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Welcome to RAP 3G Technologies & Innovations Pty Ltd.
DEFINITIONS
(i) "Act": It means and include any of the following (as applicable)
(ii) "Rule": It means and include any of the following (as applicable):
(iii) "RAP 3G Technologies & Innovations Pty Ltd": It shall mean and include RAP 3G Technologies & Innovations Pty Ltd, its partners, employees, affiliates, key managerial personnel etc.
(iv) "Mobile Application": It shall mean and include mobile applications available for the User(s) owned and managed (directly or indirectly) by RAP 3G Technologies & Innovations Pty Ltd
(v) "Service(s)": It means and includes the various services offered by RAP 3G Technologies & Innovations Pty Ltd to all its User(s) through the Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD.
(vi) "User(s)": It shall mean and include all potential users, subscribers, consumers, registered or unregistered, natural or legal persons, who access, subscribe or register to our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD.
(vii) "Materials": It means and includes all information, materials, functions, texts, logos, designs, graphics, images, sounds, software, documents, products and services provided by RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD on our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD.
(viii) "Public Forum": It means and include a chat portal for the users etc. to post or upload comments, feedback, data, links, videos, audios, graphics, images, messages and other material available in certain sections or pages of the Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD.
(ix) "User(s) Content": It means and includes all or any comments, feedback, data, links, videos, audios, graphics, images, messages and any other materials uploaded by the Users of the said Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD
(x) "Terms & Conditions": It shall mean and include all terms and conditions incorporated into this agreement including any updates, modification done from time to time, and published in our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD.
(xi) "Privacy Policy": It shall mean and include all terms and conditions incorporated into a document published and available in our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD under the heading called 'Privacy Policy'.
(xii) "User(s) Agreement": It refers to the meaning and includes both documents i.e. the Terms & Conditions and the Privacy Policy, as published in our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD.
INTRODUCTION
This user agreement ("Terms & Conditions") is an electronic record in terms of Information Technology Act, 2000 ("Act") and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This Terms & Conditions is generated by a computer system and does not require any physical or digital signatures.
This Terms & Conditions govern your use of our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD, Materials, Our Content and the services offered by RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD upon the said Mobile Application ("Service(s)").
For the purpose of this Terms & Conditions, wherever the context so require, User(s) shall mean any natural or legal person who has agreed to become a member of our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD by voluntarily registering on it as a registered user or otherwise browses/visits our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD without taking registration or subscription of any kind as available during the relevant time. Your access or use of the said Mobile Application is subject to the terms and conditions of use as set out herein under this Terms & Conditions and the Privacy Policy made available at our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD.
Please note that by accessing or using the said Mobile Application, the User(s) voluntarily agree to be bound by this Terms & Conditions and, this Terms & Conditions is a legally binding agreement between the User(s) and RAP 3G Technologies & Innovations Pty Ltd.
USER(S) REGISTRATION
User(s) may use our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD without registration. However, in order to personalize your experience with RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD, User(s) may create an account or you can login through your Google account, Facebook Account or Mobile Number, as per the functionality made available on our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD during the relevant time.
User(s) further undertake and agree to:
a) provide true, accurate, correct and complete information as prompted by the applicable registration form made available at our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD;
b) maintain and update the true, accurate, correct and complete information provided by you during the registration process at our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD.
You may be required to choose a password and username. You are solely responsible for maintaining the confidentiality of your password/user name and the created account.
If at any time, RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD believe that in case the account and password of any User(s) is being misused in any manner, or that the information provided by such User(s) during the registration process is not true, inaccurate or incomplete, then RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD reserves the right to cancel your account and block your access to all platforms of our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD.
User(s) are entirely responsible for any and all activities that occur under their account. User(s) also agree to notify us regarding any prior use or any unauthorized use of their account or any breach of security. Further, We shall not be liable for any loss of User(s) that may incur as a result of someone else using its password or account or User(s) itself failure to comply with this section.
USE OF MOBILE APPLICATION OF RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD
Materials provided on our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD, including but not limited to all information, materials, functions, texts, logos, designs, graphics, images, sounds, software, documents, products and services ("Materials"), and the selection, arrangement and display thereof, may be the copyrighted works of RAP 3G Technologies & Innovations Pty Ltd or its vendors or third party service providers. All Materials herein and all software are owned by RAP 3G Technologies & Innovations Pty Ltd/its partners and protected by worldwide copyright and other intellectual property laws as applicable. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of RAP 3G Technologies & Innovations Pty Ltd.
We hereby grant all our User(s) the right to access and use our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD only for their personal and non-commercial use. User(s) may not use it for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
User(s) may post or share any links, images, texts and/or contents from our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD to social platforms like Facebook, Twitter, Google+, Whatsapp, etc., with appropriate link-back to the original source.
Our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD including the Materials are made available for public use in general and for non-commercial usage only. The intellectual property (if any) available in our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD, including the Materials, are solely owned by RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD/its partners.
In respect of the contents available within our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD, including the Materials, all User(s) have to:
(a) Keep intact all copyright and other proprietary notices;
(b) Make no modifications to, and do not rent, lease, loan, sell, distribute, copy or create any derivative works based upon the work of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD or the Materials created/developed/ideated by RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD, in whole or in part;
(c) Not transfer any Materials or software or any part thereof to any other computer or mobile device;
(d) Restrain from any commercial or business use of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD or any Materials including the software etc. as the same is expressly prohibited by RAP 3G Technologies & Innovations Pty Ltd; and
(e) Ensure that none of the all or any functionalities, features etc. available at our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD are replicated or reproduced by our User(s) or by any third person at any other different website, mobile application or any other platform.
Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right in respect of any patent, trademark or copyright of RAP 3G Technologies & Innovations Pty Ltd upon any person.
User(s) acknowledge and agree that nothing in this Terms & Conditions shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names or any other proprietary rights available with our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD, other Materials or any part thereof to them or any other third party.
PROHIBITED USE
As a condition of use of our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD by the User(s), they will not use it for any purpose that is unlawful or prohibited by these Terms & Conditions or by any domestic or international laws, statutes, ordinances and regulations. It is clarified that the use of our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD by the User(s) is the sole responsibility of the User(s) itself only.
You shall not display, upload, modify, publish, transmit, update or share any information into our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD, that
a) belongs to another person and to which you do not have any right;
b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another;s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner;
c) involves the transmission of "junk mail", "chain letters", "unsolicited mass mailing", "spamming" or "unsolicited commercial advertisement";
d) harm minors in any way;
e) infringes any patent, trademark, copyright or other proprietary rights;
f) violates any law for the time being in force;
g) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
h) impersonate another person;
i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of our resources/contents in general;
USE OF PUBLIC FORUM
Certain sections or pages of the Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD may contain a provision such as a chat portal for users etc. (hereinafter referred to as the "Public Forum") for the users to post or upload comments, feedback, data, links, videos, audios, graphics, images, messages and other material ("User Content"). Through the Public Forum, any User(s) can communicate with other users of the Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD.
User(s) are solely and entirely responsible regarding all their User Content that they upload, post, email, transmit or otherwise make available the same upon the Public Forum. User(s) fully understand and acknowledge that such User Content can be viewed by other users globally and therefore User(s) shall exercise due care to ensure that such User Content does not offend or abuse other users of our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD.
RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD does not control the User Content posted on the Public Forum and, as such, does not guarantee the accuracy, integrity or quality of such User Content. User(s) understand that by using our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD, they may be exposed to User Content that is offensive, indecent or objectionable.
Under no circumstances, RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD will be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available on our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD.
When our User(s) post or upload their User Content on our Mobile Application, they grant RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD (and its licensees, distributors, agents, representatives and other authorized persons) the irrevocable rights in perpetual, royalty-free, non-exclusive and a license to reproduce, prepare derivative works based upon such User Content, and to distribute, perform or display such User Content, in whole or in part, in any form, on any media or technology known or hereafter developed.
User Content posted by our User(s) shall be subject to the relevant laws and may be disabled, or/and may be subject to investigation under the appropriate laws. User(s) agree that RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD may disclose or preserve User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) respond to claims that any User Content violates the rights of third-parties; or
(c) protect the rights, property, or personal safety of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD and the public.
Furthermore, if any User(s) are found to be in non-compliance with the laws and regulations, these Terms & Conditions, or the Privacy Policy of our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD, RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD may terminate his/her account/block the access and, also further reserve the right to remove any of such User Content that is non-compliant with our policies in general.
User(s) agree that RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD has no liability or responsibility for the storage or deletion of any User Content and reserves the right to change its general practices and limits at any time in its sole discretion, with or without notice to its User(s).
COPYRIGHT AND TRADEMARKS
Unless otherwise stated, copyright and all intellectual property rights in all Materials on our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD [including but not limited to text, audio, video or graphical images, or technology, the look and feel of the website/mobile application, trademarks and logos appearing on our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD] may be the property of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD and may be owned and controlled by us or by other parties that have licensed their material to us. Materials on our Mobile Application are solely for your personal, non-commercial use. Some content used on our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD may be taken from public domain and displayed herein. User(s) are bound to respect the respective intellectual property rights that may subsist in such Materials made available on our Mobile Application. User(s) must not copy, reproduce, republish, upload, post, transmit or distribute the Materials in any way, including by e-mail or other electronic means and whether directly or indirectly and must not assist any other person to do so. Without the prior written consent of the owner, modification of the Materials, use of the Materials on any other web site or networked computer environment or use of the Materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is strictly prohibited. Any use for which the User(s) receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. User(s) agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD, including without limitation, the size, colour, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent as permitted by the appropriate laws.
We respect other people's intellectual property rights and if you believe that any content or material on our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD infringes on your intellectual property rights, the User(s) or any other concerned person are requested to click upon contact us in order to know further details for necessary action.
LINKS
We may establish, on our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD, a hypertext link(s) to a third party website from time to time. Such link(s) are provided for information and convenience for our User(s) and do not state or imply any sponsorship or endorsement of third party websites. RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD has no control over such third party websites and use of such third party websites or any offsite dealings with such third parties by User(s) is at their own risk and responsibility.
ADVERTISING MATERIAL
Some part or portion of our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD may contain advertising information or promotion material or other material submitted to us by third parties.
Responsibility for ensuring that the material submitted for inclusion on our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD complies with applicable laws is exclusively on the party providing the information/material. User(s) correspondence or business dealings with, or participation in promotions of advertisers or including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User(s) and such advertiser. We will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD. We reserve the right to omit, suspend or change the position of any advertising material submitted for insertion.
We do not guarantee or give any kind of assurance to all or any of the User(s) doing anything in furtherance to or relying upon such advertising materials of third party advertisers.
It is expressly clarified that any sponsored content of any goods/service/activity (expressly displayed at respective portions on our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD) displayed are not solicited by RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD and it should not be deemed as a promotion made at the behest of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD.
INTERNATIONAL USE
RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD is a company incorporated as per the laws applicable in India and it makes no representation that our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD is appropriate or available in locations outside of India. Those who choose to access it from other locations do so at their own risk and are solely responsible for compliance with applicable laws.
DISCLAIMER AND LIMITATION OF LIABILITY
(a) By accessing and/or using our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD and its service (hereinafter referred to as the "Service"), User(s) have read, understood and agree to be legally bound by the terms of this disclaimer. User(s) agree that your access to the Service is at your sole risk and at your free will.
(b) The Service and all material therein contained are distributed and transmitted on an "as is" and "as available" basis.
(c) We disclaim any and all express or implied representations, warranties and/or conditions of any kind, including but not limited to warranties of completeness, accuracy, reliability, suitability, fitness, merchantability, availability, quality, fitness for any purpose, non- infringement, compatibility and/or security;
(d) We are not responsible or liable for any infection or contamination of your system or device arising out of or in connection with your use of the Service or any connected service and do not warrant that the Service, the server(s) that make the Service available or any connected services are free from viruses, trojan horses, worms, software bombs or similar items or processes or other harmful components;
(e) We are not responsible or liable for interruptions, delays, inaccuracies, errors, or omissions arising out of your use of the Service or any connected service or with respect to the material and user material thereon; and
(f) We do not warrant that the Service, or any connected service, linked microsites, any materials, third-party content, other services offered will be uninterrupted or error free or accurate or suit your purpose.
(g) Industry standard efforts are made to keep the Service running smoothly. However, RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD takes no responsibility for, and will not be liable for, the Service being unavailable due to any reasons.
(h) The entire risk as to the quality, accuracy, adequacy, completeness, fitness, correctness and validity of any material and use of and access to the Service or any connected service rests solely with you.
(i) User(s) may encounter third party applications while using the Service including, without limitation, websites, widgets, software, services that interact with the service. Your/User(s) use of these third party applications shall be subject to such third party Terms & Conditions or license terms. RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD shall not be liable for any representations or warranties or obligations made by such third party applications to you under contract or law.
(j) The Service may contain links to other third-party websites/services which are not under the control of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD. Any website/application you visit by a link from the Service is solely the responsibility of the third party providing the website. The content of, including materials and information contained on, any third-party website/application to which you link from the Service is solely the responsibility of the provider of that third party website/application. Any transactions that you enter into with a third party listed in this Service or linked from this Service are solely between you and that third party. We are not responsible for any such third-party content/feature that may be accessed via the Service, nor the organizations publishing those third-party websites/applications, and hereby disclaim any responsibility and liability for such content. The inclusion of any links does not constitute or imply an endorsement or recommendation by us of the third- party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement/functionality/necessary embedment or integrations, any other information or offer in or in connection with the third party website/application.
(k) To the fullest extent permissible by law, RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD, its affiliates, associates and group companies, and their respective directors, key managerial personnel, employees, officers, shareholders/partners, agents, representatives, sub-contractors, consultants and third- party providers shall not be liable for any loss and/or damage and/or claims of any kind (whether in contract, tort or breach of statutory duty or otherwise) arising out of or in connection with the Service and/or materials and/or user material and/or any connected third party website including without limitation:
(i) Indirect or consequential loss;
(ii) Loss of profits or revenue or savings or other economic loss;
(iii) Incidental, direct, or special loss or similar damages;
(iv) Loss of or damage to data;
(v) Loss of business, reputation or goodwill;
(vi) Loss of use;
(vii) Wasted or lost management time;
(viii) Even if advised of the possibility of such loss or damage or if such loss or damage was foreseeable.
(l) When the User(s) share password or allow a third party to access his/her account, he/she agrees to remain responsible for compliance with this Terms & Conditions by any such third party. We will not be liable for any loss or damage arising from your failure to adequately safeguard your password or for any actions occurring under your password.
(m) User(s) agree that RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD shall not be liable for any direct, special, incidental, indirect or consequential damages of any kind in connection with this agreement or your use of our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD, even if RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD has been informed in advance of the possibility of such damages.
(n) Notwithstanding the foregoing, in no event shall RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD or its affiliates, associates and group companies; liability to you for any and all losses, damages or claims of whatsoever nature (whether in contract, tort, breach of statutory duty or otherwise) including under the Privacy Policy shall exceed the amount paid by you, if any, for accessing the Service provided. However, the maximum liability, in any case, whatsoever, of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD in all instances shall not exceed INR 500 (Indian National Rupees Five Hundred only).
(o) If you are dissatisfied with the Service or with these Terms & Conditions or the Privacy Policy of our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD, your sole and exclusive remedy is to discontinue accessing or using the Service.
INDEMNITY
User(s) agree to indemnify, defend and hold Company, its officers, directors, employees, affiliates or representatives harmless from any claim or action (including legal expenses) arising out of your use of our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD, your breach of the Terms & Conditions, Privacy Policy and violation of any third party intellectual property rights or privacy in any way.
CHANGES OF TERMS & CONDITIONS
We reserve our right to modify these Terms & Conditions and the Privacy Policy at any time, at our sole discretion. Any changes to Terms & Conditions or the Privacy Policy will be posted on our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD and your continued use of the same following a posting of such change is your agreement to all such changes made & updated and, all User(s) are bound by the then-current version of these Terms & Conditions or the Privacy Policy inserted upon our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD. If any changes to these Terms & Conditions or the Privacy Policy are unacceptable to you, you must discontinue using our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD, including for any violation of any provision of these Terms & Conditions and/or the Privacy Policy. We also reserve the right to change our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD without any prior notice to the User(s), at any time.
RELATIONSHIP
None of the provisions of the Terms & Conditions and the Privacy Policy shall be deemed to constitute a partnership or agency between the User(s) and RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD and, User(s) shall have no authority to bind RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD in any manner whatsoever. If the User(s) are registering on our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD as a business entity, you represent that you have the authority to bind your entity with all terms of this Terms & Conditions and the Privacy Policy of our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD.
TERMINATION
We reserve the right, at our discretion, to immediately, with or without notice, suspend or terminate your registration/subscription, the Terms & Conditions, and/or your access to all or a portion of our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD and/or remove any registration information or User Content from our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD, for any reason. Upon termination or expiration of the Terms & Conditions or of your registration/subscription, your obligations and RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD's rights and disclaimers survive, but your right to use our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD immediately ceases. Any express waiver or failure to exercise promptly any right under the Terms & Conditions will not create a continuing waiver or any expectation of non-enforcement.
MISCELLANEOUS
(a) These Terms & Conditions contain the entire understanding between User(s) and RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD and supersedes all prior understanding between the User(s) and RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD in respect of the User(s)’s access and/or use of the Service.
(b) If any provision of these Terms & Conditions is found to be illegal, invalid or unenforceable, then to the extent to which such provision is illegal, invalid or otherwise unenforceable, it shall be severed and deleted and the remaining provisions shall survive and remain in full force and effect and continue to be binding and enforceable.
(c) User(s) confirm that their representations, warranties, undertakings and covenants, and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms & Conditions and the Privacy Policy of our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD.
(d) Any express waiver or failure to exercise promptly any right under these Terms & Conditions and the Privacy Policy of our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD will not create a continuing waiver or any expectation of non-enforcement.
(e) User(s) agree that RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD shall be under no liability whatsoever to its User(s) in the event of non-availability of the Service or any portion thereof occasioned by Act of God, pandemic, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, network failures, server failures, failure of any public utility, terrorist attack, network maintenance, service maintenance, server maintenance, or any other cause whatsoever beyond the control of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD.
(f) Unless otherwise specified, the Service is presented solely for the purpose of entertainment and promoting programs. RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD makes no representation that the Service is appropriate or available for use in locations other than India. Those who choose to access the Service from locations other than in India, do so on their own initiative and risk, and are solely responsible for compliance with the relevant applicable local laws.
(g) The Privacy Policy (as also provided in our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD), and any other documents, instructions, etc. included on our Mobile Application of RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD shall be read into this and shall be a part of these Terms & Conditions. The Privacy Policy shall form an integral part of the Terms & Conditions and both these documents constitute the User(s) Agreement and a legally binding contract between RAP 3G TECHNOLOGIES & INNOVATIONS PTY LTD and the User(s).
(h) These Terms & Conditions shall be governed by and construed in accordance with the laws of India and be subject to the exclusive jurisdiction of the Courts at Delhi (India), without giving effect to any principles of conflicts of law.
