or another party due to someone else using the account or password of the User.
(f) The User may not use anyone else's account at any time, without the permission of the account holder.
(g) The User is not permitted to use the Services, Material and Software for any purpose other than for the User´s personal use. The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services, Materials or Software.
(h) The User shall not use the Materials, Software or Services for any unlawful, unscrupulous, illicit or any such purpose that is likely to damage, disable, overburden, or impair any Bestbuy's Web server, or the network(s) connected to any Bestbuy's Web server, or interfere with any other party's use and enjoyment of any of the Bestbuy's Web Portal, the Materials, Software or Services
(i) The User may not attempt to gain unauthorized access to any Bestbuy's Web Portal, the Materials, Software or Services, other accounts, computer systems or networks connected to any Bestbuy's Web server or to any of the Bestbuy's Web Portal, the Materials, Software or Services, through hacking, password mining or any other means.
(j) The User may not obtain or attempt to obtain any Bestbuy's Web Portal, the Materials, Software or Services or information through any means other than that specifically permitted to the User under a Order.
(k) The User shall not create hyperlinks to any portion of the Bestbuy's Web Portal, nor any Materials or Software posted therein.
4.2 In the event that a subscription based user is found to be abusing the service by exceeding the level of use of online support services reasonably expected from a subscriber, then Bestbuy's Web reserves the right to suspend or terminate the subscriber's Subscription. In addition, Bestbuy's Web reserves the right to suspend or terminate any Subscription Services of any Subscriber that Bestbuy's Web, at its sole discretion, thinks are being used either fraudulently or by any person other than Subscriber.
5. GUEST USERS
5.1 Guest is a person who does not currently hold a subscription in respect of the services or a person who is availing a particular service outside the scope of his Order.
5.2 A Guest may use the Bestbuy's Web Portal only for the purposes of:
- Deciding whether to subscribe to the Services provided by Bestbuy's Web.
- Registering with Bestbuy's Web and submitting Orders only. 5.3 It is hereby intimated that the grant of the foregoing license is non-exclusive and revocable in nature.
6. COMMUNICATIONS SERVICES
Bestbuy's Web may choose to provide the User inter alia with the use of e-mail services, addresses, instant messaging services, chat groups, news groups, forums, communities, personal web pages, calendars, file cabinets or other message or communication facilities designed with a specific purpose to enable you to communicate with the employees of Bestbuy's Web under a Order (each a "Communication Service" and collectively "Communication Services").
The User shall use the said Communications Services only under an accepted Order and not for any other purpose.
7. USE OF THE
Bestbuy's Web portal, materials and software for additional purposes the user may use materials and software posted on the Bestbuy's Web portal, or made available to you under a order for additional purposes, however subject to additional restrictions.
8. NOTICE TO MATERIALS AND SOFTWARE AVAILABLE ON THE Bestbuy's Web PORTAL, OR THROUGH A SERVICE
8.1 For the User´s convenience, Bestbuy's Web may make available Materials or Software for use 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 :
- The terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software.
- If there is no EULA, these Terms and Conditions.
8.2 The Materials and Software are made available for download solely for use by the User according to:
- The EULA , and
- The 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.
8.3 No logo, graphic, sound or image from any Bestbuy's Web Web site may be copied or retransmitted unless expressly permitted by Bestbuy's Web.
8.5 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.
9. END USER LICENSE AGREEMENTS (EULA)
9.1 In connection with our Service, we may provide you the use of certain software which is owned by Bestbuy's Web 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 and for no other purpose.
9.2 The Software may be accompanied by a EULA from Bestbuy's Web 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.
10. EULA FOR Bestbuy's Web SOFTWARE
10.1 With regard to any Software made available to the User by Bestbuy's Web through the Bestbuy's Web Portal for which the User´s acceptance of a separate license agreement is not required ("Bestbuy's Web Software"), the User is hereby granted a revocable, non-exclusive, non-transferable license by Bestbuy's Web to use the Bestbuy's Web Software (and any corrections, updates and upgrades). In accordance with and as required under the Service the User shall not make any copies of the Bestbuy's Web Software.
10.2 The User agrees that the Bestbuy's Web Software is the confidential and proprietary information of Bestbuy's Web or its third party licensors, providers or suppliers, and which the User shall not disclose to others or use except as expressly permitted herein. The User may not de-compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Bestbuy's Web Software, or otherwise reduce the Bestbuy's Web 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 Bestbuy's Web Software to any third party.
10.3 The User 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 Bestbuy's Web Software. You acknowledge that this license is not a sale of intellectual property and that Bestbuy's Web 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 Bestbuy's Web Software and related documentation, as well as any corrections, updates and upgrades. The Bestbuy's Web Software may be used in the United Kingdom , United States , Canada, Australia , South Africa ,and any export of the Bestbuy's Web Software is strictly prohibited.
11. THIRD PARTY SOFTWARE
11.1 As part of the Services, Bestbuy's Web may suggest that the User acquires, installs and uses certain third party software ("Third Party Software"). Third Party Software is licensed to the User by the respective owners or licensees of the Third Party Software. The User must agree to the terms and conditions set forth by such owners or licensees before installing the said Third Party Software. Regardless of whether Bestbuy's Web assists the User in the acquisition, installation or use of the Third Party Software, Bestbuy's Web has no rights in respect thereof and does not license Third Party Software to the User or make any representation or warranty regarding the Third Party Software.
11.2 The User´s license to the Bestbuy's Web Software shall remain in full force and effect unless and until terminated by Bestbuy's Web, its third party licensors, providers or suppliers, or until the User´s Service is terminated as provided by the Order and these Terms and Conditions. Upon termination of the User´s Service for any reason, the User must cease all use of the Service and the Bestbuy's Web Software and immediately delete the Bestbuy's Web Software from the User´s computer.
12. THIRD PARTY AGREEMENTS
12.1 As part of the Services, Bestbuy's Web may suggest certain third party services to the User. If you choose to subscribe or otherwise use any third party services, the User´s use of any such services is subject to the terms of service of such third party service provider. The User agrees 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 the User and your use of them.
12.2 Third party services include, but are not limited to portal, training, music, gaming and storage services that Bestbuy's Web may elect to make available from time to time. Violation of such third party provider's terms of service may, in Bestbuy's Web sole discretion, result in the termination of the User´s customer account and use of service.
13. LIMITED SERVICE WARRANTY
13.1 Bestbuy's Web 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 the user is not satisfied with the services, the User´s sole remedy is to (a) allow Bestbuy's Web to reperform the services subject to dispute, or (b) Re-download and reinstall the software.
13.2 Some of the Bestbuy's Web service Warranty come with a 7- day limited service warranty as provided in online documentation for those specific . This 7- day limited service warranty is subject to fulfillment of the terms for the specific service which is in addition to the terms and conditions in this document.
13.3 Bestbuy's Web 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. Bestbuy's Web 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.
13.4 The materials could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Bestbuy's Web and/or its respective suppliers may make improvements and/or changes in the materials and/or the software described herein at any time.
13.5 In no event shall Bestbuy's Web 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.
14.1 In the event that the User violates these Terms and Conditions or if there is an infringement of any intellectual property or any right on part of the User or by any person claiming under the User, the User shall indemnify, defend, and hold Bestbuy's Web, and all its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from the User´s violation of these Terms and Conditions or the said infringement. In the event that you come to know of any unauthorized use of your account or any other security breach, you shall immediately thereafter notify Bestbuy's Web.
14.2 The User will cooperate as fully as reasonably required in Bestbuy's Web defense of any claim, notwithstanding that Bestbuy's Web reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle any matter without the prior written consent of Bestbuy's Web.
15. TERM AND TERMINATION
15.1 Bestbuy's Web reserves the right to, at its sole discretion, terminate or suspend the User´s Service in the event that.
- The User is 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.
- The User´s use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Bestbuy's Web' network, or the use and enjoyment of Bestbuy's Web' other users.
- Bestbuy's Web receives an order from a court to terminate the Service that the User is availing .
- If Bestbuy's Web for any reason ceases to offer the Service.
- If the User is no longer a Bestbuy's Web customer, or
- Bestbuy's Web determines that the User is abusing the Service. Further, Bestbuy's Web, at 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.
15.2 Bestbuy's Web reserves the right to retain a pro rated amount till the current quarter of the subscription, in case the User desires to discontinue the services. In this scenario, the balance amount shall be refunded to the User. For instance, if the User´s subscription period continues from 1st January 2010 to 31st December 2010, and if the User chooses to terminate the subscription in September 2010, then Bestbuy's Web shall retain subscription amount for three quarters (excluding processing charges, if any) and refund the residue amount to the User. and for the clarification please see the refund policy of Bestbuy's Web.
15.3 In the event that the User decides to renew its subscription in respect of the Services, then the amount for the subscription charges, in accordance with the payment option the User selected at the time of registration with Bestbuy's Web, will be deducted from your credit card. The User is hereby intimated that the ‘automatic renewal’ option is activated by default. Should you choose to deactivate the said ‘automatic renewal’ feature, you may contact one of Bestbuy's Web’ customer service executives at least thirty (30) days prior to the scheduled termination date.
16. FORCE MAJUERE
16.1 The User hereby acknowledges that circumstances outside of Bestbuy's Web' 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) that may or are likely to cause significant delays in Bestbuy's Web' ability to schedule a support session. The User hereby releases Bestbuy's Web from any and all liability, and agree that Bestbuy's Web shall not be liable to the User or any third party for any direct or indirect damages whatsoever, resulting from such delays.
16.2 Bestbuy's Web 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.
17. LIMITATION OF LIABILITY
In no event shall the liability of Bestbuy's Web exceed the amount actually paid by you to Bestbuy's Web under the Order which is the subject of the dispute.
The User must approach Bestbuy's Web for its grievances within a period of one (1) year from the occurrence thereof, failing which the cause of action will be permanently barred and the User´s right to pursue the same shall be deemed waived.
19. SEVERABILITY; WAIVER
In the event that any provision of these Terms and Conditions is rendered invalid or unenforceable, the same shall be enforced to the maximum extent possible, notwithstanding the fact that all other provisions shall continue to remain in effect. The User is hereby informed that any failure on the part of Bestbuy's Web to enforce any provision of the Terms of Service shall not be deemed as a waiver of such provision nor of the right to enforce such provision.
20. NO OFFER
The Bestbuy's Web Portal has an international presence and may contain references to products, services, and programs that are not available in a viewer's country. These references are not to be construed to mean that Bestbuy's Web intends to make such products, services, or programs available in such country.
Bestbuy's Web reserves the right to amend these Terms and Condition, and the contents or layout of the Bestbuy's Web Portal at any time by (a) posting an amended version of the Terms and Conditions on the Bestbuy's Web Portal (https://www.bestbuysweb.com/terms-conditions.), or by (b) sending information regarding any amendment to the Terms of Service to the email address provided by the User at the time of registration. It is the duty of the User to regularly review the Bestbuy's Web Portal to be notified of any such amendments to the Terms and Conditions. The User´s usage of the Bestbuy's Web Portal, or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.
22. JURISDICTION AND DISPUTE RESOLUTION