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The following Terms of Service (hereinafter the ‘Agreement’) is effective from 1st day of
October 2018.
BETWEEN
WEB Vigilante Pvt. Ltd. (hereinafter the ‘Service Provider’), a Company registered under the
Companies Act, 2013 with its head office at 20/155, Bund Garden Road, Pune Maharashtra.
AND
______ (Customer)
This Agreement is made between the customer (hereinafter “you” or “Customer”) and the
Service provider. By purchasing these Services (as defined herein) from the Service provider,
Customer agrees to be bound by all terms and conditions set forth in this document.
Customer agrees that renewing, modifying, extending or continuing to utilize the Services
beyond the initial term is subject to the then-current Service Description available for review
at a later stage.
1. OVERVIEW
a. By enrolling and/or using the http://laptoptracker.com service, you agree that you have
read and understood this Agreement ("Agreement") and that your membership in the
http://laptoptracker.com shall conform to its terms and conditions ("Terms").
b. This Agreement is between you and the Service Provider. It is hereby informed to you
that the website http://laptoptracker.com is COMPLETELY managed and endorsed by
Service Provider and it is the engineers and management at WEB Vigilante Pvt Ltd
that control and co-ordinate the services within the same i.e http://laptoptracker.com.
Members ("You/Members") enroll to receive e-mail alerts and advertisement of our
services from time to time upon the agreed period at the time of User sign up.
d. We reserve the right to limit Service enrolment at any time in the event of government
regulation affecting the same, natural disaster, force majure or even if it comes to our
notice that you as a user have failed to comply with any one or all of our Terms and
Conditions.
Service Description
b. The Control Panel is administered by each User from any browser with Internet
connection, enabling to customize the behavior to be followed by his device(s) using
all or some of the available actions. The Agent for Mac, Linux, and Windows
platforms is licensed under the GPLv3. However, the Control Panel is an application
that is currently not licensed, and developed, administered and maintained only by the
Service Provider.
We take utmost care possible from our end to maintain the privacy of your personal
information. The full extent of our commitment can be found in our Privacy Statement. By
enrolling and using the Service, you agree to be bound by the terms of the Privacy Statement.
Terms of Participation
c. You must agree to comply with all local, state, province, country or regional laws that
may be applicable to your use of the Internet and your membership with
http://laptoptracker.com.
2. SERVICES PROVIDED
Services Included:
Includes an Annual General Laptop location Identification Service. Identification and specific
location of the Laptop and providing all the required details to the client through their
website.
Excluded Services:
Customer understands and agrees that services required to recover the laptop and/or incidents
caused by any of the following circumstances are not considered normal and are not covered
under this Service Agreement:
a. Service is unable to locate due to accidents or acts of God, damage from fire, water,
wind, earthquakes, lightning, terrorism;
Customer may occasionally require additional or amended services outside of the terms of
this Service Agreement (collectively, “Additional Services”). Seller will provide a detailed
scope of work and labor quote for any Additional Services required by Customer. Customer
will be required to execute a change order for any Additional Services before any work for
such Project is performed and understands that a separate invoice(s) will be generated for
such work. Examples of Additional Services include:
3. TERMINATION OF MEMBERSHIP
You are solely responsible for properly canceling your account. An email request to cancel
your account is not considered cancellation. You can cancel your account at any time. All of
your Content will be immediately deleted from the Service upon cancellation. This
information can not be recovered once your account is cancelled. If you cancel the Service
before the end of your current paid up month, your cancellation will take effect immediately
and you will not be charged again.
Service Provider, in its sole discretion, has the right to suspend or terminate your account and
refuse any and all current or future use of the Service, or any other service, for any reason at
any time. Such termination of the Service will result in the deactivation or deletion of your
Account or your access to your Account, and the forfeiture and relinquishment of all Content
in your Account. Service Provider reserves the right to refuse service to anyone for any
reason at any time.
5. NON-TRANSFERABILITY
You are not allowed to share your account with any other individual. Nor are you allowed to
transfer accounts to someone else. Your membership will terminate immediately in the
unfortunate event of your death. Service accounts are not transferable upon death or
otherwise by operation of law.
6. MODIFICATIONS
http://laptoptracker.comreserves the right to change this Terms and Conditions document.
Current members will be informed by email, however it is also your responsibility to check
this document periodically for any changes or modifications and you must not rely on e-mails
as a sole source of information regarding this agreement or your membership. Your
continued use of http://laptoptracker.comconstitutes an affirmative acknowledgement by you
of the Terms and Conditions and any subsequent modifications made to it and your
agreement to abide and be bound by the Terms and Conditions document in its modified
form.
We reserve the right to modify or discontinue the Service with or without notice to you. We
shall not be liable to you or any third party should we exercise our right to modify or
discontinue the Service.
7. LIMITATION OF LIABILITY
In no event shall seller be liable to customer, any employee, agent or contractor of customer,
or any third party, for any loss of profits, loss of business, or indirect, incidental, special,
consequential, exemplary or punitive damages arising out of or related to any service
agreement or these general terms and conditions even if seller has been advised of the
possibility thereof. Seller’s liability to customer under any service agreement and these
general terms and conditions shall in no event exceed the total amount paid by customer to
seller pursuant to such service agreement for the services during the preceding twelve (12)
months.
You acknowledge that WEB Vigilante Pvt. Ltd or third parties own all rights, title and
interest in and to the Software and Service, portions thereof, or software or content provided
through or in conjunction with the Software or Service, including without limitation all
intellectual property rights. Except for the license GPLv3 indicated in Section 1, all rights in
and to the Software and Service are reserved, and no implied licenses are granted by the
Service Provider.
9. GOVERNING LAW
TERMS AND CONDITIONS and the relationship between you and http://laptoptracker.com
shall be governed by the laws of India without regard to its conflict of law provisions. You
and WEB Vigilante Pvt. Ltd agree to submit to the personal jurisdiction of the courts located
within Pune, Maharashtra.
This Agreement constitutes a complete and exclusive understanding between us and you
relating to the subject matter hereof and supersedes all prior or contemporaneous
understandings, agreements, communications, and/or advertising with respect to such subject
matter provided that nothing in this Agreement seeks to limit or exclude any right either party
may have in respect of fraudulent misrepresentation.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute
a waiver of such right or provision unless acknowledged and agreed to by us in writing.
IN WITNESS WHEREOF, each party to this agreement has caused it to be executed at Pune
on the date indicated above.
_______________________ _______________________
(Authorized Sign) (Authorized Sign)
_______________________ _______________________
(Name and Title) (Name and Title)