The following are the terms and conditions on which Rapid-Teks Pty Ltd. (“RapidTeks”,” “We”, “Our” and “Us”) offers any person or entity that accesses Our Website (“You”). We reserve the right to revise these terms and conditions at any time by posting an updated version on Our Website. You are responsible for regularly reviewing these terms and conditions and continued use of Our Website will constitute Your acceptance of such revised terms and conditions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION APPLICABLE TO THESE TERMS AND CONDITIONS AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING OUR WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN RESPECT OF THE USE OF OUR WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE OUR WEBSITE.
If You accept or agree to these terms and conditions on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind that company or other legal entity to these terms and conditions and, in such event, “You” and “Your” will refer and apply to that company or other legal entity. You and RapidTeks may each be referred to as “Party” and together as “Parties”.
These are the agreed terms:
“Content” means the textual, visual or aural content that is encountered as part of Your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by You.
“Intellectual Property” means intellectual property owned by Us, of every sort, whether or not registered or registrable in any country, including any inventions, improvements or discoveries created or developed by Us, and also includes patents, registered designs, copyright, database right, design right, trademark, application to register any of the aforementioned rights, trade secret, processes, programs, schematics, right in unpatented know-how or right of confidence in any other intellectual or industrial property right of any nature whatsoever in any part of the world already in the possession of RapidTeks including without limitation this Website and the TransVirtual Transport Management Platform.
“Our Website” means any website, mobile application or service designed for electronic access by mobile or fixed devices which is owned or operated by Us and includes all web pages controlled by Us.
“Post” means to place on, or into, Our Website any Content or material of any sort and by any means.
“Visitor” means anyone who visits Our Website.
In these terms and conditions (unless the context otherwise requires):
- a reference to a person includes a human individual, a corporate entity and any organization which is managed or controlled as a unit;
- a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organization involving that person;
- the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation; and
- any agreement by either Party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
3. Your account and personal information
In terms of the use of the Website:
- All information You provide to RapidTeks will be true, accurate, current, and complete when suing the Website.
- You will be responsible for all activities that occur under Your password and, accordingly, You should keep Your password confidential.
- You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password.
- If You have reason to believe that Your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit, or charge card number), You will immediately notify Us.
- You will be liable for the losses incurred by Us or others due to any unauthorized use of Your account.
You are further fully responsible for any use of, and Content from, Our Website accessed by Your clients when you set up a sub-account for them and allow them access to a portion of Your account. You agree to hold RapidTeks harmless against any third-party claims arising out of the creation and use of such “sub-accounts”. You acknowledge and agree that You are solely responsible for what Content and information is available to, and accessible by, each of Your clients including whose data they have access to.
4. How we handle your Content
5. Restrictions on what you may Post to Our Website
You are able to Post Content to Our Website in several ways and for different purposes. We have to regulate Your use of Our Website to protect our business and Our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but We do protect Our business vigorously. If We believe Content Posted breaches the law, We will co-operate fully with the law enforcement authorities in whatever way We can.
You agree that You will not use, or allow anyone else to use, Our Website to Post Content or undertake any activity that breaches these terms and conditions. Particularly, you agree that You will not contribute any data, Content or user submission or otherwise use or interact with the Website in a manner that:
- infringes or violates the Intellectual Property rights or any other rights of anyone else;
- is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- jeopardises the security of Your account or anyone else’s, such as allowing someone else to use Your user name or password to access the Website (except on Your behalf);
- violates the security of any computer network, or wrongfully obtains any passwords or security information;
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of, or relating to, the Website or Content (through use of manual or automated means) or copies any significant portion of the Website or Content;
- decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Website;
- will be used to sell any goods or services or for any other commercial use not intended by Us, for Yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
- includes anything other than words (i.e. You will not include any symbols or photographs) except for a photograph of Yourself in Your profile in such place as We designate; and/or
- facilitates the provision of unauthorised copies of another person’s copyright work.
Additionally, You will not:
- link to any of the material specified in this paragraph;
- Post excessive or repeated off-topic messages to any forum or group; and/or
- send age-inappropriate communications or Content to anyone under the age of 18
A Post must not contain:
- hyperlinks, other than those specifically authorised by RapidTeks;
- keywords or words repeated, which are irrelevant to the Content Posted;
- the name, logo or trademark of any organization other than that of You or Your client; and/or
- inaccurate, false, or misleading information.
In connection with the restrictions set out above, We may refuse or edit or remove a Post which does not comply with these terms and conditions (in whole or in part).
6. Removal of offensive Content
- For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
- We are under no obligation to monitor or record the activity of any customer for any purpose, nor do We assume any responsibility to monitor or police Internet-related activities. However, We may do so without notice to You and without giving You a reason.
- If You are offended by any Content, the following procedure applies:
- Your claim or complaint must be submitted to Us in the ‘contact Us’ form available on Our Website.
- After We receive notice of a claim or complaint, We shall investigate in Our sole discretion;
- We may remove the offending Content as We deem necessary and as soon as We are reasonably able; and/or
- We may or may not re-instate the Content about which You have complained.
- In respect of any complaint made by You or any person on Your behalf, whether using Our form/method of complaint or not, You now irrevocably grant to Us a license to publish the complaint and all ensuing correspondence and communication, without limitations.
- You now agree that if any complaint is made by You frivolously, You will repay Us the cost of Our investigation including legal fees, if any.
7. Grant of License
RapidTeks grants to You:
- a non-exclusive, non-transferable, personal, right and license to access and use Our Website; and
- a non-exclusive, worldwide, and perpetual license to perform, display, and use its Website on any mobile device.
Nothing in these terms and conditions confers on You any right of ownership in the Our software including any derivative works or improvements based on Content You Post on Our Website.
By Posting any Content on Our Website, You expressly grant and You represent and warrant that You have the right to grant to RapidTeks a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, publicly perform, publicly display and make derivative works of all such Content, in whole or in part, in any form, media or technology whether known or hereafter developed, for use in connection with the Website.
8. Security of Our Website
If You violate Our Website, We may take legal action against You. Furthermore, You agree that You will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it;
- link to Our Website in any way that would cause the appearance or presentation of the Website to be different from what would be seen by a user who accessed the Website by typing the URL into a standard browser;
- download any part of Our Website, without Our express written consent;
- collect or use any product listings, descriptions, or prices from Our Website;
- collect or use any information obtained from or about Our Website or the Content except as intended by these terms and conditions;
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by these terms and conditions or as is reasonably necessary for Your use of the Website;
- share with a third party any login credentials to Our Website.
- Due Authorisation. You warrant that You have the right to provide the Content and material You Post.
- Each Party warrants that it will comply with applicable law.
DISCLAIMERS. THIS WEBSITE IS PROVIDED AS-IS WITHOUT ANY WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND RAPIDTEKS, ITS AFFILIATES AND LICENSORS HEREBY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUALITY OR ACCURACY OF THE WEBSITE. NEITHER RAPIDTEKS, NOR ITS AFFILIATES OR SUBCONTRACTORS MAKE ANY WARRANTIES OR REPRESENTATIONS THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR WILL PERFORM IN A CERTAIN WAY. IN NO EVENT WILL RAPIDTEKS, ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF RELIANCE ON THE WEBSITE OR ANY RESULTS OBTAINED FROM THEIR USE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You will defend, indemnify and hold RapidTeks, its affiliates and their respective directors, shareholders and employees harmless against any loss, damage or costs (including reasonable attorneys’ fees) incurred in connection with claims made or brought against RapidTeks by a third party relating to: (i) the breach by You of any of these terms and conditions or Your representations or warranties in these terms and conditions; (ii) Your failure to comply with applicable law; (iii) any act, neglect or default by any agent, employee, licensee or customer of Yours; (iv) a contractual claim arising from Your use of the Website; (v) a breach of Our Intellectual Property rights; and (vi) access to Your account or any sub-accounts You create by Your clients or authorized third parties.
12. Limitation of liability
EXCEPT FOR YOUR INDEMNIFICATION OBLIGATIONS IN THESE TERMS AND CONDITIONS, UNDER NO CIRCUMSTANCES WILL RAPIDTEKS, YOU, OR ANY AFFILIATE BE LIABLE TO ANOTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING FROM THESE TERMS, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. IN NO EVENT WILL RAPIDTEKS’ TOTAL LIABILITY UNDER THESE TERMS EXCEED THE AMOUNT OF FEES PAID BY YOU TO RAPIDTEKS DURING THE 1 MONTH PERIOD PRECEDING THE ACTION. FURTHER, NEITHER RAPIDTEKS NOR ITS AFFILIATES OR SUBCONTRACTORS WILL BE LIABLE FOR ANY LOSS OF YOUR DATA OR ANY INTERRUPTION OF THE SERVICES FOR ANY CAUSE. THIS LIMITATION IS A FAIR ALLOCATION OF RISK.
13. Uploading to Our servers
- You represent and warrant that You have the full authority and right (including but not limited to Intellectual Property rights) to use and Post any material or Content that You Post to Our Website.
- You must not upload to, or store on Our servers any material or Content which You are not permitted by these terms and conditions to Post to Our Website.
- You may not share, rent or sub-license space on the servers.
- You may not upload to any shared server, any of the following pages, namely those:
- pages with banners, graphics or CGI scripts running from their domain being used on other domains. (e.g., hot-linking, image-sucking, load-spreading);
- pages with very large graphic archives or galleries;
- pages offering download archives or large media distribution (>1GB), such as .zip, .tar, .sit, .ra, .avi, .mov, .asf and .GZ;
- pages running large or busy chat rooms; and
- pages Using more than 1% of system resources.
- You may not send more than 500 email messages per hour.
- You may not send more than 5000 exports per hour.
- Your access to Our Website may be withdrawn/terminated upon either party giving the other party 7 days notice in writing, by post (to the last known land address) or by e-mail (to the last known e-mail address), to that party.
- RapidTeks may immediately, without notice, withdraw and terminate Your access to the Website if: (i) You have materially breached these terms and conditions or Our policies, including, but not limited to, any breach of these terms and conditions; (ii) You have provided inaccurate, fraudulent, outdated or incomplete information; (iii) You have violated applicable laws, regulations or third party rights, or (iv) RapidTeks believes in good faith that such action is reasonably necessary to protect the safety or property of other customers, RapidTeks or third parties, for fraud prevention, risk assessment, security or investigation purposes.
- Any termination of this agreement by this paragraph shall be without prejudice to any other rights or remedies to which a Party may be entitled.
- Termination by either party shall have the following effects:
- Your right to use the Website immediately ceases; and
- we are under no obligation to forward any unread or unsent messages to You or any third party.
- There shall be no re-imbursement or credit if We decide in Our absolute discretion that You have failed to comply with any of these terms and conditions.
- If You or We terminate these terms and conditions, the clauses of these terms and conditions (including all warranties, indemnities and limitations of liability provided by You) that reasonably should survive termination of these terms and conditions will remain in effect for 5 years from the date of termination.
15. Interruption or Modifications to Website
- You acknowledge that the Website (and Your access to the Website) may be interrupted and/or the appearance of Our Website changed without notice.
- You agree that We are not liable to You for any loss, foreseeable or not, arising from any interruption to the Website.
16. Intellectual Property
You agree that at all times You will:
- not to cause or permit anything which may damage or endanger Our title to Our Intellectual Property.
- notify Us of any suspected infringement of Our Intellectual Property rights;
- indemnify Us for any loss or expense arising from Your misuse of the Intellectual Property;
- on the expiry or termination of these terms and conditions, immediately stop Using the Intellectual Property except as expressly authorised by Us in writing;
- not use any name or mark similar to, or capable of being confused with, any name or mark of Ours;
- so far as concerns software provided or made accessible by Us to You, You will not:
- copy, or make any change to any part of its code;
- use it in any way not anticipated by these terms and conditions;
- give access to it to any other person;
- in any way provide any information about it to any other person or generally; and
- not use the Intellectual Property except as directly in Our interest and to Our benefit.
17. Bandwidth and data storage
- You agree that bandwidth and storage requirement shall not exceed a ‘fair use’.
- If Your bandwidth and storage requirement exceeds a ‘fair use’ amount We may in Our discretion:
- charge a ‘fair’ price for the additional Usage You have used, such charges to be paid within 30 days of the invoice date; or
- if in Our opinion, Your Usage puts at risk the continued provision of the Website to other customers, We may limit the access to the Website that We provide to You. We may not be able to give You notice of this.
- We assume no responsibility for the deletion or failure to store or deliver email or other messages.
- We may, from time to time change a limit on the number of messages (or data) You may send, store, or receive through the Website. We may delete messages (or data) in excess of that limit. We shall give You notice of any change to Your limit, except in an emergency
- You accept that We cannot be liable to You for any such deletion (of messages or raw data) or failure to deliver (or notify) to You.
- We maintain reasonable procedures for general backup of data for Our own purposes but We give no warranty that Your data will be saved or backed up in any particular circumstances unless We have made specific contractual arrangements with You in writing.
- Various data will be automatically removed and will not be stored forever. Examples of such data, and not limited to, is GPS location data. You will not be notified when this happens as it is a continues process to assist in the performance of Our systems.
The Website may contain links to third-party websites or resources. You acknowledge and agree that RapidTeks is not responsible or liable for: (i) the availability or accuracy of such Websites or resources; or (ii) the content, products, or services on or available from such Websites or resources.
Links to such Websites or resources do not imply any endorsement by RapidTeks of such Websites or resources or the content, products, or services available from such Websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such Websites or resources or the Content, products or services on or available from such Websites or resources.
The copyright for the content on this website is owned or licensed by RapidTeks and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of RapidTeks.
All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of RapidTeks.
20. Miscellaneous Provisions
- Entire Agreement: These terms and conditions constitute the entire and exclusive understanding and agreement between RapidTeks and You regarding the use of this Website, and these terms and conditions supersede and replace any and all prior oral or written understandings or agreements between RapidTeks and You regarding access to, and use of, this Website.
- Communication: All notices, requests, and other communications will be sent to Your email address provided by You, and if to RapidTeks to: email@example.com or to any other addresses as either Party may specify to the other in writing. Notice is made when received.
- Governing Law: These terms and conditions are governed by and construed under the laws of New South Wales. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and any courts which have jurisdiction to hear appeals from any of those courts in respect of any proceedings in connection with these terms and conditions.
- Limited Relationship: Nothing in these terms and conditions shall be construed to create a partnership, joint venture or agency relationship between You and RapidTeks.
- Severability: If any provision or part of a provision in these terms and conditions is illegal, invalid, or unenforceable by a court or other decision-making authority, then the remainder of the provision will be enforced, and the validity of all other provisions in these terms and conditions will not be affected or impaired.
- No Waiver: Waiver of any one default will not waive subsequent defaults of the same or different kind, and no failure or delay of either party to exercise or enforce any of its rights under these terms and conditions will act as a waiver of those rights.
- Modification: RapidTeks reserves the right, at its sole discretion, to modify the these terms and conditions at any time and without prior notice. If We modify these terms and conditions, We will post the modification on Our Website. We will also update the “Last Updated” date at the bottom of these terms and conditions. Changes to the terms and conditions will be effective at the time of posting. Your continued access or use of the Website will constitute acceptance of the modified terms and conditions.
These Website terms and conditions were last updated on 15 April 2021.