Terms of Use

Overview

Please read these Terms of Use ("Terms" or "Terms of Use") carefully before using the Rapid.one (the “Platform” or “Rapid Platform”) operated by Rapid. One Tech Private Limited, a company incorporated under the laws of India, having its registered office at 3rd Floor, 166/168/169 Arekere Mico Layout, BG Road, Bangalore 560076, Karnataka, India ("Rapid", "us", "we", or "our"). For purposes of these Terms, “you” and “your” means you as a user of the Services. We may update these Terms by posting an updated version to our website (“Site” or “Website”).

Your access to and use of the services, as described in these Terms below (the “Services”), which is made available to you on the Platform is conditioned upon your acceptance of and compliance with these Terms. Where You have agreed to other terms of services with Us, those terms will take precedence over these Terms, where they conflict.

These Terms apply to all visitors, users and others who wish to access or use the Services. By accessing or using the Services, you agree to be bound by these Terms and to receive all communications and notices from us electronically. If you disagree with any part of the Terms, then you do not have our permission to access the Service. If you have questions about these Terms, contact our Customer Support team by submitting a request here before accessing the Services.

THESE TERMS AND CONDITIONS IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS AND CONDITIONS DO NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

Accounts and membership

By using the Platform and Services, You warrant and represent that You are at least 18 years of age, that you have full authority to enter into these Terms, and perform its obligations hereunder. In turn, We warrant and represent that We have full authority to perform the services under these Terms. If You create an account on the Platform, You are responsible for maintaining the security of your account and You are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of Your account. You must immediately notify us of any unauthorized uses of Your account or any other breaches of security. We will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Because we value great relationships and transparency, the provision of our Services is subject to a compliance check (KYC), following which we may suspend or cancel your account, should we deem the check not satisfactory. You therefore warrant and represent that You are in good standing under the laws of the jurisdiction in which You are present, and You have not, or will You enter into any agreement that would prevent you from complying with or performing under these Terms. We may suspend, disable, or delete your account (or any part thereof) and discontinue any Services if we determine that You have violated any provision of these Terms, any other terms You have agreed to, or that your conduct or content would damage Our reputation and goodwill. If We delete Your account for the foregoing reasons, You may not re-register for our Services. We may block Your email address and Internet protocol address to prevent further registration.

User content

We do not own any data, information or material (Content) that You submit on the Platform in the course of using the Services. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We monitor Content and user interactions and behavior on the Platform by various means including through ‘cookies’. We consider the use of some ‘cookies’ as essential for the delivery of our Services. This includes ‘cookies’ that help us with product analytics so we can quickly and consistently analyze feature usage for customer success. Analytics allow Us to be informed in Our approach to continuously improve the Platform and Services and increase value to users and customers over time. Analytics allow us to investigate reported problems and proactively detect any bad actors using Our Platform in unintended ways. Analytics allow measurement of the impact of Our product roadmap, Our product development decisions and Our product integrations with third party systems (such as our customer relationship management system, our ticketing and customer support system and other tools we use to serve Platform users). Such ‘cookies’ are optional for general website visitors but are mandatory for all authenticated Platform users.For more information, please visit our “cookie policy.”

We have the right, though not the obligation, to, in Our own sole discretion, refuse or remove any Content that, in Our reasonable opinion, violates any of Our policies or is in any way harmful or objectionable.

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Usage restrictions

When using the Platform, You must behave lawfully and appropriately and not abuse the Platform in any way. In particular, while using the Platform and Services, You agree not to:

access, store, distribute or transmit viruses, malicious code, or other harmful technologies,
do anything that infringes the intellectual property rights of a third party,
create one or more accounts for other commercial or illegitimate purposes,
reverse engineer, copy, modify, data scape, automate, or re-sell the Platform in any way, or
do anything unlawful, fraudulent, harmful, threatening, defamatory, discriminatory, or offensive and as such negatively impact yours or Our public image.

Should You have been invited to the Platform by a client of Ours, and wish to terminate your account at any time, including due to a disagreement with any updates to these Terms, please reach out to the client.

Consequences

If You violate any of the above restrictions or do anything else We reasonably believe to be harmful or illegitimate, We may suspend Your access to the Platform and Services and We may subsequently terminate these Terms. Such termination shall be without liability to You.

Billing and payments

You shall pay all fees or charges to Your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services You have requested, You will be charged automatically in accordance with the terms You agreed to. If, in Our judgment, any of Your payments or transactions constitute a high-risk transaction, We will require You to provide us with a copy of Your valid government-issued photo identification, and any other additional documents required by Us, to verify compliance with applicable laws, policies and procedures. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse You Services.

We may, in our sole discretion, limit or cancel Services purchased per person or entity. These restrictions may include Services requested by or under the same customer account, the same credit card, and that uses the same billing and/or shipping address. In the event that We make a change to or cancel any Services, We will notify You by the e-mail and/or billing address/phone number listed on the Platform or provided at the time the Service was requested.

If required as part of the Services you avail from Us, you hereby authorize us to act and hold ourselves out to be Your payment collection agent (“Payment Collection Agent”), and to hold and receive funds on Your behalf, for the limited purpose of facilitating payments for services You may provide to other entities on or off the Platform (“Service Recipients”).

In the capacity of Your Payment Collection Agent, Our role shall be limited to transferring payments received from Your Service Recipients to Your designated account(s) either directly, or through its payment partners, and its obligation to pay You is subject to and conditional upon successful receipt of such payments from the Service Recipients. We shall not be liable for any acts or omissions by You in the performance of Your services to Service Recipient, or any unpaid or disputed fees arising out of disputes between You and the Service Recipient.

The receipt of funds by Us from Service Recipients on Your behalf, shall be considered and deemed for all purposes to be full and complete payment of funds to You, and Service Recipients shall be relieved of any and all risk of loss immediately upon payment to Us, as if Service Recipients had delivered funds directly to You.

You shall advise Service Recipients that payments to Rapid will be deemed payment directly to You and will discharge Service Recipients of all payment obligations to You by the amount of the payment received by Us.

Upon receipt of funds from Service Recipients by Us on Your behalf, We shall contemporaneously issue a receipt or confirmation to Service Recipients acknowledging such receipt of funds, and confirming that such receipt is deemed payment to You, and that the Service Recipient shall be relieved of all risk of loss arising from the subsequent transfer of such funds to You. Payment services for contractors may be powered by our partner(s). Please contact us if you have any queries around details of our payment partners.

Accuracy of information

Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information, cancel any Service if any information on the Platform or on any related Services are inaccurate at any time without prior notice (including after You have submitted Your request for a Service). We undertake no obligation to update, amend or clarify information on the Platform including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platform should be taken to indicate that all information on the Website or on any related Services have been modified or updated.

Backups

We perform regular backups of the Platform and Content and will do Our best to ensure completeness and accuracy of these backups. In the event of a hardware failure or data loss, We will restore backups automatically to minimize the impact and downtime.

Links to other websites

In the event this Platform is linked to other websites, We are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated otherwise. We are not responsible for examining or evaluating, and We do not warrant the offerings of any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which You access through a link from this Website. Your linking to any other off-site websites is at Your own risk.

Prohibited uses

In addition to other any other terms agreed to, You are prohibited from using the Platform, Content, or Services: (a) for any unlawful or illegal purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services and Platform or any related website, other websites, or the Internet. We reserve the right to terminate or suspend Your use of the Platform, the Services or any related website for violating any of the prohibited uses unconditionally.

We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or Content of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.

Disclaimer of warranty

You agree that Your use of our Platform and Services is solely at Your own risk. The Platform and information obtained through the Platform are provided on an “as is” and “as available” basis. We do not provide tax, legal, or accounting advice and are not permitted to engage in the practice of law. We do not act as your attorney, and information given by Us is made for informational purposes only and is not a substitute for the advice of an attorney if such is needed to make decisions about compliance with applicable laws. We take every reasonable effort to ensure our Services are provided to reflect our best understanding of compliance matters related to employment, the information on the platform is not legal advice and is not guaranteed to be correct, complete, or up-to- date.

We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services requested on the platform will meet Your requirements, or that the Services requested will be uninterrupted, timely, secure, or error-free; nor do We make any warranty as to the results that may be obtained from the use of the Platform and Services or as to the accuracy or reliability of any information obtained through the Platform and Services or that defects in the Platform and Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Platform and Services is done at Your own discretion and risk and that You will be solely responsible for any damage to Your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any Services requested or obtained through the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by You from Us or through the Services shall create any warranty not expressly made herein. You are advised to consult with an attorney, tax advisor, or accountant before accepting these Terms.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will We, Our affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, fraud, negligence or otherwise, even if Rapid, has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Our and Our affiliates, officers, employees, agents, suppliers and licensors, relating to the Services requested on the platform, will be limited to management fees actually paid by You to Us for the one (1) month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate You for any losses or fails of its essential purpose.

Service availability

We shall make the functionality of the Platform available to You pursuant to these Terms, and shall use commercially reasonable efforts to always make the Platform available, except for: (i) Scheduled Downtime (of which We shall, to the extent practicable, schedule so as not to adversely affect You); and (ii) as set forth in these T&Cs. We warrant that the Platform shall have an uptime of not less than 99.5% per month (resulting in a downtime of not more than 0.5% per month) (Service Availability). You shall bring forth any claim of excessive downtime by submitting the details of such downtime for our reference. We must receive such claims by the end of the calendar month, following the month in which the alleged downtime occurred. After Our investigation of such claims, should We determine We have not met the uptime requirement set forth herein, You may, as the exclusive remedy, be entitled to credit of which the issuance shall remain at the discretion of Rapid. Any credit shall only be reflected as part of any management fees paid for the Services. We may, at our own sole discretion, announce additional performance targets for the Platform, and shall use commercially reasonable efforts to meet those targets. It is agreed that the additional performance targets may be amended by Rapid at any time and at its sole discretion and that a failure of Rapid to meet those targets shall not entitle You to a refund of any fees paid under any agreement with Rapid or any Addendum thereto.

Severability

All rights and restrictions contained in these Terms may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Communications from Rapid

By creating an Account on our Platform you agree that we may contact you in relation to the Services. By creating an Account you also agree to subscribe to newsletters and/or marketing materials and/or other promotional information we may send to you. However, you may opt-out of receiving any, or all, of these marketing communications from us by following the unsubscribe link or instructions provided in any email we send. Please note that we may still contact you and send you messages related to the Services even after you have opted out of receiving marketing communications.

Electronic Signatures and Legal Notices

You agree that any signature or other electronic symbol or process attached to, or associated with a contract, form, certificate, or other document between you and Rapid or You and another User with the intent to sign, authenticate or accept the terms of any such contract, form, certificate, or other document and any contract formation or record-keeping through electronic means on the Services will have the same legal validity and enforceability as a manually executed signature or use of a paper-based recordkeeping system to the fullest extent permitted by applicable law, and you hereby waive any objection to the contrary.

You consent to us providing notices to you under these Terms of Service electronically and understand that this consent has the same legal effect as a physical signature.

We may provide notices regarding activity and alerts electronically through your Account, email, and via text or SMS to the contact information provided to us by you. We will send notices affecting payment and these Terms through your Account or via email and you agree that they will be considered received 24 hours after they are sent. You understand that you may not use the Services unless you consent to receive notices electronically. You may only withdraw consent to receive notices electronically by closing your Account.

We may send notices to Users’ mobile phones through text or SMS to the phone numbers you provide to us. These notices may include alerts about the Services, contracts, forms, invoices and other documents. Administrators and Users may elect to not receive certain notices via text or SMS, but this will limit the use of certain Services.

You must maintain an updated web browser and computer and mobile device operating systems to receive Notices correctly. You are responsible for all costs imposed by Internet or mobile service providers for sending or receiving notices electronically.

Intellectual Property

The Platform, Services, any Content thereon (excluding any User Content), and any APIs, interfaces, features and functionalities thereof are and will remain the exclusive property of Rapid and its licensors. The Services are protected by copyright, trademark, and other laws of both India and each jurisdiction in which we make the Services available to Users. You may not use our trademarks, trade dress, service marks, logo or trade name in connection with any product or service without the prior written consent of Rapid. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Platform and/or Services, if any. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Content of the Platform or Services for any purpose.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback by you does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback will become the sole and exclusive property of Rapid, and Rapid may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary rights, or other right or claim. You hereby assign to Rapid any and all right, title and interest to any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property rights that you may have in and to any and all Feedback.

Governing law and Jurisdiction

The formation, interpretation, and performance of these Terms and any disputes arising out of it shall be governed by the laws of India. Subject to the arbitration clause below, the exclusive jurisdiction and venue for actions related to the subject matter hereof shall be Bengaluru, India and You shall submit to such jurisdiction.

Dispute resolution

In the event of a dispute or difference (“Dispute”) relating to any of the matters set out in these Terms, including any question regarding its existence, validity or termination, the Parties shall discuss in good faith to resolve the Dispute. In case the Dispute is not settled within 30 (thirty) calendar days, it shall be referred to arbitration in accordance with this Clause.

Disputes that have not been satisfactorily resolved as provided above be referred to and finally resolved by arbitration by a sole arbitrator under the rules laid down by the Bangalore International Mediation, Arbitration (the “Rules”), which Rules are deemed to be incorporated by reference into this clause.

The law governing the arbitration shall be Indian Arbitration & Conciliation Act, 1996 (as may be amended or reenacted from time to time). The seat or legal place of arbitration shall be Bengaluru, India. The language to be used in the arbitration shall be English.

No demand for arbitration shall be made after the date when the claim or dispute is barred by the application statute of limitation. The award of the arbitrator shall be final and conclusive and binding upon the Parties.

The parties to the Dispute shall equally share the costs of the arbitrator’s fees, but shall bear the costs of their own legal counsel engaged for the purposes of the arbitration; provided that the arbitrator shall have the power to decide on the costs and reasonable expenses incurred in the arbitration and award costs to any party and interest up to the date of the payment of the award.

Changes and amendments

We reserve the right to modify these Terms and any policies relating to the Platform or Services at any time. Continued use of the Platform after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that You have read these Terms and agree to all its terms and as set out. By using the Platform or Services requested on the Platform, You agree to be bound by the Terms. If You do not agree to abide by the terms, You are not authorized to use or access the Platform and its Services.

Contact us

For inquiries or requests, please contact us at care@rapid.one.