2. User ID, Password and Registration
2.1 User ID and Password has a unique way to provide security to the data submitted as it restricts the use of your account to yourself. Your Mob E-mail ID shall be your login ID to identify your account and also for all your transactions and account related activity on this website. Each user should have a unique login ID which shall be utilized to access the account.
2.2 We encourage you to choose a strong password to protect your account. It is advised that you do not share your password with anyone or write it down. Make sure that you sign out from the computer. RapiPe never, under any circumstances, asks for your account password except for logging in to the account.
2.3 As a user of this site, you agree that the information provided by you to RapiPe on registration and at all other times, including payment, will be true, accurate, current, and complete. You also agree and accept to ensure that this information is kept accurate and up-to-date at all times. If you have a reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account id, pin, password, or any credit, debit or prepaid cash card number or net banking login/ password, if applicable), then you agree to immediately notify RapiPe and indemnify RapiPe from any of the liabilities that may arise from the misuse of your account.
3. User Consent and Information Collected
3.2 The site uses any information voluntarily given by the user to enhance their experience in the network of the site so as to make the content useful for the users on the basis of their interest. At this site we want to make the experience of our users satisfying and worthwhile. The user shall post the content on the site at his/her own risk. Also please be aware that no security measures are perfect or impenetrable. The site cannot control the actions of other users with whom you may choose to share your pages and information. Therefore, the site cannot guarantee that the user content the User posts on the site will not be viewed by unauthorized persons. The site is not responsible for circumvention of any privacy settings or security measures contained on the site. User must understand and acknowledge that, even after removal, copies of user content may remain viewable in cached and archived pages or if other users have copied or stored the user content.
3.4 So as to inform the users of this site, the following may be the information/Personal Information captured:
- a. Internet provider’s domain name
- b. Route from where the visit came (i.e click stream activity)
- c. Name of the Service Provider(s) for which services are provided
- d. Service Provider Account Details
- e. Recharge of Bill amount entered by the User
- f. Personal Information like:
Name, address, phone number, email address, or company name Log-in information
Bill / Biller/Insurer information
Credit card/Debit Card/Internet Banking information IP address
3.5 Like any business interested in attracting and offering the highest quality of service to User(s), RapiPe may, from time to time, send you e-mail and other communication to tell you about various services, features, functionality and content or seek voluntary information from you. RapiPe may also, on occasion ask you to voluntarily submit information about other people. For example, you might be asked for the name and email address of people you know so we can inform them about a new service offered or such other attractive offers. This information is kept completely private and confidential. It is aggregated with that of all other users to provide us with the ability to tailor our services and content to those individuals most interested in our service and to provide them utmost satisfaction.
3.6 RapiPe may also collect information during the conduct of contests, schemes, surveys, games etc from time to time. Such information collected through the aforesaid ways may be used in connection with the administration of the applicable promotion, including for selection and notification of contest winners and for creation of new promotions, and/or to publish survey results in aggregate on the site etc. You can decide not to participate in the promotion, if you don’t want your data to be shared. We may also employ other companies and individuals to perform certain services/activities on behalf of RapiPe, such as conducting promotion activities, conduction surveys, researches, providing marketing assistance, analyzing data etc. Such companies and individuals will have access to the information / personal information collected which are necessary to perform their services, but will not be permitted to use it for any other purpose apart from the activities permitted by RapiPe.
3.7 Mail confirming your transactions or any changes to your account information will be sent as per the relevant policy and with a view to enhance the security of the service offering. In respect of other information or services sent to your email address, we will continue to provide these until you ask us to stop (by using the “unsubscribe” instructions provided on each email and/or the Web site where you signed up and/or as we otherwise provide), or until the information or service is no longer available. We will not use your email address or other information to provide you with any unsolicited message or information (unless the message or information is part of the service you are requesting).
4. Third Party Sites/ Links, Products and Services
5. Billing and Payment
RapiPe shall provide a detailed billing summary in the format of its choice, which may change from time to time. This summary may be found by logging into your account (if you have registered and created an account) on the site. All charges will be automatically placed to your credit card, debit card, prepaid cash card, or net banking account for the amount of recharge successfully purchased at the time of purchase. No additional notice or consent will be required for charging the service fee to your credit card, debit card, prepaid cash card or net banking account.
6.2 The site operates security and networks protected by the password protection systems. The security and the policies are reviewed periodically and enhanced as necessary and only the authorized individuals have access to the information provided by the users.
6.3 The site has physical, electronic, and procedural safeguards to protect personal information about user and his/her account information is protected by a password selected by the user. The site uses industry-standard (Secure Socket Layer) SSL encryption in certain areas of the website to protect data transmissions. Our security standards are certified by VeriSign Authentication Services, the world’s leading authority on internet and information security However, no site can fully eliminate security risks associated with personal information.
7. Termination (Agreement Violations)
You agree that RapiPe, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. RapiPe may also in its sole discretion and at any time discontinue providing access to the services, or any part thereof, with or without notice. You agree that any termination of your access to the services or portion thereof may be effected without prior notice, and that RapiPe will not be held liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies RapiPe may have at law or in equity. Upon termination for any reason, you hereby agree to immediately stop using the services.
8. Limitation of Liability and Damages
In no event will RapiPe or its Directors, employees, contractors, agents, licensors, partners, or suppliers be liable to you for any special, indirect, incidental, consequential, punitive or exemplary damages (including but without limitation to loss of business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites, even if RapiPe or a RapiPe authorized representative has been advised of the possibility of such damages. You acknowledge and agree that RapiPe has offered the products and services, set its prices, on behalf of the Service Providers and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty, disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and RapiPe, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and RapiPe. RapiPe would not be able to provide the services to you on an economically reasonable basis without these limitations. RapiPe shall not be liable to the user or in any manner whatsoever. This paragraph shall survive termination of this Agreement.
Notwithstanding contained elsewhere in this policy, you agree to indemnify, save, and hold RapiPe, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including but without limitation to legal fees and expenses arising out of or related to your use or misuse of the services or of the site, caused by any violation made by you or any breach of the representations, warranties, and covenants made by you herein, as a part of this policy. RapiPe reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify RapiPe, including rights to settle, and you hereby agree to co-operate with RapiPe as defense along with settlement of these claims. RapiPe shall use reasona zble efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this agreement.
10. Disclaimer (No Warranties)
To the fullest extent permissible pursuant to applicable law, RapiPe and its third-party partners, licensors, Service Providers and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from RapiPe or through the services or the site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term ” RapiPe” includes RapiPe’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that RapiPe is a reseller and is not liable for any third party obligations due to rates, quality, and all other instances, whether to any such subscribers or otherwise. You expressly agree that use of the services and the site is at your sole risk. It’s your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advices, services, merchandise and other information provided through the site or on the internet generally. We do not warrant that the services will be uninterrupted or error-free or that defects in the site will be corrected immediately. The services and the site and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is, as available and with all faults” basis and without warranties or representations of any kind either express or implied. RapiPe, and its third party suppliers and/or Service Providers, licensors, and partners do not warrant that the data, RapiPe software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. RapiPe and its third party suppliers, licensors, Service Providers and partners do not warrant or make any representations regarding the use and/ or the results of the use of the services, the site or any reference sites in terms of correctness, accuracy, reliability, or otherwise. You hereby understand and agree that your use, access, download, or otherwise obtaining information, materials, or data through the services, the site or any reference sites is at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this agreement. In no event will RapiPe be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site.
11. Merger, Acquisition and Termination of Service
In case of any merger or acquisition, if a third party acquires all or substantially all of our assets, your personal information, aggregated information, and any other information that we have collected on RapiPe web site may be transferred to such third party as part of our business assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered one of our assets and may be sold or transferred to third parties.
12. Ownership (Proprietary Rights)
The site are owned and operated by RapiPe and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the services and the site provided by RapiPe (the “Materials”) are protected by Copyright, Patents, and Trademark laws, international conventions, and under all other relevant intellectual property and proprietary rights, and applicable laws. As between you and RapiPe, all materials, trademarks, service marks, and trade names contained on the site are the property of RapiPe and/or third party licensors or suppliers or Service Providers, you agree not to remove, obscure, or alter RapiPe or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the services. Except as expressly authorized by RapiPe, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the materials. RapiPe reserves all rights not expressly granted in this Agreement. If you have comments regarding the services and the site or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to RapiPe, and shall assign to RapiPe, all rights, titles and interests in and to all ideas and suggestions and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
13. Modification of this Agreement
RapiPe reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification on the RapiPe website (www.rapipe.com) or otherwise communicating the notification to you on your registered E-mail or some other modes of communication. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services.
RapiPe may provide you with notices and communications by E-mail, regular mails or postings on the RapiPe website (www.rapipe.com) or by any other reasonable means. Except as otherwise set forth herein, notice to RapiPe must be sent by registered mail to email@example.com or Courier to KGN Techno Private Limited, 105/9, 2nd Floor, Shil Colony, Dumdum Road, Kolkata – 700074
The failure of RapiPe to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if it’s in writing and duly signed by RapiPe.
RapiPe may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other third party. The arbitration shall be conducted in Kolkata, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Kolkata, India, which may be necessary to protect the rights or the property of you or RapiPe (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and nor you or we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and RapiPe. In all arbitrations, each party will bear the expense of its own lawyers and for the related preparations. The arbitrator shall be appointed by RapiPe. The language of arbitration shall be English.
17. Governing Law and Forum for Disputes
Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against RapiPe must be resolved by a court located in Kolkata, India. You agree to submit to the personal jurisdiction of the courts located within Kolkata, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.
If any provision of this Agreement/policy is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this policy to the minimum extent required, and the remaining provisions will remain valid and enforceable.
This Agreement/policy, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
Upon termination of this Agreement/policy, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only and do not constitute a part of these terms and conditions, and will not be deemed to limit or affect any of the provisions hereof.
22. Opt-out policy
The site gives users wherever necessary and practical such choices which include:
- Opting not to register to receive the electronic newsletters.
- Opting not to participate in certain interactive area that completely alleviates the need to gather any personally identifiable information of the users.
23. Customer Service and Recourse receipt
Please note that whenever you submit any information to us in connection with any services related to the RapiPe site, you consent to let us process this information as necessary to provide the services in which you are participating.