INFORMATION ABOUT US
- We own and/or operate:
- rakosell.com, a website ("Website"); and
- such other websites and mobile applications through which we render Services to you from time to time (together with the Website, “RAKOSELL”).
- In these Terms and Conditions (the “Terms”), “we” and “us” means the applicable Rakosell Contracting Party as defined in the section headed “Rakosell Contracting Party” below. We offer to RAKOSELL users, among other things, a full-featured platform that allows them to easily build their store website, sell items across multiple channels, connect with their followers and deliver a seamless omni-channel experience ("Services"). Any new or additional Services we launch from time to time shall also be subject to the Terms.
ACCEPTANCE OF THE TERMS
IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT PROCEED TO USE OR ACCESS RAKOSELL OR THE SERVICES.
- RAKOSELL's services are available only to, and may only be used by, persons who can form legally binding contracts under applicable law. You represent and warrant that all registration information you submit is complete, accurate and truthful. If you are accepting these terms on behalf of a company, organization or other legal entity, you represent and warrant that (a) you are authorized to do so, (b) the legal entity you represent agrees to be bound by the Terms, (c) neither you nor the legal entity you represent are barred from agreeing and accepting the Terms or are barred from using the Services under applicable laws, and (d) all registration information you submit is complete, accurate and truthful. We may, in our sole discretion, refuse to offer access to or use of RAKOSELL to any person and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access RAKOSELL is revoked in such jurisdictions.
- Individuals under the age of 18 (or who are considered minor under the applicable law) must at all times use RAKOSELL's services only in conjunction with and under the supervision of a major parent or legal guardian. In this case, the adult is deemed to be the user and is responsible for any and all activities.
- Accounts must be registered only by the person seeking membership. Registration of accounts in a name other than the registrant's, fictitious or real, is expressly prohibited. Such use constitutes fraud and may give rise to criminal prosecution and substantial damages. You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by RAKOSELL's policies as stated in these Terms and the other RAKOSELL policy documents listed herein or elsewhere (if applicable to your activities on or use of RAKOSELL) as well as all other operating rules, policies and procedures that may be published from time to time on RAKOSELL by us or our affiliates, each of which is incorporated herein by reference and each of which may be updated by us from time to time without notice. In addition, some services offered through RAKOSELL may be subject to additional terms and conditions promulgated by us from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into the Terms by this reference. Please see section headed "Changing These Terms" regarding amendments to the Terms.
- Depending on the Services you subscribe to, multiple admin and staff accounts may be made available to you (or the legal entity you act on behalf of pursuant to section 4) upon approval by us. You (or the legal entity you act on behalf of pursuant to section 4) will be responsible and liable for the acts, omissions and breaches arising from the use of those accounts. We may reject an application for an account, or cancel an existing account, for any reason, in our sole discretion.
- While using RAKOSELL, and any bulletin board services, chat areas, communities, and/or other communication facilities designed to enable you to communicate with other users or the public at large ("Communication Services") you will not:
- post content or items which fall under an inappropriate category or areas on RAKOSELL;
- violate any laws, third party rights, or our Terms such as the terms relating to Prohibited and Restricted Items (as set out in section headed "Prohibited, Questionable and Infringing Items and Activities" below);
- use our sites or services if you are not able to form legally binding contracts under the applicable laws, are under the age of 18, or are suspended from RAKOSELL
- manipulate the price of any item or interfere with other users' listings;
- circumvent or manipulate our fee structure, the billing process or fees owed to the us;
- post false, inaccurate, misleading defamatory, libellous content or personal or private information in relation to other users;
distribute or post spam, chain letters, or pyramid schemes;
distribute through RAKOSELL of any viruses, worms or any other technologies that may harm or cause detriment to our interests, the interests of RAKOSELL, the Website or the interests or property of other RAKOSELL users;
- defame, abuse, harass, stalk, threaten or otherwise breach the legal rights (such as rights of privacy and publicity) of others;
advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
- download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- restrict or inhibit any other user from using and enjoying the Communication Services;
- breach any code of conduct or other guidelines which may be applicable for any particular Communication Service;
- copy, modify and/or distribute content from the Website and its sub-domains, including our copyrights and trademarks; or
- harvest or otherwise collect any data or information about users (which may be private or otherwise) without their consent.
- You are solely responsible for all activity and content such as photos, images, videos, graphics, information, or data uploaded, stored, or transmitted or displayed on or in connection with your account and/or store website with RAKOSELL. We have no obligation to monitor any services provided by you through RAKOSELL. However, we reserve the right to review any posted materials and to remove any material in our sole and absolute discretion.
- As a condition to your use of RAKOSELL, you warrant to us that you will not use RAKOSELL for any purpose that is unlawful or prohibited by these Terms or our notices. You must not use RAKOSELL in any manner, which could damage, disable, overburden, or impair RAKOSELL or interfere with any other party's use and enjoyment of RAKOSELL. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through RAKOSELL.
- RAKOSELL requires you to keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password security. You agree to immediately notify us of any unauthorized use of your password or any breach of security. You also agree that we cannot and will not be liable for any loss or damage arising directly or indirectly from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than us without our express written permission. You must keep your account information up-to-date and accurate at all times, including a valid email address. To give and take items on RAKOSELL you must provide and maintain authentic personal information such as valid phone number and email address.
- You may not disclose, transfer or sell your RAKOSELL account and user ID to another party.
- We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not our authorized spokespersons and their views are theirs alone.
FEES AND RENEWALS
- From time to time, we may offer different subscription plans, and the subscription/membership fees and other fees and charges for such plans may vary.
- You agree to pay the subscription/membership fees applicable to your plan and any other applicable fees, including but not limited to applicable fee which is computed as a certain percentage of the sales revenue generated through your store website with us (“Monthly Maintenance Fee”), and any fees relating to your purchase or use of any other products or services offered by us from time to time (collectively the “Fees”). We will serve you the notice or invoice of the Fees applicable to you by posting to your admin panel or sending to your email address or by other means authorized by you.
- All Fees and charges paid to us are non-refundable except as expressly set forth below or otherwise indicated by us in writing.
- You may be required to keep a valid payment method on file with us to pay for all incurred and recurring Fees. Your subscription will automatically renew and you authorize us (without notice) to collect the then applicable subscription/membership fees, using any valid payment source we have on record for you.
- All late payments shall bear interest at the rate of one percent (1%) per month, calculated daily. We have the right to suspend part or all of the functions of your store website until all outstanding amounts and interests accrued thereon are paid in full.
- We reserve the right to set off and apply any and all monies or credits that are owed to you against any and all of your obligations to us, whether or not your such obligations arise from these Terms or any invoices, orders, agreements or contractual relationships between you and us or any of our affiliates.
- Our fees are exclusive of applicable sale, good and service taxes, fees or charges now in force or enacted in the future. All sums payable by you to us under the Terms shall be free of any deductions or withholdings.
- We will cease to provide you with the Services and you will no longer be able to access your RAKOSELL account;
- You will not be entitled to any refunds of any fees, pro rata or otherwise; any outstanding balance owed to us for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your store website will be taken offline and you will no longer have access to the data and content in your store website; we will be under no obligation to retain or store any data or content of your store website thereafter.
RAKOSELL IS A VENUE
- You acknowledge that RAKOSELL is a venue for sellers of items to display their products and for buyers to find items of interest to them. We and RAKOSELL are not involved in the actual transaction between a buyer and a seller. We and RAKOSELL have no control over and do not guarantee the quality, safety or legality of items advertised, the ability of sellers to sell their respective items, the ability of buyers to pay for items, the truth or accuracy of the representations made by users in respect of their items listed on RAKOSELL. We and RAKOSELL cannot provide any assurance for whether exchange of communication or statements of intention between buyers and sellers to conclude a transaction between users through RAKOSELL will ultimately be consummated with an exchange of consideration for products or services.
- We do not transfer or guarantee the transfer of legal ownership of items from the seller to the buyer. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller. Further, we cannot guarantee continuous or secure access to our services, and operation of RAKOSELL may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages in relation to and arising out of your use of our sites and services. You use RAKOSELL at your own risk.
- We do not control the information provided by other users that is made available through RAKOSELL. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe exchange when using RAKOSELL. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using RAKOSELL, you agree to accept such risks and we and/or RAKOSELL is not responsible for the acts or omissions of users on RAKOSELL.
- We aim to update and maintain RAKOSELL regularly and can change the content at any time. We will use our reasonable efforts to keep RAKOSELL available to you, but if necessary, we may suspend access to the Website or other RAKOSELL sites, or close them indefinitely. We will not be liable if for any reason RAKOSELL becomes unavailable at any time or for any period.
- RAKOSELL and some of the articles on RAKOSELL contain links to other resources and businesses on the internet. We provide these links for your information only. We do not sponsor, nor are we affiliated to or associated with such resources or businesses. Your ability to access such links do you allow you to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol in the links. Our liability for your use of RAKOSELL is set out in the section headed "Disclaimer and Limitation of Liability" section below.
- You acknowledge that unless otherwise agreed, we may provide the Services to your competitors and make no promise of exclusivity in any particular market segment.
PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES
- You are solely responsible for your conduct and activities on and regarding RAKOSELL and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on RAKOSELL.
- You represent and warrant that the Content and your use of RAKOSELL shall not:
- be false, inaccurate or misleading;
- be fraudulent or involve the transaction of illegal, counterfeit or stolen items infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
- violate the Terms, any site policy, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing national security, anti-terrorism, anti-money laundry, export control, anti-discrimination or false advertising);
- contain items that have been identified by the applicable laws or regulations as hazardous and therefore subject to a recall be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including our staff or our affiliates’ staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device be obscene or contain child pornography;
- infringe any copyright or intellectual property or any legitimate interest of any third party;
- contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- post images not part of a listing;
- modify, adapt or hack the Website or RAKOSELL or modify another website or create another mobile device application so as to falsely imply that it is associated with RAKOSELL or us; or
- We reserve the right to remove any Content posted by any user onto RAKOSELL which falls under any of the categories as described in items (i) to (ix) set out above or any Content, which is inappropriate for posting on RAKOSELL in the sole discretion of us.
INTELLECTUAL PROPERTY AND CONTENT
- Our trade name and company name, RAKOSELL, and other RAKOSELL graphics, logos, designs, page headers, button icons, scripts, and service names are our or our affiliates’ intellectual properties and may not be used, including as part of trademark and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
- The names of actual companies and products mentioned on RAKOSELL may be the intellectual properties of their respective owners.
- We will have the non-exclusive and royalty-free right and license to use the names, trademarks, service marks and logos associated with your store website to promote the Service.
- We will not own or claim any intellectual property rights over the materials that you provide to us (including feedback and suggestions) or post, upload, input or submit to us through RAKOSELL or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submissions, you are granting us, our affiliated companies and necessary sub-licensees a license, on the terms mentioned in this paragraph, to enable us and/or RAKOSELL to use your Submissions in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in any Submission you provide to us through RAKOSELL.
- By providing a Submission to us through RAKOSELL, it may be possible for a third party website or a third party person to re-post that Submission. You agree to hold us harmless for any dispute concerning any use in this manner. If you choose to display your own RAKOSELL-hosted image on another website, the image must provide a link back to its listing page on the Website.
- By posting, uploading, inputting, providing or submitting your Submissions, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
- You are welcome to provide any ideas and suggestions regarding improvement to the Services. In no event shall the provision of such feedback be subject to any obligation of confidentiality or expectation of compensation. By submitting any feedback to us (whether directly or indirectly), you waive any and all rights in it and acknowledge that we will be free to implement or modify it if desired.
- RAKOSELL users may arrange and attend in-person meetings ("Meetings") with one or more individuals through RAKOSELL. RAKOSELL users are solely responsible for interactions with others. Users must comply with these Terms and our policies and acknowledge and agree to comply with all applicable laws during the course of the Meeting. We are not involved with Meetings arranged between different users of RAKOSELL.
- We do not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users understand that we take steps to verify the identity of a user but does not in any way screen or perform background checks on its users. All users agree to and acknowledge that they bear all risk in electing to attend Meetings, which take place both online and offline.
LINKS TO THIRD PARTY WEBSITES / THIRD PARTY SERVICES
- In these Terms, any website referenced or linked to the Website is defined as "Linked Website". Linked Websites are not under our control and we are not responsible for the content of any Linked Website including, without limitation, any link contained in a Linked Website, or any changes or updates to a Linked Website. We are not responsible for webcasting or any other form of transmission received from any Linked Website. We are providing these links to you only as a convenience, and the inclusion of any link does not mean we endorse the site or have any association with its operators. The reference to or links to third-party websites or third party services does not constitute and will not be construed as constituting, an endorsement, authorization, sponsorship, affiliation by or with us or RAKOSELL with respect to such third party websites or services. These Terms do not cover your interaction with Linked Websites or any other third party sites or services.
- If you choose to use third-party services, you also agree to be bound by the additional service-specific terms applicable to such services. Any use by you of third party services offered or recommended through RAKOSELL is entirely at your own risk and discretion, and it is your responsibility to carefully review the terms and conditions and privacy policies of any third party services. We do not provide any warranties or make any representations with respect to third party services.
- You hereby agree to indemnify and hold us and our shareholders, subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of third-party services or your relationship with a third-party service provider.
- If you enable or install any third-party service for use with the Services, you grant us permission to allow the applicable third party service provider to access your data and take other actions as required for the interoperation of the third party service with the Services. Such transmission of data is between you and the third-party service provider.
- Certain services made available via RAKOSELL may be delivered by third parties. By using any product, service or functionality originating from the Website domain or RAKOSELL, you acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality for the Website’s users and customers.
CHANGING THESE TERMS
- We reserve the right, in our discretion, to change, amend, to add or remove any provisions in the Terms ("Amendments") under which RAKOSELL is offered at any time. We will notify you of the Amendments by email (being the primary email linked to your account) or by posting the updated Terms with the Amendments on RAKOSELL. You are advised to check the Terms from time to time for any Amendments that may impact you. By continuing the use of RAKOSELL or any of the Services following the notice of the Amendments or the posting of the updated Terms with the Amendments to RAKOSELL, you agree to be bound by the updated Terms with the Amendments. Unless otherwise specified, any Amendments will apply on the date on which the updated Terms with the Amendments are posted onto RAKOSELL. We may give prior notice of these Amendments to all fee paying members where such Amendments will result in a material reduction in the availability, benefits and features of RAKOSELL.
- Any failure by us to enforce or exercise any provision of the Terms, or any related right, will not be a waiver of that provision or right. Any rights not expressly granted in any provision of these Terms are reserved. We may provide you with notices, including those regarding changes to the Terms, by email (being the primary email linked to your account), regular mail, postings on RAKOSELL, or other reasonable means now known or developed in the future.
- A printed version of the Terms and of any notice given in electronic form, will be admissible in judicial or administrative proceedings based upon or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that the Terms and all related documents be in English.
THIRD PARTY RIGHTS
- Unless expressly provided in the Terms, a person other than us and our affiliates, RAKOSELL users or anyone accessing the Services pursuant to the Terms, a person who is not a party to the Terms has no right to enforce or to enjoy the benefit of any provision in the Terms. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferor of these Terms.
RAKOSELL CONTRACTING PARTY
- The “RAKOSELL Contracting Party” is the party with which you are entering into these Terms. Your “RAKOSELL Contracting Party”, and the governing law of these Terms and dispute resolution method for the performance of these Terms shall be determined in accordance with the following table:
Your Billing Country/Region
RAKOSELL Contracting Party
Governing Law and Dispute Resolution
Hong Kong Special Administrative Region
Swifthon Technology Consultancy Company Limited
The law of Hong Kong. The courts of Hong Kong shall have exclusive jurisdiction.
DISCLAIMER AND LIMITATION OF LIABILITY
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAWS, RAKOSELL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES.
- TO THE EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL RAKOSELL OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THESE TERMS OF SERVICE (HOWEVER ARISING INCLUDING NEGLIGENCE).
- YOUR USE OF RAKOSELL AND THE SERVICES WILL BE AT YOUR OWN RISK AND ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. WE AND/OR OUR SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH RAKOSELL MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION ON RAKOSELL. WE AND/OR OUR SUPPLIERS AND ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN RAKOSELL AT ANY TIME. INFORMATION AND OPINIONS RECEIVED VIA RAKOSELL SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
- YOU WILL NOT HOLD US RESPONSIBLE FOR OTHER LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE ("LOSS") RELATED TO YOUR USE OF ANY LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, IF THIS LOSS RELATED TO USERS' CONTENT, ACTIONS OR INACTIONS OR THEIR STATEMENTS AND REPRESENTATIONS MADE THROUGH RAKOSELL'S INSTANT MESSAGING SERVICE OR POSTED ON RAKOSELL.
- IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE USERS OF RAKOSELL, YOU RELEASE US AND RAKOSELL (AND OUR STAFF, SUBCONTRACTORS AND ALL AFFILIATED PARTIES) FROM CLAIMS, DEMANDS AND DAMAGES (ARISING DIRECTLY OR INDIRECTLY) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
- ALTHOUGH WE WILL USE OUR REASONABLE EFFORTS TO KEEP RAKOSELL AVAILABLE AND THE INFORMATION ON RAKOSELL REASONABLY ACCURATE, WE AND/OR OUR SUPPLIERS AND AFFILIATES MAKE NO REPRESENTATIONS CONDITIONS OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON RAKOSELL FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE, OUR SUPPLIERS AND/OR AFFLIATES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- GUEST USERS – YOU USE RAKOSELL AT YOUR OWN RISK. NEITHER WE NOR ANY OF OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE AGENTS, EMPLOYEES AND SUB-CONTRACTORS, SHALL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSSES OR DAMAGES WHATSOEVER OR HOWSOEVER ARISING (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, LOSS OF PROFITS, AND LOST REVENUE, WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT OR ANY OTHER LEGAL OR EQUITABLE CLAIM) DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE USE OF RAKOSELL OR THE SERVICES (WHETHER UNDER THESE TERMS OR OTHER CONTRACT OR AS A RESULT OF ANY MISREPRESENTATION, MISSTATEMENT OR TORTIOUS ACT OR OMISSION, INCLUDING NEGLIGENCE).
- FEE PAYING MEMBERS – OUR LIABILITY TO YOU IN AGGREGATE FOR ANY LOSS OR DAMAGE IS LIMITED TO DAMAGES OF AN AMOUNT EQUAL TO THE SUBSCRIPTION FEE RECEIVED BY US FOR THE SUBSCRIPTION PERIOD IN WHICH THE LIABILITY AROSE. FOR THE AVOIDANCE OF DOUBT, "OUR LIABILITY" INCLUDES THAT OF ANY COMPANY IN OUR GROUP AND OUR AND THEIR RESPECTIVE AGENTS EMPLOYEES, SUBCONTRACTORS; "YOU" INCLUDES ANY OTHER PARTY CLAIMING THROUGH YOU; "LOSS OR DAMAGE" INCLUDES ANY LOSSES, DAMAGES, COSTS OR EXPENSES WHATSOEVER OR HOWSOEVER ARISING IN CONNECTION WITH USE OF RAKOSELL, WHETHER UNDER THESE TERMS OR OTHER AGREEMENT OR AS A RESULT OF ANY MISREPRESENTATION, MISSTATEMENT OR TORTIOUS ACT OR OMISSION, INCLUDING NEGLIGENCE. THIS SECTION OF THE TERMS & CONDITIONS DOES NOT AFFECT CLAIMS RELATING TO DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE AND DOES NOT LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION.
- MULTIPLE CLAIMS WILL NOT EXPAND THE ABOVE LIMITATION.
- THESE DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS.
- YOU HEREBY AGREE TO INDEMNIFY AND HOLD US AND OUR SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR ANY RIGHTS OF A THIRD PARTY.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of RAKOSELL. Our performance of the Terms is subject to existing laws and legal process. Nothing contained in these Terms affects or prohibits our ability to comply with or respond to governmental, court and law enforcement requests or requirements relating to your use of RAKOSELL or information provided to or gathered by us with respect to such use.
- Unless otherwise specified, these Terms constitute the complete and exclusive statement of the mutual understanding between you and us with respect to RAKOSELL and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to RAKOSELL, except as otherwise provided in these Terms.
- You may not assign or otherwise transfer any rights and obligations hereunder, without our prior written consent, which we may refuse in our sole discretion. Any attempted assignment without our prior written consent shall be deemed null and void. We may assign or transfer our rights and/or obligations under the Terms at any time.
( Last updated on: March 10, 2021 )