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Terms & Conditions

HEREUNDER MENTIONED TERMS AND CONDITIONS STATE IMPORTANT EQUIREMENTS REGARDING CUSTOMER’S USE OF WEBSITE “GAJACODE.COM” AND GAJACODE SERVICES AND CUSTOMERS RELATIONSHIP WITH “GAJACODE.COM”

CUSTOMERS SHOULD READ THE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INSTRUCTIONS AND FORMATION AS OUR RIGHTS TO CHANGE ITS CONDITIONS, HOW LONG IT LASTS, FEES FOR EARLY TERMINATION, LIMITATIONS OF LIABILITY, PRIVACY, AND SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT ETC.

IF CUSTOMER ACCEPTS THESE TERMS AND CONDITIONS, IT WILL APPLY TO ALL THEIR SERVICE PLANS FROM “GAJACODE.COM”, INCLUDING ALL THEIR EXISTING PLANS. CUSTOMERS ACCEPTANCE OF THESE TERMS & CONDITIONS WILL BE IMPLIED BY THE USE OF THE ““GAJACODE.COM” SERVICE.

“AGREEMENT”
THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY CUSTOMER, ANY ADDITIONAL TERMS MENTIONED FOR CUSTOMER PLAN ORDER, THE PRIVACY POLICY, REFUND POLICY, DISCLAIMER AND OTHER POLICIES IN FORCE FOR THE TIME BEING STATE THE ENTIRE AGREEMENT BETWEEN CUSTOMERS AND GAJACODE.COM (THE “AGREEMENT”). The Plan Order will form the part of the “Agreement” only if the same has been acknowledged by GAJACODE.COM
 in writing or by an e-mail. Customers must agree to the Terms and Conditions in order to be eligible to use our portal (defined below), or obtain Services (defined below).

DEFINITIONS
Certain terms defined in these Terms and Conditions are also used in the Terms of Service, Refund Policy, Disclaimer, Referral Policy, Fraud Detection Mechanism, Anti-Spam Policy, Security Policy and Privacy Policy and are incorporated by reference to these Terms and Conditions.

“Content”
“Content” refers to Software, Materials, Services and other related information collectively.

“Customer(s)” “customer(s)” “They” “they” “You” or “you”

Refers to the existing, past or prospective user individually, any person, robot including any employer that he/she/it acting on behalf of “GAJACODE”

All references to GAJACODErefer to its owner, directors, officers, employee, experts, affiliates, portals, websites and www.GAJACODE.COM.

“Services” AND “GAJACODE Portal”

“Services” delivered through www.GAJACODE.COM
, under the plan that customer enter into with GAJACODE located at www.GAJACODE.COM (the “GAJACODE Portal”) or by calling the GAJACODE phone number mentioned on the GAJACODE Portal www.GAJACODE.COM. These Terms of Use govern all plans available through the GAJACODE Website, and any use of the GAJACODE Portal. In the event of any conflict these Terms of Use control any valid Plan Order form that customer submit requesting Services (“Plan Order”).

“Materials”
“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 GAJACODE Portal are the proprietary and copyrighted work of  GAJACODE and/or its suppliers. The definition of “Materials” does not include the design or layout of the web site, www.GAJACODE.COM or any other GAJACODE owned, operated, licensed or controlled website.

“Software”
“Software” means a computer program of any kind, whether owned by GAJACODE or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both GAJACODE Software and third party Software. Customer’s use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply (“License Terms”).

SUBMISSION OF PLAN ORDERS; SERVICE PLANS

Customer may order Services by submitting Plan Orders through the GAJACODE Portal or by calling GAJACODE. Once GAJACODE accepts the Plan Order submitted by Customer, then they will receive an email from GAJACODE at the email address that Customer provide or have provided to GAJACODE as part of the Registration Process for the Services.GAJACODE is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by GAJACODE of a Plan Order, Customer will have a Service Plan.

UNDERTAKING

Subject to the Terms and Conditions, and other terms specific to each Service Plan, GAJACODE will address Customer query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, GAJACODE will attempt problem diagnosis and a solution through toll free number (in the specified country only), chat, email or other means as it deems most appropriate under the circumstances. Customer understand that there may be a text file placed on Customer computer that will explain the contact details of Live. PC Expert. If such a text file is placed on Customer computer, Customer has the option to either save the file for future reference or to delete it from Customer computer. All undertakings under Service Plans are subject to GAJACODE’S Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 0-800-208-0798. Customer are agree to pay all Services Fee and any other applicable fee/charges as set out in the relevant Plan Order in accordance with the Payment Terms provided below.

PAYMENT

Services against any Plan Order will be available once Customer has made payment for Services according to the requirements of the corresponding Plan Order. All payments against the plan orders will be collected by GAJACODE. GAJACODE has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.

When Customer purchased the Service, Customer agreed to a specific price and plan, all terms of Service Fee and/or any other fee payable under any mode of payment for a Subscription shall be set forth in the applicable Plan Order. Similarly, some plans may offer a discount on the Service if Customer sign up for other GAJACODE services (“Bundle Discount”).

Credit Card, Debit Card, Internet banking

Customer may be asked to provide us with a Credit Card /Debit Card or internet banking details from a card issuer that we accept in order to activate Customer Service. The Customer hereby authorizes GAJACODE to charge on Customer Credit Card or Debit Card or internet banking details with respect to any unpaid charges for Services. Customer authorize the issuer of the Credit Card or Debit Card or internet banking to pay specified amount described in the invoice raised without requiring a signed receipt. Customer acknowledge and agree that neither GAJACODE nor any GAJACODE affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by Customer as a result of such attempts to charge, and/or place holds on, Customer Credit Card or Debit Card or internet banking. If Customer mistakenly provides any card number, instead of a Credit Card or Debit Card or internet banking number and funds transfer is returned for insufficient funds, we will charge Customer an additional $25.00.

RENEWAL POLICY

A Subscription under the Annual Payment Plan does not automatically renew in any case and expires at the end of the applicable Term Plan.

Privacy Policy

The GAJACODE Privacy Policy which is an integral part of these Terms and Conditions is incorporated here.

This Privacy Policy tells you how we use personal information collected at this site. Please read this Privacy Policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted clearly on the website. You are encouraged to review the Privacy Policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

“You are recommended to visit the Privacy Policy page for more details.” Note: The privacy practices set forth in this privacy policy are for this website only. If you link to other web sites, please review the Privacy Policies posted at those sites by visiting this website and requesting information, products or services thereon, you agree to be bound by the terms and conditions of this Privacy Policy. Please check back frequently for updates as it is your sole responsibility to be aware of changes. If you do not agree with the terms of this Privacy Policy please do not provide any information to us or use any of the services or products offered or provided on any of the web sites referred to in this Privacy Policy.

Collection of Information

We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request. The registered members of our website are automatically added to our site announcement mailing list. You as a subscriber of the mailing list have the option to opt out of these mailing list by clicking on the unsubscribe link in any of the newsletter sent to you. The unsubscribe process is automatic and immediate. This site uses a tool which collects your requests for pages and passes elements of them to search engines to assist them in indexing this site. We control the configuration of the tool and are responsible for any information sent to the search engines.

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and device type, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

NO UNLAWFUL OR PROHIBITED USE

As a condition of Customer use of the GAJACODE Portal or any Services, Customer will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms of Use. Customer may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any GAJACODE server, or the network(s) connected to any GAJACODE server, or interferes with any other party’s use and enjoyment of any of the GAJACODE Portal, the Materials, Software or Services. Customer may not attempt to gain unauthorized access to any GAJACODE  Portal, the Materials, Software or Services, other accounts, computer systems or networks connected to any GAJACODE  server or to any of the GAJACODE Portal, the Materials, Software or Services, through hacking, password mining or any other means. Customer may not obtain or attempt to obtain any GAJACODE Portal, the Materials, Software or Services or information through any means other than that specifically permitted to Customer under a Plan Order.

FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:

Though GAJACODE has no limits on the amount of online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber’s use of the support services for the subscription based plans are subject to GAJACODE’s“fair use” policy. Under this policy, if at any time, in GAJACODE’s sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, then GAJACODE reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, GAJACODE  reserves the right to suspend or terminate any Subscription Services of any Subscriber that GAJACODE, in its sole discretion, determines are being used

  1. fraudulently,
  2. by any person other than Subscriber, or
  3. for any computer system other than a Registered System.
  4. Customer is using pirated software
  5. Customer is using stolen system

User may terminate the Service at any time by giving written or electronic notice to GAJACODE; provided, however, that User will not be entitled to a refund of any fees prepaid by user for the Service.

COMMUNICATIONS SERVICES

GAJACODE may provide Customer 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 Customer to communicate with GAJACODE  employees and others as appropriate to Customer 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.

INDEMNITY

Customer agree to indemnify, defend, and hold GAJACODE, 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 Customer violation of the material terms of these Terms of Use, any misuse or abuse of a Service, any use of the Service that amounts to infringement, or infringement by any other user of Customer account of any intellectual property or other right of GAJACODE or any other third party. Customer agrees to cooperate as fully as reasonably required in GAJACODE’S defense of any claim. GAJACODE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer and Customer shall not in any event settle any matter without the written consent of GAJACODE. Customer agrees immediately to notify GAJACODE of any unauthorized use of Customer account or any other breach of security known to Customer.

GUESTS, TO USE GAJACODE PORTAL

If Customer are not currently subscribed for a Service, then Customer are regarded as a “Guest”. Usage of the GAJACODE Portal by current GAJACODE customers outside of the scope of a Service specified under an applicable Plan Order is also treated as a “Guest”.

USER RESPONSIBILITY

In connection with obtaining Services, Customer agrees that he will:

  1. Cooperate with the GAJACODE: We will use commercially reasonable efforts to provide the support to Customer. Our experience shows that most issues can be corrected as a result of close cooperation between Customer and the agent. Please listen carefully to agent and follow the instructions.
  2. Software/Data: Customer understands and agrees that GAJACODE shall under no circumstance be responsible for any lost or corrupted software or data. GAJACODE strongly recommends that Customer at all times maintain a complete backup and disaster recovery plan.
  3. Account, Password, and Security: For Customer to submit a Plan Order, Customer must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. Customer also will choose a password and a user name. Customers are solely and entirely responsible for maintaining the confidentiality of Customer password and account. Customer agrees to notify GAJACODE immediately of any unauthorized use of Customer account or any other breach of security. GAJACODE will not be liable for any loss that Customer may incur as a result of someone else using Customer password or account, either with or without Customer knowledge.

AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES

Customer hereby acknowledge that circumstances outside of GAJACODE’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 GAJACODE’S ability to schedule a support session. Customer hereby release GAJACODE from any and all liability, and agree that GAJACODE shall not be liable to Customer or any third party for any direct or indirect damages whatsoever, resulting from such delays.

GAJACODE 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:

  1. any item or activity not covered by the terms of a Plan Order;
  2. service beyond the duration limitations identified in Customer Plan Order;
  3. problem diagnosis and support that may not be completed because of a problem with Customer computer or other equipment, or their configuration that is beyond our control;
  4. Software, including the application software added to the registered hardware products which are out of scope for the Service Plan;
  5. Problems that may and do result from:
    1. External causes such as accident, abuse, misuse, or problems with electrical power;
    2. Usage that is not in accordance with product instructions provided by manufacture;
    3. Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
    4. Problems caused by using accessories, parts, or components not compatible with the product.
    5. Non Compliance with the GAJACODE instructions for resolving the query.
    6. GAJACODE  provides technical support through toll-free telephone, desktop sharing & live chat.
    7. On-site visits are not a part of our service offering.
    8. Hardware support is not a part of our service offering.
    9. In case an issue is identified to be caused due to a failing or damaged hardware component, the customer will have to repair or replace it at his or her own cost and cannot claim for a refund from GAJACODE.
    10. GAJACODE only provide technical support for genuine and licensed products.
    11. GAJACODE does not support nor endorse piracy in any form.
    12. Third-party applications will be supported only on a ‘best-effort’ basis.

MATERIALS AND SOFTWARE AVAILABLE ON THE GAJACODE PORTAL, OR THROUGH A SERVICE

Use of any Materials and any Software provided by “GAJACODE” 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, or if there is no EULA, these Terms and Conditions.

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 GAJACODE Web site may be copied or retransmitted unless expressly permitted by GAJACODE.

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)

GAJACODE as well as the third party licensors reserve the right, in regard to software or material provided to customers to update or change the Software from time to time and Customer agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. Customer 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.

In accordance with and as required under the Service Plan Customer shall not make any copies of the Software and Material provided. Customers agree that the Software and Material provided is the confidential and proprietary information of GAJACODE or third party licensors, providers or suppliers, and which Customer shall not disclose to others or use except as expressly permitted herein. Customer may not de-compile, reverse, attempt to discover any source code or underlying ideas or algorithms of the Software/Material, or otherwise reduce the Software/Material 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 Software to any third party. Customer 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. Customers are not granted any title or rights of ownership in the Software/Material provided. Customers acknowledge that this license is not a sale of intellectual property and that GAJACODE or 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 GAJACODE Software and related documentation, as well as any corrections, updates and upgrades. The software/material provided may be used only in the country of residence at the time of acceptance of these terms for use of the software.

LIMITATION OF LIABILITY

Notwithstanding anything to the contrary in no event shall GAJACODE be liable to Customer in excess of the amounts actually paid by Customer to GAJACODE under the Plan Order that is the subject of the dispute.

LIMITATIONS ON ACTIONS

Any cause of action by Customer must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.

TERMINATION POLICY

GAJACODE at its sole discretion may terminate or suspend Customer Service immediately without notice :

(a) Customer are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software;

(b) Customer use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, GAJACODE’S network, or the use and enjoyment of GAJACODE’S other users;

(c) GAJACODE receives an order from a court to terminate the Services Customer are availing;

(d) GAJACODE determines that Customer are abusing the Service. GAJACODE, in its sole discretion, may refuse to accept Customer request for the Service, renewal or re-subscription following a termination or suspension of Customer use of the Service.

SEVERABILITY; WAIVER

If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. GAJACODE’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 GAJACODE Portal is available internationally and may contain references to GAJACODE products, services, and programs that are not available in a viewer’s country. These references do not imply that GAJACODE intends to make such products, services, or programs available in such country.

MODIFICATION

GAJACODE reserves the right to amend the Terms and Condition, and the GAJACODE Portal at any time by (a) posting a revised version of the Terms and Conditions on the GAJACODE Portal (http://www.GAJACODE.COM), or by (b) sending information regarding any amendment to the Terms of Service to the email address Customer provide to GAJACODE in connection with registration. Customers are responsible for regularly reviewing the GAJACODE website to be notified of any amendments to the Terms and Conditions.

LAW AND JURISDICTION

United States Law governs these terms and conditions and Customer agree to submit to the exclusive jurisdiction of the United States courts.   

If user has any questions about the Policy at our Web site, user can e-mail user inquiries to info@GAJACODE.COM