These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Rakt Innovations (OPC) Pvt. Ltd. (“we,” “us” or “our”), concerning your access to and use of the Quick Sync Service (collectively, the “Service”).
You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Services and you must discontinue use immediately.
These Terms and Conditions are supplemental to our Terms and Conditions and apply to our Quick Sync Service. You should read these Terms and Conditions in line with our Terms and Conditions available from www.rakt.org and in line with Shopify's Terms and Conditions available at https://www.shopify.com/legal/terms and Etsy`s Terms and Conditions available at https://www.etsy.com/legal/terms-of-use/
Protection of your data
You represent and warrant for the duration of these Terms that you own (and will own) all necessary rights to your Content that is uploaded, stored or shared on or through the Services and that the collection, use and retention of your Content using the Services does not violate any law or the rights of others. We strongly recommend that you back up your Content regularly. Rakt cannot be held responsible for your Content or the materials others upload, store or share using our Services.
To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve Rakt's products and services, you grant Rakt a worldwide, royalty-free intellectual property licence to use your Content, for example, to make copies of your Content or to preserve, transfer, reformat, distribute using communication tools, and display your Content through the Services.
Rules Of Conduct
Content, materials or actions that violate these rules are not permitted. By agreeing to these Terms, you agree to abide by these Rules: a) Do not take any unlawful action. b) Refrain from any action that exploits, harms or threatens to harm children. c) Do not send spam or engage in phishing. d) Refrain from posting or sharing through the Services any inappropriate content or other material (which may include, for example, depictions of nudity, brutality, pornography, offensive language, depictions of violence or criminal activity). e) Refrain from actions that are fraudulent, false or misleading (e.g. soliciting money under false pretences, impersonating someone else, manipulating the Services to increase play counts or influence rankings, ratings or comments). f) Refrain from knowingly circumventing restrictions on access to or availability of the Services. g) Refrain from actions that cause harm to you, the Service or others (such as transmitting viruses, harassing others, posting terrorist or violent extremist content, hate speech or inciting violence against others). h) Do not infringe the rights of others (e.g. by unauthorised distribution or sharing of copyrighted music or other copyrighted material, reselling or otherwise distributing Bing cards or photographs). i) Refrain from actions that violate the privacy of others. j) Do not assist anyone in any violation of these rules.
We reserve the right to refuse your Content if it exceeds the storage or file size limits permitted for the Service. If you violate any obligations or otherwise materially breach these Rules, we may take action against you, including discontinuing the provision of the Services for cause without notice or blocking delivery of any communication (such as email, file share or instant message) to or from the Services.
We also reserve the right to block or remove your Content from the Service at any time if it comes to our attention that the Content may violate applicable law or these Terms.
Rakt reserves the right to review your Content as necessary to investigate suspected violations of these Terms. However, we do not monitor or attempt to monitor the Services.
Use Of The Services
A Shopify/Etsy account is required to use many of the Services. Your Rakt account allows you to sign in to products, websites and services provided by Rakt and some Rakt partners.
You must use your Rakt account to keep it active.
In addition to any cancellation rights, you have the right to cancel certain Services at any time without specific cause.
If you cancel our Services this will have the following effects: your right to use and access the Services will end immediately. And we will delete any data or content associated with you. You may then no longer be able to access the services (or your content stored in those services).
In the event of important communications regarding a Service you are using, we will send you Service notifications and information that we are required to provide by law. If you have provided us with your email address, we may send you service notifications by email, including to verify your identity prior to confirm your purchases. We may also send you service notifications by other means (e.g. in the form of messages in the Product).
Customer support is available for some Services. Certain Services may provide dedicated or additional customer support unless otherwise specified.
Support may not be available for preview or beta versions of features or services.
Termination of Your Services
If your Services are terminated (either by you or by us), your right to access the Services will terminate immediately, as will your license to use the software associated with the Services. And, we will delete any data or content associated with your Service or otherwise separate it from you (unless we are required by law to retain, return or transfer it to you or a third party designated by you). You may then no longer be able to access the Services (or your content that you have stored in those Services).
The Services, may be unavailable from time to time, may be offered for a limited time, or may vary by region or device or by external factors, such as your Internet or network connection. If you change the location associated with your Rakt account, you may need to re-purchase the products that were available to you and paid for by you in the previous region.
We make every effort to keep the Services up and running. However, they are not provided with a guaranteed quality of service and all online services occasionally suffer disruptions and outages.
Updates to the Services or the Software and Changes to these Terms
We will notify you if we intend to change these Terms. We may change these Terms (i) if required by applicable law, for example, because such law has changed, (ii) if required or mandated by applicable law, (iii) as the Services evolve, (iv) for technical reasons, (v) due to operational requirements, or (vi) if we change the Terms for the benefit of the User. We will notify you of the intended change before it takes effect via the User Interface, in an email message or by other appropriate means. We will offer you the opportunity to cancel the Services at least 30 days before the change takes effect. If you use the Services after the effective date of the changes, you agree to the new terms. If you do not agree to the new terms, you must stop using the Services. We will expressly state this again in the notice of the proposed change to these Terms.
We are continually working to improve the Services and, to that extent, we reserve the right at any time to change the Services, delete features or discontinue access to third-party apps and services. This applies in particular if our contracts with third parties no longer allow us to provide their material, if it is no longer practical for us to do so, if technology evolves or if customer feedback indicates that a change is necessary. We will notify you in advance if a change to the Services will result in you no longer having access to your content.
Unless a separate license agreement applies, the software that we provide to you as part of the Services is subject to these Terms.
If you comply with these Terms, we grant you the right to install and use one copy of the Software per device worldwide for use by only one person at a time as part of your use of the Services. Certain devices may have such software pre-installed for your personal, non-commercial use of the Services. The software or website that is part of the Services may contain third party code. Any third-party code linked or referenced by such software or website is licensed to you by the third party that owns the code, not by Rakt. References to Third Party Code, if any, are for your information only.
The Software is licensed, not sold, and Rakt reserves all rights in the Software not expressly granted in these Terms. The following rights are not granted by this License, and any such action is unlawful:
Circumvent or undermine any technological protection measures in or relating to the Software or the Services
Disassemble, decompile, decrypt, hack, emulate, exploit or reverse engineer any software or other aspect of the Services included in or available through the Services, except that and only to the extent expressly permitted by applicable copyright laws
Separating components of the Software or Services from each other for use on other devices
Publish, copy, rent, lease, sell, export, import, distribute or loan the Software or Services, except as Rakt expressly permits you to do so
Transfer the Software, any Software licenses, or any rights to access or use the Services
Use the Services in any unauthorised manner that could interfere with another person's use of or access to the Services, data, accounts or networks
When you purchase a Service, these Payment Terms apply, and you agree to these Payment Terms.
If a fee is charged for any portion of the Services, you agree to pay the fee. The price quoted for the Services includes all applicable taxes unless otherwise stated. You are solely responsible for payment of any such taxes or other charges. Taxes are calculated based on location at the time you register your Rakt account, unless otherwise specified. After we notify you that we have not received a payment on time or in full, we may suspend or terminate the Services if you do not pay the full amount by the deadline set. Suspension or termination of the Services due to non-payment may cause you to lose access to your account and its contents. If you connect to the Internet through a corporate network or other private network that disguises your location, you may incur different charges than those shown for your actual location. Depending on your location, some transactions may require foreign currency conversion or be processed in another country. Your bank may charge additional fees for these services if you use a debit or credit card. Please check with your bank.
To pay for a Service, you will be asked to provide a payment method when you sign up for the Service.
You agree that Rakt may use updated account information provided by your issuing bank or the applicable payment system, if applicable.
You agree to update your account and other information, including email address and payment method information, in a timely manner so that we can complete your transactions and contact you about your transactions as needed.
If your Service Offer has a fixed term and price, that price will apply for that term. If you wish to continue using the Services thereafter, you must agree to a new offer and price. If your Services are provided periodically and not for a fixed period of time (for example, monthly) and it is not a trial offer, we may change the price of the Services to reflect the increased cost of providing the Services, if we add new or improved Service features, or in response to market changes (for example, due to labour costs, currency fluctuations, changes in taxes/regulations, inflation, licence fees or infrastructure and administration costs). We will notify you at least 30 days before the price change takes effect. When we notify you of a price change, we will also tell you the reasons for the price change and its extent and that the new price will take effect if you do not cancel the Services. We will also remind you how to cancel the Services.
Limitation Of Remedies And Damages
Rakt is not liable for any User Content or for any third party materials of any other kind, including links to third party websites and activities provided by Users. Such content and activities are not attributable to Rakt nor do they reflect the opinion of Rakt.
Rakt shall only be liable for breaches of material obligations under these Licence Terms.
Rakt, its indirect representatives and/or its legal representatives shall not be liable for unforeseeable damages and/or financial losses in connection with indirect damages, including lost profits, unless Rakt, its indirect representatives and/or its legal representatives have acted at least grossly negligently or intentionally.
The limitation of liability does not affect the statutory strict liability of Rakt, including (without being limited to) liability under the Product Liability Act and statutory liability for breach of warranty. The same applies to the liability of Rakt, its indirect representatives and/or its legal representatives in the event of fraud or negligence resulting in personal injury or death.
No contractual or legal rights other than those set out in this clause shall arise from these Application Licence Terms and/or use of the Application or any services provided through the Application.
Limitation of Liability
Rakt is not responsible for your Content, your materials, or any third party materials, including links to third party sites and activities provided by users. Such content and activities are not attributable to Rakt, nor do they reflect the opinions of Rakt.
Rakt will be liable only if it breaches a fundamental contractual obligation or a legal obligation under applicable law.
Rakt, its indirect representatives and/or its legal representatives will not be liable for indirect damages, including financial losses such as lost profits, unless Rakt, its indirect representatives and/or its legal representatives have acted with at least gross negligence or wilful misconduct.
Rakt's statutory strict liability, including statutory liability for breach of warranty, is not affected by the limitation of liability. The same applies to the liability of Rakt, its indirect representatives and/or its legal representatives in the event of fraud or their negligence resulting in injury to body or health of a person or death.
Rakt will not be responsible or liable for any failure or delay in performing its obligations under these terms to the extent that such failure or delay results from circumstances beyond Rakt's reasonable control (e.g., labour disputes, acts of God, war, acts of terrorism, malicious damage to property, accidents, or compliance with any applicable law or governmental order). Rakt will make every effort to minimise the impact of such events and to fulfil its obligations that are not affected by them.
Disclaimer Of Warranties
The Application is licensed "as is", "with all faults" and "as available". The publisher of the Application itself, Rakt, the wireless carriers over whose network the Application is provided, and each of their respective affiliates, suppliers, agents and vendors make no other contractual warranties, guarantees or representations with respect to the Application. You are entitled to all warranties required by law, but we make no other warranties. To the extent permitted by local law, the Affected Parties exclude all implied mandatory warranties, including merchantability, fitness for a particular purpose, warranties of safety and comfort, and non-infringement.
Contracting Company, Choice of Law and Jurisdiction
The laws of India apply to all claims relating to free and paid services. This is without prejudice to your rights under the consumer protection laws of the country in which we provide the Services to you and in which you are ordinarily resident (or if you are a company, in which you have your principal place of business). You and Rakt agree that the courts of the country in which we offer the Services to you and in which you are ordinarily resident (or, if you are a business, in which you have your principal place of business) will have jurisdiction over any dispute arising out of or relating to these Terms. Alternatively, you may choose the competent court in India.