THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”) CONSTITUTE A LEGAL AND ENFORCEABLE CONTRACT BETWEEN RAPS IT COMPANY AND YOU FOR USE OF RAPS Consultancy Services (THE “SERVICES”) YOU SELECTED OR INITIATED ON THE RAPS Technologies WEBSITE OR PURCHASED THROUGH A VENDOR. THE POLICY AND MATERIALS SPECIFICALLY REFERRED TO IN THE TERMS ARE INCORPORATED INTO THE TERMS BY REFERENCE. BEFORE YOU CLICK ON THE “I ACCEPT” OR “AGREE” BUTTON, OR OTHERWISE INDICATE ASSENT FOR CONTINUING TO USE THE SERVICES, PLEASE READ THE TERMS BELOW CAREFULLY. THESE TERMS STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF RAPS Technologies WEBSITE AND RAPS Consultancy Services SERVICE AND YOUR RELATIONSHIP WITH RAPS Technologies. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS SUCH AS HOW LONG IT LASTS, FEES FOR EARLY TERMINATION, OUR RIGHTS TO CHANGE ITS CONDITIONS, LIMITATIONS OF LIABILITY, PRIVACY, AND SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT. IF YOU ACCEPT THIS AGREEMENT, IT WILL APPLY TO ALL YOUR SERVICE PLANS FROM US, INCLUDING ALL YOUR EXISTING PLANS. YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS WILL BE IMPLIED BY THE USE OF THE RAPS Technologies WEBSITE AND SERVICES. IF YOU DO NOT AGREE TO THE TERMS, THEN RAPS Technologies IS UNWILLING TO PROVIDE THE SERVICES TO YOU. IN THIS CASE YOU SHOULD:
• CLICK THE “CANCEL” OR OTHER SIMILAR BUTTON, OR OTHERWISE INDICATE REFUSAL AND
• NOT USE THE SERVICES AND SEEK A REFUND DURING THE 30 DAY REDEMPTION PERIOD AS INDICATED BELOW.
IMPORTANT NOTICE: LIMITED REDEMPTION PERIOD AND REFUND RIGHTS: THE RIGHT TO A REFUND FOR “PER INCIDENT PLAN” WILL EXPIRE WITHIN THIRTY (30) CALENDAR DAYS (“REDEMPTION PERIOD”) FROM THE DATE OF PURCHASE OF THE SINGLE INCIDENT SERVICE PLAN. IN THE EVENT YOU CAN DEMONSTRATE THAT RAPS Technologies. HAS NOT PROVIDED THE SINGLE INCIDENT SERVICE TO YOUR SATISFACTION, RAPS Technologies WILL REFUND YOU THE MONEY YOU PAID FOR THE SERVICES, (LESS SHIPPING, HANDLING AND ANY APPLICABLE TAXES, EXCEPT IN CERTAIN STATES AND COUNTRIES WHERE SHIPPING, HANDLING AND TAXES ARE REFUNDABLE) PROVIDED THAT YOUR REFUND REQUEST IS RECEIVED BY RAPS Technologies OR OUR CUSTOMER SERVIC E DURING THE REDEMPTION PERIOD, USING THE CONTACT DETAILS DESCRIBED IN SECTION 8 OF THE TERMS. IF YOU HAVE PURCHASED SUBSCRIPTION SERVICES, YOU MAY CHOOSE TO CANCEL SUCH SUBSCRIPTION SERVICES AND RAPS Technologies WILL REFUND YOU THE MONEY PAID FOR THE SUBSCRIPTION SERVICES, (LESS SHIPPING, HANDLING AND ANY APPLICABLE TAXES, EXCEPT IN CERTAIN STATES AND COUNTRIES WHERE SHIPPING, HANDLING AND TAXES ARE REFUNDABLE) PROVIDED YOU HAVE NOT AVAILED ANY ON YOUR PC OR OTHER DEVICES AND THAT YOUR REFUND REQUEST IS RECEIVED BY RAPS Technologies CUSTOMER SERVICE WITHIN FIVE (5) DAYS FROM THE DATE OF PURCHASE OF SUCH SUBSCRIPTION SERVICE. NOTE: SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OF REFUND RIGHTS AS DESCRIBED IN THIS CLAUSE SO THIS CLAUSE MAY NOT APPLY TO YOU.
FURTHERMORE THIS CLAUSE DOES NOT AFFECT ANY OTHER APPLICABLE REFUND RIGHTS. BY CLICKING ON THE “I ACCEPT” OR “I AGREE” BUTTON, OR BY YOUR USE OF THE SERVICES, YOU ARE DEEMED TO HAVE ACCEPTED AND CONSENTED TO BE BOUND BY THE TERMS.
"Content" Software, Materials, Services and other related information are collectively referred to as "Content."
"You" or "you" "You" means you individually, any person, including any employer that you are acting on behalf of
"RAPS Technologies" All references to RAPS Technologies refer to RAPS IT located 820, New Link Road, J(W), Mumbai (MH) - 400 102, India.
"RAPS Technologies Certified Analysts/(s)" "RAPS Technologies Certified Analysts means" analysts and specialists certified by RAPS Technologies. to perform the Services under this Agreement.
"Per-Incident-Services” "Per Incident Plans" or “Incident Plans” or “Single Incident Service” are non-tenured service provided by RAPS Technologies. with the sole objective of fixing a single and specific IT problem faced by You”.
"Subscription-Based-Services" "Subscription Based Services" or "Subscription Services" are tenured Subscription plans offered by RAPS Technologies that are active for a specified period and will not include any incident based plans such as "Per Incident Plan" or the like. “Services” Services are Per-Incident-Services or Subscription-Based-Services provided by RAPS Technologies to You.
"RAPS Technologies Websites” RAPS Technologies Websites includes http://www.rapscspl.com/ and or any other RAPS Technologies owned, operated, licensed or controlled website or any other website owned, operated, licensed or controlled by reseller of RAPS Technologies services.
"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 RAPS Technologies Websites are the proprietary and copyrighted work of RAPS Technologies and/or its suppliers. The definition of "Materials" does not include the design or layout of the RAPS Technologies Websites or any other RAPS Technologies owned, operated, licensed or controlled website.
"Software" "Software" means a computer program of any kind, whether owned by RAPS Technologies 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 RAPS Technologies Software and third party Software. Your 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").
Services may include Per-Incident-Services that are available on a single incident basis, for a fee; or Subscription-Based- Services, which are an entitlement to more than one Service over a period of time. RAPS Technologies shall provide the Services as set forth in the Terms and Conditions. RAPS Technologies service representative, as its discretion, will attempt to provide to You the Services over the telephone, through a live chat session on Your personal computer, over the internet, or by email or in person. RAPS Technologies continually strives to improve the usability and performance of its products and services. In order to optimize the Services, and solely to the extent permitted by applicable law, RAPS Technologies may, at its discretion, modify the features or descriptions of the Services from time to time; however this shall not adversely affect the quality of any specific Services which RAPS Technologies has already expressly agreed to provide to You.
Software Tool. During the Services session, RAPS Technologies may (i) ask You to install certain software on Your personal computer by downloading the software from the Site and/or (ii) ask for Your permission to use the assist tool through the RAPS Technologies service representative to enable RAPS Technologies to access and take control of Your personal computer; and/or (iii) gather system data and modify computer settings in order to diagnose or repair a problem; (iv) utilize certain third party software on Your personal computer, which will be removed upon the completion of the Services session. The software (including any third party software) and tool are owned by RAPS Technologies. or applicable third party licensors and suppliers and may be collectively referred to as the “ Software Tool” in the Terms and Conditions. The Software Tool will be used to analyze, diagnose, resolve more difficult problems and/or provide system optimization functions.
By electing to receive , You agree to allow RAPS Technologies to use whatever Software Tools are deemed necessary to repair Your personal computer, You understand that if Your computer there will be no residual software from the ; You also understand that you have the ability to disconnect the anytime during the ; You understand that at the end of the session there may be a text or an xml or a flash file placed on your computer that will explain the work that was done on your computer and/or provide information for contacting RAPS Technologies for further assistance in future. If such a file is placed on your computer, you have the option to either save the file or to delete it from your computer. RAPS Technologies may, but has no obligation to, monitor and record the Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant permission to RAPS Technologies to monitor and record the Services and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Services to You or other users; to protect ourselves and/or other users; and to enhance the types of Services we may provide to You in the future. You also grant RAPS Technologies permission to combine your information with that of others in a way that does not identify You or any individual personally to improve the Services, for training, for marketing and promotional purposes, and for other business purposes.
(3) Description of Services:
• RAPS Technologies shall provide the following Services if applicable and subject to the Terms and Conditions. RAPS Technologies service representative diagnoses PC to determine if it is infected by spyware or virus, and removes the spyware or virus found in Your personal computer: RAPS Technologies service representative will help customers install and set-up certain software products. RAPS Technologies service representative will help customers improve PC performance. RAPS Technologies service representative will help customers install, set up anti-virus software applications, and improve PC Performance. RAPS Technologies service representative will analyze the results of the diagnosis and suggest appropriate service offerings to solve any problems found. Additionally the representative will tune up key operating system settings to endeavor to improve PC performance. RAPS Technologies service representative will help customers diagnose and address PC, network and connected peripheral and device related issues, other services which may be provided by RAPS Technologies
• Some personal computers may not be able to receive the Services even if initial testing showed that Your connection was qualified or Your personal computer environment was suitable. To receive the Services, a high speed internet connection is required
1.2 Commercially Reasonable Effort:
• RAPS Technologies will make every commercially reasonable effort to troubleshoot or fix Your personal computer problem. If RAPS Technologies is unable to resolve Your personal computer problem, You will NOT be liable for charges for time spent by RAPS Technologies service representative in an attempt to correct a problem unless specified otherwise.
• In the course of providing the Services, RAPS Technologies may determine that the issue is beyond the scope of the services. RAPS Technologies may use commercially reasonable efforts to refer You to the appropriate alternative resource; however, RAPS Technologies will not transfer You directly to an alternate resource. To the extent permitted by applicable law, RAPS Technologies reserves the right to refuse, suspend or terminate any of the Services in its sole discretion.
1.3 Service Availability:
• The Services may not always be available in Your time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions. In order to purchase Subscription Services, Your covered computer(s) must be virus free (as determined by RAPS Technologies) at the time that You purchase the Subscription Service. If RAPS Technologies determines that Your computer is infected by a virus, We may require that You purchase a Service to clean Your computer prior to obtaining Subscription Services.
• RAPS Technologies reserves the right to terminate Your Subscription Service, upon notice, if RAPS Technologies determines, in its sole business judgment, that Your Subscription Service is being used (a) fraudulently, (b) maliciously, (c) unreasonably, (d) by any person other than You, or (e) for any computer system other than a registered system. In the event that Your Subscription Service is terminated by RAPS Technologies, RAPS Technologies will refund to You a pro rata portion of any fees that You have prepaid for the Subscription Services. Subscription Services may be subject to additional requirements, limitations, and restrictions depending on the subscription level You purchased. Please refer to the Site for information about those restrictions.
2. Your Responsibilities:
2.1 Basic Responsibilities. You agree that You are a legal license holder of the software on Your personal computer and Your use of the Services and the internet is solely at Your own risk. By electing to receive the Services, You confirm that You (a) have full access to Your hardware and software that are the basis of the problem, and (b) have completed a back-up onto separate media of any software or data on the hardware that may be impacted by the Services. All information that You provide to RAPS Technologies must be accurate, including Your name and address, and if applicable, any credit or charge card numbers, expiration dates or any other payment information provided by you to RAPS Technologies. You further represent that You authorize RAPS Technologies to bill the credit card that You provide to RAPS Technologies, for any charges to which you consent.
2.2 Liability Release:
To the extent permitted by applicable law, RAPS Technologies will have no liability for loss of or recovery of data, programs, or loss of use of systems(s) or networks arising out of the Services or any act or omission, including negligence, by RAPS Technologies and/or its representatives. If RAPS Technologies works with You on any password or other access control oriented problems, RAPS Technologies strongly recommends that You reset such passwords(s) immediately following the completion of the Services.
The Subscription-Based-Services are only transferable once during the subscription period from one computer to another, provided it is owned by you. 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 not personally owned by You.
2.4 Data Backup:
RAPS Technologies does not provide data backup or restoration services. You are solely responsible for maintaining and backing up all information, data, text or other materials (collectively "customer data") and software stored on your computer and storage media before ordering the services. You acknowledge and agree that RAPS Technologies or its referral partners have no responsibility or liability under any circumstance at any time for any loss or corruption of customer data, software or hardware that may arise out of the services. RAPS Technologies does not provide backup copies or installation of unlicensed software to customers. Please ensure that you have a licensed copy of all necessary software.
3. Service Plans; Refunds; Billing; Payment Renewals:
The Per-Incident-Services shall be provided for on a one time basis. The term “one time” means that the service will address a single issue or problem for a customer on Your personal computer and include follow-up consultation upon request within seven (7) days on the same issue or problem. The Services may not be successful because the problem may be beyond. If You have purchased a Single Incident Service from RAPS Technologies, then the following warranty applies: if We are not able to answer Your question or resolve Your technology problem and You have complied with all of Your obligations in these Terms, We will not charge You a fee for the One Time Service. If You experience a problem with the resolution We provided and You call Us within seven (7) days from the day You originally received the Single Incident Service, We will use commercially reasonable efforts to try to resolve Your problem at no additional charge. If those efforts are unsuccessful, We will refund the fees that You paid for the Individual Service. As set forth below, there are no other warranties for the Services.
3.2 Subscription Services:
For Subscription Services, the applicable fees will depend on the type of subscription that You purchase, and the duration of the subscription. Unless you have purchased a special or trial offer Subscription Service that specifically provides otherwise, a one-time set up fee applies to all Subscription Services. 3.3 Exclusion from Services "Services" shall not include the following:
• Any item or activity not covered by the terms of a Per-Incident-Service or Subscription-Based- Services
• Service beyond the duration limitations identified in your Services plan
• Problem diagnosis and that may not be completed because of a problem with your computer or other equipment, or their configuration that 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 Plan
• Problems that may and do result from:
a) External causes such as accident, abuse, misuse, or problems with electrical power;
b) Usage that is not in accordance with product instructions provided by manufacture;
c) Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
d) Problems caused by using accessories, parts, or components not compatible with the product. e) Non Compliance with the RAPS Technologies Analysts instructions for resolving the query.
f) Malfunction of hardware such as printer, power-supply, memory, processor, monitor or any other such hardware components
Any refund will be limited to the amount paid by You.
3.5 Payment for the Services:
The applicable fees for the Services You order may be quoted on the telephone and/or may be available on the Site. The fee for the Services will be charged directly on Your credit card and You agree to pay the charges applicable to Your selected Services, as well as any applicable taxes. For purchases of the Services made by You from RAPS Technologies through the Site: (1) You agree that RAPS Technologies may charge to Your credit card or other valid payment mechanism requested by You and approved by RAPS Technologies all amounts due and owing for RAPS Technologies for the Services; (2) Unless otherwise agreed by RAPS Technologies in writing, all payments for the Services must be made at the time of purchase prior to receiving any services from RAPS Technologies; (3) You agree that RAPS Technologies may collect interest at the lesser of 1.5 % per month or the highest amount permitted by law on any amounts not paid when due; (4) You agree that RAPS Technologies is under no obligation to pay to render Services if the payment for services as required are not made. Purchases of the Services made by You from a Reseller/Vendor will be subject to terms of sale of the Reseller/Vendor.
3.6 Credit Card Billing:
You may be asked to provide RAPS Technologies with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize RAPS Technologies to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize 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 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 authorize RAPS Technologies and/or any other company who bills products or services, or acts as billing agent for RAPS Technologies to continue to attempt to charge and/ or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide RAPS Technologies With updated credit card information upon RAPS Consultancy Services request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither RAPS Technologies nor any RAPS Technologies affiliated company will have any liability whatsoever for any nonsufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at RAPS Consultancy Services option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer.
3.7 Renewal Policy:
By authorizing RAPS Technologies to charge Your credit card for Your Subscription Service, You further authorize RAPS Technologies to continue to charge Your credit card (or a replacement card, if the credit issuing entity informs RAPS Technologies that a replacement card has been issued) for all fees associated with a Recurring Subscription Service, including renewals. You must contact RAPS Technologies if You do not wish to renew Your Recurring Subscription Service; if You do not contact RAPS Technologies, the Recurring Subscription Service that You selected will automatically renew for the same subscription duration that You initially selected, at RAPS Consultancy Services then-applicable fees. A subscription under the 1- year or 2-year or 3-year Annual Maintenance Plan does not automatically renew and ends at the end of the applicable period.
3.8 Fair Usage Policy & Termination:
Though RAPS Technologies has no limits on the amount of online requests a Subscription based plan user may make during the subscription period, however, each Subscriber's use of the services for the subscription based plans are subject to RAPS Consultancy Services" fair use" policy. Under this policy, if at any time, in RAPS Consultancy Services 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 RAPS Technologies reserves the right to suspend or terminate Subscriber's Subscription Services. In addition, RAPS Technologies reserves the right to suspend or terminate any Subscription Services of any Subscriber that RAPS Technologies, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to RAPS Technologies; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
3.9 Lifetime RAPS Care is valid for the life of the machine or 5 years maximum whichever is shorter.
4. Privacy; Data Protection:
The information provided by You to RAPS Consultancy Services service representative over the phone or entered by You into RAPS Consultancy Services online interface when requesting the Services; and The type and version of operating system and Internet browser used by Your personal computer. During Your Services session, if a Software Tool is installed, the following information may be collected from your computer by the Software Tool and sent to RAPS Technologies via secured connection:
The number of files scanned, threats found, and threats fixed by the Software Tool; The type of threats found; The number and type of threats remaining that have not been fixed by the Software Tool; Whether a firewall is active; Whether antivirus software is installed, running, and up to date; Browser information including security and temporary file settings; System information related to the operating system, memory and disk space, proxy configuration and directory listings for the Software Tool; The security status (good/fair/poor) of the computer as determined by the Software Tool; Installed programs and active processes information; and Application log file information and registry data.
Also at RAPS Consultancy Services discretion, depending on type of the IT issue, RAPS Technologies may choose to collect additional information. All of the collected in formation is necessary for the purpose delivery of the Services including analyzing, diagnosing, resolving the problem You have encountered, and optimizing the functionality of RAPS Consultancy Services products and services. The information may be transferred to the RAPS Technologies group in the United States or other countries that may have less protective data protection laws than the region in which You are situated (including the European Union), but RAPS Technologies has taken steps so that the collected information, if transferred, receives an adequate level of protection. RAPS Technologies may disclose the collected information if asked to do so by a law enforcement official as required or permitted by law or in response to a subpoena or other legal process. In order to promote awareness, detection and prevention of Internet security risks, RAPS Technologies may share certain information with research organizations and other security software vendors. RAPS Technologies may also use statistics derived from the information to track and publish reports on security risk trends.
5. Unlawful and Non-Commercial Use Limitation:
5.1. Personal and Non-Commercial:
Use Limitation unless otherwise specified, the Services, Materials and Software are solely for your personal and noncommercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan.
5.2 Unlawful or Prohibited Use:
5.3 General Usage Restrictions:
Any other use of the RAPS Technologies Websites Services, Materials or Software, other than as explicitly permitted by RAPS Technologies is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to RAPS Technologies and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.
6. Other Important Information:
6.1 Disclaimer of Warranty TO THE EXTENT PERMITTED BY APPLICABLE LAW, RAPS Technologies EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, RAPS Technologies MAKES NO WARRANTIES THAT:
• THE SERVICES AND/OR SITE WILL MEET YOUR REQUIREMENTS
• THE SERVICES AND /OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND/OR SITE WILL BE ACCURATE OR RELIABLE
• THE QUALITY OF ANY SERVICES, PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES AND/OR SITE WILL MEET YOUR EXPECTATIONS; AND
• ANY ERRORS IN THE SERVICES AND/OR SITE WILL BE CORRECTED. ANY SOFTWARE TOOL, MATERIALS AND/OR DATA DOWNLOADED OR OTHERSWISE OBTAINED BY YOU THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETIO N AND RISK. THE SOFTWARE TOOL IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY AND PROVIDED IN ACCORDANCE WITH THE SOFTWARE TOOL USAGE AGREEMENT. RAPS Technologies DOES NOT WARRANT THIRD PARTY PRODUCTS.
6.2 Limitation of Liability:
SOME STATES AND JURISDICTIONS INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMU M EXTENT PERMITTED BY APPLICABLE LAW AND REGARD LESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSEN TIAL PURPOSE, IN NO E VENT WILL RAPSTECGNICAL BE LIA BLE TO YOU FOR AN Y SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE PROVISION OF SERVICES EVEN IF RAPS Technologies HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL RAPS Consultancy Services LIABILITY EXCEED THE GREATER OF THE PRICE YOU PAID FOR THE SERVICES OR FIFTY DOLLARS (U.S. $50.00) OR EQUIVALENT AMOUNT IN THE APPLICABLE CURRENCY.
6.3 Limitation of Actions:
Any cause of action by you must be commenced within three months after the cause of action arose or it shall be forever waived and barred.
6.5 Proprietary Rights:
RAPS Technologies or its licensors or suppliers retains ownership of all proprietary rights in the Services, the RAPS Technologies Web sites, the Software Tool, and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of RAPS Consultancy Services copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any Software Tool with the Services.
6.6 Force Majeure:
RAPS Technologies shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond RAPS Consultancy Services reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, a large scale outbreak of a new computer virus, fuel, energy, labor or materials. You hereby release RAPS Technologies from any and all liability, and agree that RAPS Technologies shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. RAPS Technologies 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.
6.7 Export Regulation:
You acknowledge that the Services, Software Tool and related IT data and services (collectively "Controlled Technology") may be subject to the 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. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which is an export license or other governmental approval required. All RAPS Technologies products is prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
6.8 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. RAPS Consultancy Services 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.
6.9 Modifications RAPS Technologies reserves the right to amend the Terms and Condition, and the RAPS Technologies Portal at any time by (a) posting a revised version of the Terms and Conditions on the RAPS Technologies Portal (http://www.rapscspl.com/terms), or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to RAPS Technologies in connection with registration. You are responsible for regularly reviewing the RAPS Technologies website to be notified of any amendments to the Terms and Conditions.
7. Third Party Products and Services:
7.1 Third Party Products: As part of the Services, RAPS Technologies may suggest that you acquire, install and use certain third party software or services ("Third Party Software"). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether RAPS Technologies assists you in the acquisition, installation, and/or use of Third Party Software. RAPS Technologies has no responsibility or rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software. To the extent that we provide IT assistance and for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no representation or warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such and if so, to acquire such rights. You acknowledge that of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
7.2 Third Party Services: As part of the Services, RAPS Technologies may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree 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 you and your use of them. Third party services include, but are not limited to IT , portal, training, music, gaming and storage services that RAPS Technologies may elect to make available from time to time. Violation of such third party provider's terms of service may, in RAPS Consultancy Services sole discretion, result in the termination of your customer account and use of service.
The Terms will be governed by the laws of the State of India. Notwithstanding the foregoing, nothing in the Terms will derogate from any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction. The Terms are the entire agreement between You and RAPS Technologies relating to the Services and:
• supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter and
• prevail over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties.
The Terms shall terminate immediately upon Your breach of any term contained herein and You shall cease use of the Services. The disclaimers of warranties and damages and limitations on liability set forth in the Terms shall survive termination. Should You have any questions concerning the Terms, or if You desire to contact RAPS Technologies for any reason, please write us at firstname.lastname@example.org, RAPS IT Customer Service 820, New Link Road, J(W), Mumbai (MH) - 400 102, India.
RAPS Technologies is an independent provider of IT services, solutions, security & for several third party brands. Use of names, trademarks is for reference only.
RAPS Technologies is an independent provider of IT services for software, hardware, and peripherals. We are unique because we have expertise in products from a wide variety of third-party companies.
RAPS Technologies has no affiliation with any of these third-party companies unless such relationship is expressly specified. For permitted use and specific warranties associated with the software, hardware, and peripherals, please contact the relevant third party. RAPS Technologies is not responsible for third party Content provided on or through the Site and you bear all risks associated with the use of such third party Content, products and services.
RAPS Technologies analysts are RAPS Technologies Certified Analysts but do not necessarily hold any certifications from any third party unless expressly specified. The trademarks RAPS Technologies, the RAPS Technologies character and any combination of these marks are the trademarks and/or registered trademarks of RAPS IT COMPANY and/ or its subsidiaries and affiliates. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of RAPS Technologies and may not be copied, imitated, or used (in whole or in part) without RAPS Consultancy Services prior written permission. All other trademarks, registered trademarks, company names, product names and brand names are the property of their respective owners, and RAPS Technologies disclaims any ownership in such third-party marks. The use of any third party trademarks, logos, or brand names is for informational purposes only, and does not imply an endorsement by RAPS Technologies or vice versa or that such trademark owner has authorized RAPS Technologies to promote its products or services.
The RAPS Technologies Portal, and all content provided on or through the site, are provided on an "as is" and "as available" basis, except where expressly provided otherwise. RAPS Technologies expressly disclaims all warranties of any kind to the fullest extent allowable by applicable law, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose and non-infringement, with respect to the RAPS Technologies Website and all content provided on or through the RAPS Technologies Website.RAPS Technologies makes no representations or warranties as to:
• the RAPS Technologies Website or its Content will meet your requirements
• the accuracy, reliability or quality of the results that may be obtained from the use of the RAPS Technologies Website, its Content, or anything obtained by you on or through the RAPS Technologies Website or its Content will meet your expectations.
RAPS Technologies makes no representations or warranties that the RAPS Technologies Website will be available on a, timely, continuous, secure or error-free basis. Any Content accessed, downloaded or otherwise obtained on or through the use of the site is used at your own discretion. RAPS Technologies shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of Content.
Any refund will be limited to the amount paid by You, visit at http://rapstechnologies.com/legal.php
RAPS Technologies is an independent provider of IT services, solutions, security & for several third party brands. Use of names, trademarks is for reference only. Our COMPANY is a global company employing analysts across over the world.
INFORMATION COLLECTION AND USE:
RAPS Technologies is the sole owner of the information collected through the web site/phone/e-mail. We will not sell or rent this information to others in ways different from what is disclosed in this policy. RAPS Technologies collects information from the users at several different points through the toolbar.
• Personal Information: We will ask you when we need information that personally identifies you (personal information) or allows us to contact you. In order to use the RAPS Technologies Service user must first complete the registration form. During registration user is required to give user contact information (such as First and Last name, E-mail address, Postal address, Personal identifier etc.). RAPS Technologies will use your contact details to contact you regarding the product and/or services you have requested. This includes re-registration/renewal notifications, special offers, and surveys on improving our service.
• Payment Information: If user registers to use the Service provided by RAPS Technologies, we will collect credit card information, and other payment information necessary to complete a payment from user. RAPS Technologies may use a third party to process and verify credit cards for billing purposes. This requires us to share user name, credit card number, expiration date and billing address with the credit card processing company. When processing a payment transaction, RAPS Technologies will also obtain information regarding the amount of the payment and other transaction data. We may transfer or disclose this payment information to a third party only to the extent necessary in order to complete the payment processing.
• Computer System Information: o Subscriber Computer: We may also ask for information related to your computer. This may include: information about the date of purchase of your computer, type of computer, identification number of your computer, make and model of your computer and/or any computer hardware, software or peripherals attached to it, condition of the computer, system and registry data about software installations and hardware configurations, and error tracking files. Generally, this information is required to provide personalized IT to you, and to help us update our tools and enhance our supported products list.
o support: While requesting you may request for the problem to be resolved by taking control of your computer. RAPS Technologies uses qualified tools which allow user to grant control of user computer to an Expert , so that the Expert can diagnose or correct problems. Experts are not allowed to use the software until and unless they have received adequate training in its use, and user have consented to grant control. In addition, Experts will not use tools to obtain confidential or sensitive information stored on user computer or network, deliberately destroy information on user computer or network, or cause user to experience system problems.
• Live Help Session Records: RAPS Technologies reserves the right to monitor on-line and off-line sessions between user and an IT Executive for quality control of the Service provided to the Customer by IT Executive. In addition, we may record on-line and off-line sessions conducted on the Web site for user reference and to assist in resolution of disputes and/or potential complaints. The session records will also be used to improve the Service, build a knowledge base, and/or conduct internal market research. Session record data will not be correlated with personally identifiable data about individual customers.
• Cookies: A cookie is a message given to a Web browser by a Web server. The browser stores the message in a text file. The main purpose of cookies is to identify users and possibly prepare customized Web pages for them. Usage of a cookie is in no way linked to any personally identifiable information while on our site and cannot infringe the privacy of our customers.
• Log Files: We use IP addresses to analyze trends, administer the site, track user movement, and gather broad demographic information for aggregate use.
• Sharing: We will share aggregated demographic information with our partners and advertisers. This is usually not linked to any personal information that can identify any individual person, unless specifically required to allow use of specific widgets within the toolbar. h) Surveys & Contests From time-to-time our toolbar requests information from user via surveys or contests. Participation in these surveys or contests is completely voluntary and user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code). Contact information will be used to notify the winners and award prizes.
• Children's Online Policy: No part of our website is structured to attract anyone under the age of 13. Consistent with the Children's Online privacy Protection Act, we do not collect or maintain information at our website from or sell products to those we actually know are under the age of 13. Please ask your parent or guardian to assist you in using our services if you are under the age of 13.
This Web site takes every precaution to protect information of users. When user submits sensitive information via the Web site, user information is protected both on-line and off-line. When our registration form asks User to enter sensitive information (such as credit card number), the information is encrypted and is protected with the best of the encryption software. While on a secure page, such as our registration form, the lock icon on the bottom of Web browsers such as Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when User is just 'surfing'. While we use encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Our employees use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to user information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers' information is protected. Finally, the servers that we store personally identifiable information on are kept in a secure environment. In situations that are required by law, we may disclose some information about our users to law-enforcing officers.
SUPPLEMENTATION OF INFORMATION:
In order for this toolbar to properly fulfill its obligation to our customers, it is necessary for us to supplement the information we receive with information from Third party sources. For example, to determine our user's creditworthiness, we may use their name and other related information to request a credit report. Once we determine user creditworthiness, this document is destroyed.
• Correction/Updating Personal Information: If User personally identifiable information changes (such as user zip code), or if User no longer desire the Service, we will Endeavour to provide a way to correct, update or remove User personal data provided to us.
• Opt-out Provision: Customers may prevent their information from being used for purposes other than those for which it was originally collected by emailing us at email@example.com