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.
DEFINITIONS:
Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions.
"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.
"Services” All references to "Services" refer to any RAPS Technologies service delivered by RAPS Technologies Certified Analysts, under the plan that you enter into with RAPS Technologies through use of the RAPS Technologies Websites or by calling the RAPS Technologies phone number mentioned on the RAPS Technologies Websites. These Terms of Use govern all plans available through the RAPS Technologies Website.
"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").
1. Services:
1.1ServiceOverview:
(1)Introduction:
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.
(2)Support:
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.
2.3 Transfer:
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:
3.1 Per-Incident-Services:
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
3.4 Refund:
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:
When you visit the Site, the RAPS Technologies Privacy Policy that is available for review via the “Privacy Policy” link that appears on the Site shall apply. If you have not yet reviewed the RAPS Technologies Privacy Policy, then please do so prior to agreeing to these Terms and Conditions. You agree that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or sent to RAPS Technologies over the telephone, electronically or otherwise, is not confidential or proprietary to you. When You request the Services, the following information will be collected and sent from Your personal computer to RAPS Technologies via an Internet connection:
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:
As a condition of your use of the RAPS Technologies Websites or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any RAPS Technologies server, or the network(s) connected to any RAPS Technologies server, or interfere with any other party's use and enjoyment of any of the RAPS Technologies Portal, the Materials, Software or Services. You may not attempt to gain unauthorized access to any RAPS Technologies Websites, the Materials, Software or Services, other accounts, computer systems or networks connected to any RAPS Technologies server or to any of the RAPS Technologies Websites, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any RAPS Technologies Websites, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.
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.
6.4 Indemnity:
You agree to indemnify, defend, and hold RAPS Technologies, 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 your 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 your account of any intellectual property or other right of RAPS Technologies or any other third party. You will cooperate as fully as reasonably required in RAPS Consultancy Services defense of any claim. RAPS Technologies reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of RAPS Technologies You agree immediately to notify RAPS Technologies of any unauthorized use of your account or any other breach of security known to you.
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.
8. General
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 feedback@rapscspl.com, RAPS IT Customer Service 820, New Link Road, J(W), Mumbai (MH) - 400 102, India.