Terms and Conditions, Refund and Privacy Policy

The terms of use mentioned here comprise a legal and enforceable contract between eMag Technologies Pvt. Ltd.(hereafter “eMag” and You. The “terms” state important requirements related to Your use of eMag’s support Services, You selected or initiated via the eMag website. It’s in Your best interest to read these terms carefully before You decide to opt for our Services, because they apply to the service plans we offer to You. We advise here that You should click on the “I Accept” or “Agree” button only if You are completely satisfied with our stated terms.

If You do not agree with the terms of use laid underneath, it will be difficult for eMag to provide Services to You. In this case, You can click “Cancel” or a similar button, or indicate refusal through other means, and not use the Services. However, You can only receive our Services if You subscribe to any of the plans eMag offers.

The plans eMag offers are for a particular period only. The company doesn’t warrant REFUND of fees, if at all You fail to use the Services on offer during the subscription period. For further details please read our Refund Policy here:

Definitions

Here we define certain “terms” we use, to facilitate clear understanding about our Services:

"Content"

Software, materials, Services, and other related information.

"You" or "you"

You simply means You, our customer. It encompasses any individual or a company You are acting on behalf of.

"eMag "

All references to eMag refer to eMag Technologies Pvt Ltd, an Indian company located at 2103 Emory Ave. Unit-35, Simi Valley CA-93063, USA

“eMag Certified Technicians”

All technicians and specialists eMag employs and certifies to perform the Services for You under this agreement.

“Subscription Based Plans” and “Plans”

Refer to the plans on offer from eMag including incident-based and quarterly plans.

“Services”

i. All phone and web-based computer maintenance Services that eMag offers through the medium of the eMag web site and delivers via its technicians, including computer optimization and cleanup are hereby referred to as Services. ii. The scope of Services can change without notice. eMag also reserves the right to discontinue the Services without notice. iii. The Services include both subscription-based as well as incidence-based Services.

“Subscription-based Services” All tenure-based Services eMag offers three-months service. They are also referred to as

Subscription Services.

“Incident-based-Services”

Non-tenured “single incident Services” eMag offers. The sole objective of such Services is to fix a specific technical problem You face.

“Materials”

Online content of any type made available to download from the eMag website. Such content includes web casts, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kinds. However, a material doesn’t include the design or layout of the eMag site. The materials available for download from the eMag web site as well as the site are proprietary and copyrighted works of eMag Technologies Pvt. Ltd.

“Software”

Software is a computer program of any kind delivered via download, CD/DVD or other media, or through other delivery method, such as client and/or network security software. The software include the ones developed, marketed, and distributed by eMag or any third- party software. They are protected under copyright, trade secret, unfair competition, and other laws. Their usage is governed by respective agreements such as a license agreement or user agreement that accompanies or is included in the software, ordering documents, exhibits and other applicable License terms. A software is also referred to as the “support software tool” in the terms and conditions laid here

2. Services

2.1. Introduction

The Services eMag provides are as per the prescribed terms and conditions. eMag provides technical support Services over phone, through a live chat session on Your computer, or by gaining remote access to Your PC. To avail our Services, You need to call us on our toll-free number and explain the problem(s) You are facing with Your PC, to any of the eMag Certified Technicians on-board. Our technician will then, upon Your permission, take remote access of Your PC, diagnose it, and explain the exact cause of the problem to You. He may also suggest plans on offer by eMag that You can opt for. However You need to make requisite payment beforehand to get Your PC fixed. In case You don’t opt for any of the plans on offer, the technician will not be able to rectify the problem(s). In an effort to continually enhance the usability and performance of its products and Services, eMag reserves the right to modify the Services on offer.

2.2 Remote Access

To deliver the Services, a eMag Certified Technician must access Your computer remotely. A high-speed Internet connection is recommended to ensure smooth and hassle-free delivery of Services and it’s Your responsibility to make it available to our technician. You also need to assist the technician in whichever means possible while he diagnoses and repairs Your computer. And if You fail to cooperate with our technician, it can consider be considered as breach of agreement. You are also required to let our technician decide on the procedures to follow while he accesses Your computer remotely.

2.3 Support Software Tool

During a remote session, a technician may: • Ask and assist You to download and install the support software. • Assist You to use the remote assist tool and facilitate remote access. • Utilize certain third-party software, which will be removed upon completion of our Services. The support software or any other third-party software under discussion (also referred to as remote assist tool or support software tool) may be the property of eMag or the respective third-party software provider. By agreeing to these terms and conditions, You allow our technician to install and utilize whatever support software tool deemed necessary to diagnose and repair Your PC.

2.4 Our Services include

The Services eMag provides through its technicians include—(i) PC optimization; (ii) Diagnosis and removal of online threats; (iii) installation and updates of operating system, antivirus and other software applications and utilities; (iv) resolution of software, network, and connected peripheral or device-related issues. In addition to the above mentioned Services, our technicians may also recommend certain software and Services for general upkeep of Your PC. In spite of what initial diagnosis may convey, certain personal computers may not be able to receive the Services.

2.5 Commercially reasonable effort

eMagtrains and certifies its technicians to put in commercially reasonable effort while they diagnose and fix the problems with Your PC. If, due to any reason whatsoever, a technician is unable to resolve the issue, You will NOT be liable for charges of any kind to eMag Technology. If while diagnosis, our technicians determine that the issue is beyond our support boundaries (out-of-scope issues), they may use commercially reasonable efforts to refer to the appropriate alternate destination, yet they will not facilitate access for You.

2.6 Availability of Services

Sometimes, due to system maintenance or upgrade, the Services eMaghas on offer may not be available in Your time zone or geographical location.

2.7 Termination of Services

eMag reserves the right to terminate the Services with proper intimation to You if the company determines that the subscription service You’ve availed is being used by any other person other than You, or on any other system other than the one registered with us. In such a scenario eMag will refund a portion of fees You prepaid while You first availed our Services for the days left until its renewal, on pro-rata basis. However the refund is further subject to additional requirements, restrictions, and limitations of the subscription plan You’ve availed. For more information please refer to our Refund Policy.

Refund policy

As speaking about subscription-related plans, eMag is committed to refund Your amount in case our technicians are unable to troubleshoot even a single issue within 72 working hours of the subscription. If we have fixed one or more problems, the amount charged for subscription service will not be refunded.

However, eMag has the sole discretion to decide on the refund of the subscription fees for Services provided. For incident plans, You are entitled to a refund if the subscription meets the following conditions:

1. Though You had all pre-requisites required to troubleshoot an issue, still the problem was not addressed till the time account was active.

2. If we find Your problem to be out of scope for a particular plan, yet by mistake You were charged for the service.

3. 72 working hours have not passed after the issue was last worked upon by our technician.

eMag makes it clear that we do not hold any information about the credit card of a customer. We will not make any charges without Your permission. You are entitled to shift from a three monthly plan to an incident plan and in that case eMag will accommodate Your payment as per the terms and conditions stated by the accounts manager at that time.

For Refund, You need to send an eMail at support@emagtechnology.com and also inform us via our Toll Free Number within defined 72 hrs so that eMag technician can assist you to resolve the issue if any otherwise escalate that for next level or refund managers.

Level 1: In case you need your refund you send an email to support@emagtechnology.com. You should get response within 24hrs if not kindly call us at our toll free number: 1-888-720- 1520.

Level 2: In case of no response from level 1 you need to immediately contact us with details of transaction made by you at vijaY@emagtechnology.com. Level 2 should response within 24hrs after receiving your email.

You should preserve all document, receipt of payment and agreement signed by you with eMag and its your sole responsibility to not denying in future for this transaction and also not going to ask Chargeback from merchant as by signing the agreement you certify that you are going to authorize to take payment from your debit/credit card against the subscribed services and that will be made by you via online payment and that is not any fraudulent charges.

3. Responsibilities for You

3.1 Essential Responsibilities

By availing our Services You agree that: • You are the owner of the computer You intend to register with eMag and the license holder of the software You’ve installed in it. • Your use of our Services is Your sole discretion. • You have complete access to all hardware and software installed in Your PC. • All details You’ve provided to eMag (name, address, credit card information, etc.) is correct to the best of Your knowledge. • You permit eMag to bill the payment via the credit card details You’ve provided for any subscription plan You’ve opted with us 3.2 We are not liable for To the extent permitted by the applicable law, eMag will not be liable any loss of, or will not be held accountable to recover data, programs, or loss of use of systems or networks arising out of our Services. If our technician helps You with passwords and other access control related problems, we recommend You to reset the same as and when our Service session terminates. 3.3 Transfer We transfer subscriptions from one computer to another only during the Subscription Period and if You own both the computers. You may not use the Services in connection with a service bureau or any other distributing or sharing arrangement, on behalf of any third parties or with respect to any hardware or software that You do not own personally.

4. Service Plans

4.1 Per-incident plans

Per-incident plans address one incidence and fees will be charged accordingly for these plans. They cater to a specific issue or problem in Your computer, with a follow-up upon request within seven working days on the same issue.

For Per-incident plans, following warranty applies:

a) If we are unable to rectify the problem with Your computer, and You’ve complied to all terms and conditions laid herein, then we won’t charge You anything for this per- incident service. b) You can call us within seven days from the day You first received our per-incident service, in case the problem recurs. We will use commercially reasonable efforts to rectify the problem without any additional charge. c) If we are unable to rectify the problem, we will refund the fee You paid for the per- incident service.

4.2 Subscription plans

b) Fees for subscription plans will depend on their type and duration. eMag offers daily and quarterly subscriptions.

4.3 Exclusion form Services (tabular form)

The following are exempted from the Services:

1. All items and activities that are not covered by the terms of a Plan Order
2. All Services that fall beyond duration limitations of the Plan Order
3. Diagnosis of a problem and subsequent support that got interrupted due to a hardware issue with Your PC or equipment, of if we find its configuration beyond our control
4. If we find the software including the operating system and the software added to the registered hardware are out of the scope for the service plan

5. Problems that may and do result from:

a) External hazards that include accident, abuse, misuse or problems with electrical power
b) Problems caused as the product was not used as per the instructions from the manufacture
c) Issues caused due to the usage of accessories, parts, and components that are not compatible with the product
d) Refusal to follow instructions from eMag technicians to resolve a problem e) Issues caused due to hardware-related glitches

4.4 Payment for the Services

The charges for the eMag Services that You opt for will be quoted through the telephone or may be mentioned on the website. We will charge for the Services through Your Credit Card and the amount includes the charges for Your selected Service along with applicable taxes, if any.

For Services that You avail through our site: (1) eMag is given the right to charge Your Credit Card or any other valid payment mode chosen by You and recognized by eMag(2) All payments for Services is required to be done at the time of the purchase or prior to accepting any eMag service, unless eMag agrees so in writing. (3) eMag is entitled to collect an interest at lesser of 1.5 % per month or the highest amount permitted by law on any amounts unpaid when due (4) You agree that eMag is not obligated to provide Services if the payment are not done as required.

4.5 Credit card billing

eMag may ask You to provide a credit card number from a card issuer so that we can activate Your service. By providing us the credit card number, You are authorizing us to charge and/or place a hold on Your credit card with respect to any unpaid charges for Services or any related equipment. Hereby the issuer of the credit card is authorized to make payments mentioned herein without demanding a signed receipt. This also means that 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 also authorize eMag and/or any other company who is involved in billing products or Services, or acting as billing agent for eMag to continue to attempt to charge and/or place holds with respect to all amounts mentioned herein, or any portion thereof, until payment of such sums are met in full.

You are entitled to update eMag about the credit card details at any time asked for, and at any time You feel the previously informed details have become invalid. We also inform that neither eMag nor any eMag affiliated company can be held responsible for any non-sufficient funds or other charges incurred by You as a result of attempts to charge, and /or place holds on, Your credit card.

In case an error happens, based on which You provide a debit card number instead of a credit card number, You will be liable for all charges mentioned herein to be applied to such debit card unless and until the credit card number is given. Hereby You agree that in case You are enrolled or later opt to enroll in an automatic payment or electronic funds transfer plan, all payments mentioned here will be charged and transferred to the account number given for such automatic payment or electronic funds transfer plan, as per the preference of eMag a payment done through credit card is also subjected to the terms and conditions established by the credit or debit card.

4.6 Renewal policy

By providing eMag the credit card details and the permission to charge Your credit card, You are agreeing that the Subscription under the Recurring Payment Plan will automatically get renewed for a month unless You inform eMag otherwise. However, this is not applicable to the Subscription plan under the Annual Payment Plan, which will get automatically expired at the end of the applicable Term Plan.

eMag will charge the prevailing subscription rates as per the payment option that You chose at the registration time.

In case You decide to quit the Auto Renewal due to any reason, please dial 1-888-866-2011 to talk with our customer care representative at least 30 days prior to Your subscription end date so as to continue eMag Services.

4.7 Terms for Termination

The agreement for Services shall be effective for 3-months, or one day, from the date that the Subscriber registers for the Services. Single-use Services will expire once the session with the eMag representative terminates. eMag also holds the power to cancel the Services at any time if it feels that subscriber’s use of the Services is misused, abused, or is inappropriate. In case of natural expiration of this agreement, no notice will be provided, and eMag cannot be held responsible for any damage that may happen due to the expiry of the agreement. The user can buy additional subscriptions to the Services via the eMag website. Any breach of this agreement will result in immediate termination of subscriber’s subscription to the Services and/or can restrict subscriber’s access to the Services. eMag will not entertain any refund pleas in case of termination of the agreement.

5. Data Protection

You are in agreement with us that any data You send or disclose to us over the phone, electronically, or otherwise, is not confidential or proprietary to You. Once You opt for our Services, You need to share the following information with us: • The information You share with our technician or enter in our online interface.
• The operating system and browser type and version
• If, during the Services session, our technicians install an additional support software tool then the following information will be sent to the eMag server via a secured connection:
• Files scanned, threats found, and threats fixed by the software support tool (in exact numbers) and their types

• The number and types of threats remaining to be fixed
• Current status of firewall. Is it installed? If yes, is it active?
• Is the antivirus software installed, and running, and is up-to-date?
• Current browser settings including security and temporary file settings
• Complete system information including that of the running operating system, memory and disk space, proxy configuration, and directory listings


• The overall security status of the computer as the support software tool determines

• Install and active programs

• Application log file and registry data

• Any additional information depending on the technical issue You face in Your computer

You also hereby agree that:

The information may be sent to other countries that may have less protective data protection laws than Yours. However, while doing so, its eMag’s responsibility to ensure that the data receives adequate levels of protection.

The information may be disclosed to any law information agency upon demand as required or permitted by the law of the land or in response to a subpoena or other legal process.

The information may be shared to research organizations and security software developers if it is meant to promote awareness, detection, and prevention of Internet security risks. eMag may use the information gathered from such statistics to publish reports or changing trends in security risks.

6. Privacy Policy

It is in Your best interest to go through the Privacy Policy page in addition to this page to opt for our Services.


7. Unlawful and Non-Commercial Use Limitation

7.1 Personal and Non-Commercial Use Limitation

Hereby You agree that the Services, materials and software are solely for Your personal and non-commercial use, unless specified otherwise. You are not entitled to modify, copy,

distribute, transmit, display, perform, reproduce, publish, license, modify, transfer, or sell any information, software products, or Services provided by eMag.

7.2 Unlawful/Prohibited

Use You are not allowed to use any software, materials, or Services for any unlawful or prohibited activities. These include use of Services, materials, or software to damage, disable, overburden, or impair any eMag server, or any connected network or networks; or interfere with the use and enjoyment of materials, software, or Services by other eMag customers.

Your attempt to gain unauthorized access to any of the eMag websites, materials, software, or Services is also illegal. In addition, access to other accounts, computer systems or networks connected to any eMag server or to any of the eMag websites through hacking or password mining is also prohibited is strictly illegal.

Any other use of eMag Technology’s software, materials, or Services unless clearly stated in the plan order is prohibited. eMag reserves the right to execute, copy, modify, display, transmit, distribute, manufacture, use, and sale any of its software, materials, or Services. Acts of reverse engineering or decompilation are also strictly prohibited.

8. Other Vital Information

8.1 Disclaimer of warranty

A subscriber opting for a software provided by eMag does it at his own risk. The product may have bugs, errors or other problems that can end up system malfunction, or other problems including data loss. But eMag does not guarantee the performance of any product nor does it promise that the product will function completely error-free.

eMag, to the maximum extent permitted by law, disclaims warranties of all kinds, whether expressed or implied, in equity or at law, including implied warranties of merchantability, fitness for a particular purpose, quality and non-infringement. We also do not assure that our Services will meet all requirements of the user nor do that the Services will be provided in an uninterrupted manner. eMag also do not guarantee that our Services will be completely reliable to meet up Your expectations. We also do not warranty for any third party product.

If the product is under warranty we recommend you to contact your OEM for support, although you always have an option to avail our services at your cost.

8.2 Limitation of Liability Unless mentioned otherwise, eMag, its affiliates, employees, agents, licensors, and suppliers cannot be held responsible for any direct, indirect, special, exemplary, incidental, punitive or consequential damages caused from (a) the use of Services, (b) any delay or inability to enjoy the Services, (c) any issue related to the warranty of a third party product or Service (d) issues caused to the computer as a result of unauthorized third party access.

eMag is not responsible for any costs of procurement of substitute goods or Services.

All actions after three months of damage, be it due to any reason, will stand null. Our Services do not cover restoration Services, repair Services, lost or expected profits, lost or corrupted data, lost or deleted work, or lost or damaged personal files. eMag has the authority to change the Services without any prior notice.

8.3 Force Majeure

eMag cannot be held liable for any delay or interruption of Services due to any natural disaster including flood, earth quake, storm, or any sudden strike by fire, or war, armed conflict, terror act, boycott, riot, release of toxic substance or explosion, which is not under the control of us. We cannot be held responsible for delays caused due to issues with the Internet connection.

8.4 Indemnity

Hereby You agree to indemnify, defend, and hold eMag along with its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers and any third-party Web site providers harmless from and against all claims made against demands, actions, liabilities, losses, expenses, damages, and costs. This include actual attorney charges caused as a result of You violating the conditions of the Terms of U.S., or any misuse or abuse of a Service that can lead to infringement or infringement caused by any other user of Your account of any intellectual property or other right of eMag.

This also means that You have agreed to cooperate with us as required to defend any claim by eMag. We hold full right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You and agree that You will not indulge in any act to settle a matter without the permission of eMag, unless permitted by us in written form. Hereby You are also liable to inform eMag about any unauthorized use of Your account any other breach of security as soon as it comes to Your notice.

8.5 Proprietary Rights

The ownership of all proprietary rights in the Services, the eMag Websites, the Support Software Tool, and in all trade names, trademarks and service marks associated or displayed with the Services are retained by eMag or its licensors or suppliers. This prevents You from removing or defacing any copyright or trademark notices or other proprietary rights of eMag.

8.6 Export Regulation

All eMag Services, Support Software Tool and related technical data and Services (collectively "Controlled Technology") are subject to import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. Hereby You accept to meet the terms with all relevant laws and agree that will not indulge in any export of Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. You also accept that no Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such arms will be sold or exported at any cost.

SEVERABILITY; WAIVER

In case we find any provision of the Terms of Service invalid or unenforceable, that portion shall be enforced to the maximum possible extent and all other provisions contained in the Terms of Service will remain in full force and effect. The failure from the part of eMag 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.

Third Party Products

eMag may suggest You to opt for, buy or install and use certain third party software or Services ("Third Party Software"). As the Third Party Software is licensed by the respective owners or licensees of the Third Party Software, You are required to comply with the terms and conditions set forth by those particular owners or licensees before installing Third Party Software in Your computer, even though assisted by eMag technician in the acquisition, installation, and/or use of the same. We cannot be held liable for the guarantees made that third party at any cost.

If you opt for our technical assistance, it’s your responsibility to adhere to the terms and conditions under which you licensed the third party software or equipment. We are not an authorized service provider for any Third Party Software or equipment nor do we make any representation in this regard. It’s your responsibility and is in your best interest to acquire any additional rights mandatory for us to impart support for your Third Party Software or equipment. You also accept that unauthorized access to any Third Party Software or equipment may void the warranty you have against that product or equipment. We also recommend that, in case your product is under warranty, you contact your respective Third Party Software cost.

Third Party Services

When it comes to the matter of Services by the Third Party, eMag may suggest opting for one, but does not hold any responsibility for the same. The decision to go for a Third party Service is completely made by You and thereby You cannot hold eMag responsible for any error happening later. By choosing a Third Party Service, You agree to follow the terms and conditions set by the Third Party and any violation of such third party provider's terms of service may end up the termination of Your customer account and use of service.

Governing Law; Venue

eMag, along with the user of its service agree not to violate any law of the land and to settle all disputes as per the laws of the United States of America.

Privacy Policy

Our privacy policy discloses that eMag is committed to protect the privacy of users and the services availed by them. The term ‘Service’ denotes support services owned and operated by eMag. Submission of information in our website is an indication of you accepting our privacy policy.

Information Collection and Use

We are the sole owner of the information gathered via the website/phone/e-mail at various intervals. eMag assures you that no information passed over to us will be sold or rented to others as per this policy.

Personal Information

At times when we require information that can personally identify you, eMag will ask for the same. To avail eMag Service, you are required to fill-up the registration form by providing contact information, including First and Last name, E-mail address, Postal address, Personal identifier, etc. With the use of the contact information provided, we can contact you regarding the product and /or services you have requested.

Control of Personal Information

Personal information provided to us can be confirmed, changed or updated via e-mail. In case you prefer to opt-out of the communications from eMag, all you need to do is to request us via e-mail. You can also opt-in later in case you prefer so. Even while you opt-out of the promotional communications, you might still receive messages, legally mandated notices, and critical messages that relate to the ability to use services you have purchased from us.

Security of the Information We Collect

eMag is committed to keep all your personal information secured and to achieve this; we use a range of technologies and procedures. We ensure that all your personal information is maintained in a secured limited access facility, and the sensitive information transmitted to us, such as a credit card number, is encrypted for transmission using the Secure Socket Layer (SSL) Protocol. We also make it sure that the SSL encryption is maintained in such a way that the information is unreadable by anyone but us.

Protection of Children's Privacy

As eMag is a website of general interest. However, we do not provide any personal information for children.

Links to Other Websites

There might be several links on eMag. Clicking on any of them will leave you from our website. It should be remembered that you might be led to certain websites with eMag logo, but we are not responsible for any content appearing on it or any privacy practices of that site. Our privacy statement also does not cover the information practices of those websites linked to our website. We are also not responsible for the cookies sent by those websites to collect data or personal information.

Changes to This Statement

It is our privilege to timely update this privacy statement. Any material change to this statement that may affect our use of your personal information will be updated to you via a prominent notice on the eMag website.

Queries about our Privacy Policy

If you have any queries about the privacy policy of eMag you can write to us at

support@emagtechnology.com.

Link for support page:

http://www.emagtechnology.com/support.aspx


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