Site Terms

Welcome to the Rappsio Site. Rappsio Pty Ltd (“Rappsio”) provides the Rappsio Site to you subject to the following terms of use (“Site Terms”). By visiting the Rappsio Site, you accept the Site Terms. Please read them carefully. In addition, when you use any current or future Rappsio services, content or other materials, you also will be subject to the Rappsio Customer Agreement or other agreement governing your use of our services (the “Agreement”).

PRIVACY

Please review our Privacy Policy, which also governs your visit to the Rappsio Site, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit the Rappsio Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Rappsio Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on the Rappsio Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Rappsio or its content suppliers and protected by international copyright law. The compilation of all content on the Rappsio Site is the exclusive property of Rappsio and protected by international copyright law. All software used on the Rappsio Site is the property of Rappsio or its software suppliers and protected by international copyright law.

LICENSE AND SITE ACCESS

Rappsio grants you a limited license to access and make personal use of the Rappsio Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Rappsio. This license does not include any resale or commercial use of the Rappsio Site or its contents; any derivative use of the Rappsio Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by Rappsio in a separate license, your right to use any software, data, documentation or other materials that you access or download through the Rappsio Site is subject to these Site Terms or, if you have a Rappsio account, the Agreement.

The Rappsio Site or any portion of the Rappsio Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Rappsio. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Rappsio without express written consent. You may not use any meta tags or any other “hidden text” utilizing Rappsio’s name or trademarks without the express written consent of Rappsio. Any unauthorized use terminates the permission or license granted by Rappsio. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Rappsio Site, so long as the link does not portray Rappsio, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Rappsio logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use the Rappsio Site, you are responsible for maintaining the confidentiality of your Rappsio 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. Rappsio reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Rappsio reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Rappsio a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Rappsio and sublicensees the right to use the name that you submit in connection with such content, if they choose.

You and third parties may be permitted to upload certain software (including machine images), data, text, audio, video, images or other content (“Third Party Content”) to community areas of the Rappsio Site. You acknowledge that (a) Rappsio has not tested or screened Third Party Content, (b) you use any Third Party Content is at your sole risk, and© Third Party Content may be subject to separate license terms as determined by the person posting such content.

You represent and warrant that you own or otherwise control all of the rights to the content, including any Third Party Content, that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Rappsio for all claims resulting from content you supply. Rappsio has the right but not the obligation to monitor and edit or remove any activity or content. Rappsio takes no responsibility and assumes no liability for any content posted by you or any third party.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE RAPPSIO SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY RAPPSIO ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. RAPPSIO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RAPPSIO SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RAPPSIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RAPPSIO DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RAPPSIO SITE; ITS SERVERS; OR E-MAIL SENT FROM RAPPSIO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RAPPSIO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE RAPPSIO SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RAPPSIO SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LAW DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAW APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting the Rappsio Site, you agree that the law of South Australia, without regard to principles of conflict of law, will govern these Site Terms and any dispute of any sort that might arise between you and Rappsio.

DISPUTES

Any dispute or claim relating in any way to your visit to the Rappsio Site or to services provided by Rappsio or through the Rappsio Site in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any South Australia, and you consent to exclusive jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies on the Rappsio Site. These policies also govern your visit to the Rappsio Site. We reserve the right to make changes to the Rappsio Site, policies, and these Site Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.