Terms & Conditions
THE
USE OF THE WEBSITE BY THE USER SHALL MEAN THAT HE/SHE AGREES WITH THE
FOLLOWING TERMS OF SERVICE
Rapidcomm.biz (hereinafter
referred to as the "Site" or "Rapidcomm")
provides its users an online store by use of its on demand (web
based) e- commerce software. While using the facilities or services
provided by the "Site" or through any other website
connected/ linked through this "Site", you shall be bound
by these Terms of Service (hereinafter referred to as the
"Agreement") as specified herein.
Before using
the services rendered by Rapidcomm through this website, you are
requested to read and understand the Terms of Service specified
herein. You accept and understand that Rapidcomm shall have the
absolute right to amend these Terms at any point of time unilaterally
with or without any notice. You are required to read and understand
the existing Terms of Service every time before using the services
offered by Rapidcomm.
Lack of knowledge related to any
Terms or the amendments effected to the Terms from time to time may
not absolve you from any of your liabilities under the Terms of
Service. You shall be equally bound by the stipulations therein once
you agree to the Terms of Service with Rapidcomm.
This
"Agreement" governs Your use of the "Site" and
any services made available to You by Us or through the Site (the
"Services").For purposes of this Agreement, the term "You"
or "Your" shall refer to the "User(Store Owner)"
or the "End User (Customer of the Store)" and the term "We"
or "Our" shall refer to "Rapidcomm". If You are
using the Site or Services on behalf of Your company (or another
entity), then "You" means Your company (or such other
entity), its officers, members, agents, successors and assigns.
Conditions
of Services
- The
Terms specified herein restrict the use of this "Site" by
minors and those who do not have capacity to enter into a valid
commercial contract.
- If
you are less than 18 years and you wish to contract you are required
to contract through your parents or legal guardian.
- You
are required to provide accurate and correct personal information
while registering to use the services rendered by Rapidcomm and You
agree to keep it up-to-date.
- We
have the right to verify the Information provided by You in
reasonable circumstances if required.
Protection
of Personal Information
- All
aspects related to the collection of personal information from You,
at the time of registering with Rapidcomm, shall be according to the
"Privacy Policy" of Rapidcomm which shall be read as a part
of this Agreement.
- Rapidcomm
respects your privacy and assures You that the information collected
from You will be used only to provide You our services.
- Such
personal information shall not be made available to any third party.
Proprietary
notices and Intellectual Property
- All
aspects related to the intellectual property associated with the Site
are governed by the "Intellectual Property Policy" of
Rapidcomm which shall be read as a part of this Agreement.
- The
Site and all the content so presented on the site (including but is
not limited to acoustic, photographs, illustrations, graphics, video
and software) code, data, works of authorship and materials thereon,
the look and feel, blueprint and the manner in which material is
arranged on the Site (hereinafter referred to as the "Content")
are protected by Indian copyright, trademark and other laws.
- Rapidcomm
and its licensors own, sole and exclusive rights to title and
interest in and to the Site, the Content, including, but not limited
to, all intellectual property and proprietary rights therein. Your
use of the Site and/or the Content does not grant to You any
ownership of any Content to which You may have access on the Site.
- The
trademarks, logos, service marks and trade names (hereinafter
referred to as the "Trademarks") displayed on the Site or
in connection with the Content made available through the Site are
registered and unregistered Trademarks of Rapidcomm and its licensors
and may not be used except with the express written permission of the
respective Trademark owner.
- Nothing
contained on the Site should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any
Trademark displayed on the Site without the written permission of
Rapidcomm or the third party that may own the applicable Trademark.
Your misuse of the Trademarks displayed on the Site or on or through
any of the Site's services is strictly prohibited.
- All
intellectual property rights in the Service are, and shall remain,
the property of Rapidcomm or its licensor (as applicable). All rights
not expressly granted to you in this Agreement are hereby expressly
reserved and retained by Rapidcomm and its licensors (as applicable).
Without
limiting the generality of the foregoing, you shall not (and shall
not allow any third party to):
- Use
the Service outside of the scope of the limited license herein
granted, including but not limited to use for the sole purpose of
obtaining a competitive advantage against Rapidcomm.
- Sublicense,
distribute, copy, modify, adapt, translate, or prepare derivative
works from, to the Service; Register, attempt to register, or assist
anyone else to register any trademark, trade name, service marks,
logos, domain names and other distinctive brand features, copyright
or other proprietary rights associated with Rapidcomm (or any of its
affiliates or licensors).
- Reverse
engineer, disassemble, or decompile any software or otherwise attempt
to discover any source code or trade secrets related to the Service,
in any manner, except as permitted by applicable law; or
- Remove,
obscure, or alter any notice of copyright, trademark, or other
proprietary right appearing in or on any item included with the
Service.
- We
grant You a limited, revocable, nonexclusive, non-transferable,
personal license to have an access to the Content for personal,
non-commercial use only, subject to and conditioned on Your continued
compliance with the terms specified herein.
- This
license is granted solely to allow You to visit the Site and to use
the Services as permitted by this Agreement. You agree not to remove,
alter or obscure any proprietary notices provided in or with the
Content.
Terms
of user account
End
Users
- End
Users while browsing through the site can view products and
information, request information and engage in certain Services on
the Site. Users agree to the following terms and conditions:
- You
expressly agree that any submissions by You will automatically be
treated as non-confidential and non-proprietary and will become the
sole property of Rapidcomm without any compensation or credit to you
whatsoever.
- Rapidcomm
and its affiliates may use the ideas contained in such submissions or
posts for any purpose in any medium which includes but is not limited
to, developing, manufacturing and marketing products and services
using such ideas.
- You
may not use Rapidcomm service(s) for any illegal or unauthorized
purpose which includes but is not limited to the acts specified in
Clause on "Prohibited Uses" of this Agreement.
Users
The
users who create a separate account at Rapidcomm with the sole
purpose of operating and maintaining an online store are to enter
into an separate "Merchant User Agreement" and the terms
specified in the "Merchant User Agreement" applies to such
account users. You are requested to refer to the "Merchant User
Agreement" for more details in this regard.
Prohibited
Usage
The
Site and the Services are to be used only for lawful purposes. The
site must not be used to post, store, distribute, display or present
any information, software, data, file or material in violation of any
applicable law or regulation. You are not to use the Site or the
Services for the following:
- You
may not use Rapidcomm service(s) for any illegal or unauthorized
purpose which includes but is not limited to the acts specified in
Clause on "Prohibited Uses" of this Agreement.
- Promote
or convey provocative or prohibited contents which is illegal and
harmful and that induces a conduct which is unlawful, defamatory,
obscene, racial, offensive, pornographic or culturally offensive or
otherwise reasonably and is likely to generate such conduct;
- Posting
any pornographic content or pictures, engage in transmitting child
pornographic materials or activities harmful to children;
- Provide
any false, misleading or inaccurate information;
- Indulge
in identity theft, unauthorized advertising using Rapidcomm account;
- Upload
or transmit any similar applications including viruses, worms or
other malicious code or programs designed to harm other computers or
telecommunication devices;
- Infringe
anyone's intellectual property rights, including copyrights,
trademarks, patents and trade secrets. Infringe anyone's privacy or
publicity rights, which include but are not limited to impersonating
another person or entity or posting images of someone without their
permission;
- Engage
in activities which include but are not limited to hacking other
computers or servers, including Our's; or violate any requirements,
procedures, policies or rules of networks related to the system;
Engage in any unlawful activity using credit cards;
- Falsely
express or imply that Rapidcomm sponsors, endorses or is otherwise
associated with You or Your content;
- Interfere
or attempt to evade or disable the Site or services, the proper
working, the security features or the equipment connected to the Site
or the Services;
- Entail
an excessively large load on the infrastructure of the Site or Our
systems or networks;
- Restrict
or restrain any other person from using the Site or the Services;
Indulge in criminal or terrorist activity against any nation or
society; or cause any threat or harassment to any person or public as
a whole;
- Engage
in any activity that restricts or inhibits any other Rapidcomm
Account Holder from using or enjoying the Service;
- Violate
this Agreement or encourage or assist anyone else to violate this
Agreement.
Express
written permission of Rapidcomm is required for You to do any of the
following:
- Use,
duplicate, republish, upload, dispense, gather, revise, transmit, or
post the Content or the Site for commercial purposes;
- Use
of the brand name Rapidcomm.biz;
- Alter,
eliminate, remove, supplement, add to, publish, transmit, participate
in the transfer, rental or sale of, create derivative works from, or
in any way exploit any of the Content, in whole or in part;
- Access
or attempt to access the Site or collect or index information
provided to Rapidcomm using any automated means, such as robots,
spiders, scrapers, scripts, or similar means or equivalent manual
processes;
In addition to any remedies that Rapidcomm may have
at law or in equity, if Rapidcomm reasonably determines that You have
violated or are likely to violate the foregoing prohibitions,
Rapidcomm may take any action it reasonably deems necessary to cure
or prevent the violation, including, without limitation, the
immediate removal of materials that violate the foregoing
prohibitions from the Site.
Disclosure
of information
The
terms of "Privacy Policy" which deals with disclosure of
information has been incorporated by reference to this Agreement. You
are requested to kindly refer to the "Privacy Policy" to
understand the circumstances when Rapidcomm would disclose Your
personal information.
Rapidcomm assures You that we will
not process data about any identified or identifiable natural person
that we obtain from You in a way incompatible with the purposes and
other limitations which We describe in this Agreement.
Rapidcomm
will take reasonable precautions to protect the information it
obtains from You from our loss, misuse, unauthorized access or
disclosure or use, or alteration or destruction, of that information.
However, Rapidcomm will have no liability to You or any third party
provided that such reasonable precautions are taken.
Administrative
access
- Rapidcomm
will have access to Your accounts for administrative reasons.
- Rapidcomm
expressly states that You must NOT commit any illegal or prohibited
acts as specified in Clause on "Prohibited Uses" of this
Agreement through Our Site.
- If
You are found to be abusing our services for any illegal purposes,
Rapidcomm reserves the right to disconnect Your account and ban You
from further use of our services.
Reserved
Rights
Rapidcomm
reserves the following rights:
- To
suspend or terminate the account of anyone who violates this
Agreement;
- To
change or alter the Site, the form and nature of the Site or any
Services provided through the Site, including requiring payment for
some or all uses of the Site, at any time;
- To
review, modify, filter, disable, delete and remove any and all
content and information from the Site;
- To
update and download automatically any software provided on or through
the Site;
- To
cooperate with any law enforcement, court or government investigation
or order or third party requesting or directing that We disclose
information or content or information that You provide, or if We
decide that such disclosure is in Our or its customer's best
interests;
- To
display advertising and promotions, which may be targeted to certain
users or sections of the Site based upon queries made or preferences
indicated, and may not be identified as paid advertisements or
promotions.
Store
Themes
The
"Merchant User Agreement" between Rapidcomm and the Users
(Store owners) which is incorporated by reference herein deals in
this regard. The User is requested to refer to the Merchant User
Agreement with regard to Store Themes.
Store
Content
The
Merchant User Agreement between Rapidcomm and the Users (Store
owners) which is incorporated by reference herein deals in this
regard. The User is requested to refer to the Merchant User Agreement
with regard to Store Content.
Payment
Plan
The
Merchant User Agreement between Rapidcomm and the Users (Store
owners) which is incorporated by reference herein deals in this
regard. The User is requested to refer to the Merchant User Agreement
with regard to Payment Plan.
Marketing
Communication
The
Merchant User Agreement between Rapidcomm and the Users (Store
owners) which is incorporated by reference herein deals in this
regard. The User is requested to refer to the Merchant User Agreement
with regard to Marketing Communication.
Term
This
Agreement is valid from the date You:
- User
(Store Owner) subscribes to this Site till the time when You decide
to stop using the services offered by the Site.
- End
User (Customer of the Store) subscribes to any of the goods or
services offered by the Users (Store Owners) through our site till
the time You decide to stop using such services.
- Cancellation,
Suspension or Termination of Services
User's
Account
The
"Merchant User Agreement" between Rapidcomm and the Users
(Store owners) which is incorporated by reference herein deals in
this regard. The User is requested to refer to the "Merchant
User Agreement" with regard to the manner in which the Users
Account would be suspended, cancelled or terminated by Rapidcomm.
End
Users Account
Rapidcomm
can suspend, cancel or terminate the account of the end user of any
store:
Without
limiting its other remedies, Rapidcomm may immediately issue a
warning, temporarily suspend, indefinitely suspend or immediately
terminate this Agreement and Your access to the Store(s) if You fail
to comply with any terms specified herein. Rapidcomm may take such
actions without providing You prior notice and at its sole
discretion.
Rapidcomm reserves the right, in its sole and
exclusive discretion, to suspend or terminate Services to You upon
receipt of any third party complaint that You have engaged in any
activity that violates this Agreement, which may otherwise subject
Rapidcomm to liability for any reason, or that may cause Rapidcomm to
incur legal fees or other expenses.
Upon termination,
those provisions of this Agreement that expressly or by their nature
survive will continue in full force and effect.
Disclaimer
of Warranties
- This
clause shall be applicable to the end users, any person visiting or
accessing Rapidcomm website who accepts this Agreement and to any
User who has entered into a separate "Merchant User Agreement"
related to the services provided herein.
- Nothing
stipulated in the Terms of Service shall be deemed to provide a
warranty or representation (either express or implied) from the part
of Rapidcomm to the control or use any of Your data. Rapidcomm
represents that they do not have any obligation to control the access
of any information, sites or domains in order to safeguard the
interests of the public or the account holder.
- You
expressly agree and understand that your activities through Rapidcomm
account, including but not limited to downloading, uploading,
transmitting, distributing any material, shall be at your sole
discretion and at your sole risk. The services are provided "as
is" and "as available" basis without warranty of any
kind from the part of Rapidcomm.
- Rapidcomm,
its officers, directors, employees, and agents disclaim all
warranties, statutory, express or implied, including, but not limited
to, any implied warranties of title, merchantability, fitness for a
particular purpose and non-infringement. Rapidcomm, its officers,
directors, employees, and agents make no representations or
warranties about:
- The
accuracy, completeness, or content of any sites linked (through
hyperlinks, banner advertising or otherwise) to this site, and/or,
The services found at this site or any sites linked (through
hyperlinks, banner advertising or otherwise) to this site, and
Rapidcomm assumes no liability or responsibility for the same.
- YOU
understand and agree that you are solely responsible in case of any
damages or loss of data that may occur to your computer or system or
any other equipment which resulted from using the services provided
by Rapidcomm.
- Rapidcomm
further expressly disclaims all representations and warranties of any
kind with respect to any materials uploaded, downloaded, transmitted
or otherwise obtained through any other source including any website
or Rapidcomm website itself.
- Rapidcomm
does not review, edit, censor or take responsibility for any
information that You, or other Users, may create, transmit, post,
store, distribute, display or present using the Site or the Services.
- In
addition, you specifically acknowledge and agree that no oral or
written information or advice provided by Rapidcomm, its officers,
directors, employees, or agents will :
- Constitute
legal or financial advice or,
- Create
a warranty of any kind with respect to this site or the services
found at this site, and users should not rely on any such information
or advice.
- Except
as set forth in the Intellectual Property Policy (Incorporated by
reference) Rapidcomm will not intervene or become involved in any
disputes between the User and a third party, including, but not
limited to, End users.
- You
shall be liable for all the consequences and damages that arise as a
result of Your violations of any part of the stipulations herein.
Rapidcomm SHALL NOT BE RESPONSIBLE for any of your illegal activities
and they shall have the right to recover any such damages from You,
including attorney fees and costs related to any legal procedures
associated with it.
- The
foregoing disclaimer of representations and warranties shall apply to
the fullest extent permitted by law, and shall survive any
termination or expiration of this agreement or your use of this site
or the services found at this site.
Disclaimer
of Warranties
- You
explicitly understand and accept that Rapidcomm shall not be liable
to You under any agreement, direct or indirect; incidental or
consequential damages that may be incurred by You through Your
(refers to User here, the store owner) use of Our services so offered
by Rapidcomm or through Your (refers to End User here, the Customer
of the Store Owner) of the services or products offered by the Store
Owners.
- Rapidcomm
assumes no responsibility with respect to user's or end user's use of
the services and shall not be liable for consequential, incidental,
or special damages, including but not limited to loss of use,
business interruptions, and loss of profits, lost revenue or punitive
or exemplary damages, even if Rapidcomm is aware of the possibility
thereof.
- In
addition, you specifically acknowledge and agree that any cause of
action arising out of or related to this site or the services found
at this site must be commenced within one (1) year after the cause of
action accrues, otherwise such cause of action shall be permanently
barred.
- The
foregoing limitation of liability shall apply to the fullest extent
permitted by law, and shall survive any termination or expiration of
this agreement or your use of this site or the services found at this
site.
Indemnification
You
agree to indemnify and hold harmless Rapidcomm, its affiliates,
members, officers, directors, employees, agents, and licensors from
and against any and all claims, damages, obligations, losses,
liabilities, costs and expenses (including, without limitation,
reasonable attorneys' fees), arising out of or related in any way to:
- Your
use of the Site and Services and Products offered by the Store Owner,
- Your
submission, posting, transmittal or any other use of any Information,
Content and/or any other materials or content,
- Your
violation of this Agreement,
- Your
violation of any law or regulation, or violation of any proprietary
or privacy right,
- Your
violation of any third party intellectual property right, including,
without limitation, copyright, patent, trademark or trade secret; or
Any claim that Your information or submission of any other
information or content by You caused damage to a third party.
- This
indemnification obligation will survive this Agreement.
Your
representations and warranties
By
using the Site, the Services or the Content You represent and warrant
that:
- You
are 18 years of age or older, an emancipated minor or the parent or
guardian of a minor who You are authorizing to use the Site and the
Services;
- You
understand and agree that this Agreement is a legally binding
agreement and the equivalent of a signed, written contract;
- You
will use the Site and the Services in a manner consistent with all
laws and regulations and in accordance with the terms and conditions
of this Agreement;
- You
are authorized to sign for and bind the person or entity using the
Site or the Services;
- You
will provide only true, accurate, complete and current information to
Rapidcomm; and
- You
will not impersonate any person or entity, misrepresent any
affiliation with another person, entity, or association, use false
headers, or otherwise conceal Your identity from Rapidcomm or in any
material that You post or submit on the Site for any purpose.
Assignment
You
may not assign this Agreement or any part of this Agreement without
the express written consent of Rapidcomm. Any purported or attempted
assignment or other transfer or delegation in violation of this
Agreement shall be null and void. You agree that Rapidcomm may assign
this Agreement or any part of this Agreement at any time and for any
reason without Your consent.
Modification
Rapidcomm
has sole and complete authority to modify and amend the Terms of
Service with or without any notice to You in this regard.
Incorporation
of policies
Intellectual
Property Policy and the Privacy Policy referred to in this Agreement
constitute an integral part of this Agreement and are incorporated
herein by this reference.