Terms and Conditions of Use

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Terms and Conditions of Use

Terms and Conditions of Use

Updated 03/03/2020

The following user terms and conditions (hereinafter cited as the "User”) apply to any user on RAPPS Reviews Platforms or platform (hereinafter cited "Platform").

The Platform is supplied by Craps Australia Pty Ltd (Consumers Repelling Against Poor Service) and its subsidiary business RAPPS Reviews (Reviews About Products Performance and Services) ABN: 88 625 429 138. Abiding at Petrie Terrace Brisbane Queensland 4000 AUSTRALIA. Email: admin@rappsreviews.com In these User Terms, the words "we", "us" and "ours" refer to RAPPS Reviews.

These Terms written for the User are deemed to incorporate all operating guidelines, rules, and policies that are referred to hereafter or that may otherwise be published on our Platform and may be amended from time to time).

By using the Platform, you accept to be subject to the User Terms, including the User Guidelines. If you do not accept these User Terms, you are kindly requested not to use the Platform any further. The registration as a user requires your express acceptance of these User Terms.

Platform Services

1. Registered User

1.1 In order to gain full access to use the Platform, you must create a profile and register as a user (hereinafter referred to as "User")

1.2 You must be 16 years of age or older in order to become a User.

1.3 You are only allowed to register ONE (1) profile per person on the Platform. The profile is personal, and you must not transfer it to others.

1.4 In order to become a User, you need to provide your own password, which must be used with your email address when logging on to the Platform. RAPPS does not generate a password for you. You must not transfer it or make it available to others or fall into the hands of a third party. If you become aware that the password is or may have been compromised, you are obligated to login and change your password. RAPPS can and will change the password if there is a risk that the password has been compromised or is used in violation of the User Terms.

1.5 During the registration process, you must choose a username. The username will be shown on the Platform whenever you write or comment on reviews or produce user-generated content (see 2.1 below) on the Platform. Therefore, you must consider whether you wish to use a username from which you can be identified by others.

The username must not:

  1. Be offensive or in other ways insulting.
  2. Contain the terms "Guest", "Admin", ".dk", ".com", etc. or
  3. Contain characteristics which belong to a third party, including names of famous persons, or names that you have no right to use or infringe on any other persons or Businesses rights.
  4. Violate intellectual property rights, belong to any third party including any upload a profile photo and you confirm that you have all title and rights to use the picture or image.

1.6 We are entitled at any time, and will without notice and without prejudice, change, delete, or suspend your profile if you violate these User terms or other Platform policies or common laws. Upon the deletion of your profile, you will no longer be able to access to the Platform, and we reserve the right to delete the user-generated content (see 2.1) you created on the Platform.

1.7 Additionally, we reserve the right, without notice or explanation, to delete your profile and user-generated content (see 2.1). In this case, our disclaimer applies devoid of limitations.

1.8 Unregistered users are not permitted to access or attempt to access any pars of the Platform requiring registration if you are not a Registered User.

2. User-Generated Content from Registered Users

2.1 As permitted by law, the rights of all and any material, notifications, information, reviews, blog articles including other communication types (including all intellectual property rights) are hereinafter referred to as "User Content" created on the Platform by Users become the property of RAPPS Reviews for its non-exclusive use. You will not be compensated in any form whatsoever for what you post freely to the Platform.

2.2 Users are liable for the content they publish on and to the Platform.

2.3 Users guarantee that all posted content on the Platform is true and correct and posted in conjunction with the RAPPS Reviews RULES WHEN POSTING REVIEWS (where only facts are stated) or sincerely held (where they state opinions). (see 2.5)

2.4 The rules regarding what Registered Users may write about are regulated in the User Guidelines.

2.5 Registered Users must not publish content on the Platform which;

  • Is offensive language, (RAPPS will amend your review accordingly),
  • Make false statements or claims where you may be required to defend your statements in a court of law,
  • Use people’s names; only use the salesperson, call centre staff etc. (It is not about the individual; it is about letting the business know there is a problem),
  • Attempt to threaten or bully a business (RAPPS will amend your review accordingly),
  • Place your personal contact details in your review, only communicate through the platform – this is for your safety,
  • Use unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libellous, defamatory, obscene, profane or pornographic or, has sexist, political or racial character,
  • Breaches other people's and intellectual property rights,
  • Violates these User Terms,
  • Promotes unlawful purposes,
  • Content that is technically damaging: including computer viruses, attachment of logic bombs, worms, Trojan horses, harmful components, corrupted data or other malicious software, harmful data or conduct).

 

2.6 Providers of content are liable that all content is lawful and compliant with these User Terms. Upon the receipt by RAPPS of any notice or “we” become aware any content violates current legislation and/or the User Terms, we may after assessment of the content, without notice, and dependent on the nature of the stated violation, at our discretion inform the sullied party including the authorities of the stated violation.

Our right to remove any content will not be subject to the provision of an explanation, however, the User will be informed about the deletion.

2.7 The User hereby allows RAPPS to initiate legal action which we deem necessary in the case of a contravention of this User's content if so warranted.

2.8 The User indemnifies RAPPS against all and all claims which may be made against the Platform as a direct or indirect consequence of the User's violation of these User Terms and Conditions or breaches of Australian legislation. The User must indemnify and hold RAPPS harmless for any claim or loss by a third-party claim as a direct or indirect result from the content posted or stated by a User.

2.9 We may at any time request information about the content posted by the User, including supporting documentation including proof of purchase and or interaction details (date, time, place, information, and person pertaining entered by the User.

The User must document only their actual buying or service experience in an actual customer relation to the company to which the review content relates too.

General terms

3. User & Business Rights

3.1 All content on the Platform, comprising of but not limited to intellectual property rights, characteristics, text, graphics, icons, photos, references and software, will always be the property of RAPPS Reviews or third party owner (other than the User) and is protected by Australian Law, All content, feedback, suggestions, ideas you provide regarding the RAPPS Platform or it’s offered services relating to the Platform we are free to fully use at our discretion on platforms like Instagram, Twitter, LinkedIn, Facebook e.c.t.

3.2 Unsanctioned duplicating, distribution, presentation or other use of the Platform or part thereof is a breach of Australian Law other international legislation and will result in civil and or criminal consequences.

3.3 All content is transferred to RAPPS Reviews permanently, without the time and regional restraints.

3.4 Downloading and other digital copying of the content on the Platform or parts thereof is not permitted for commercial use unless otherwise agreed with us in writing.

3.5 All company names, brands, logos and business characteristics on the Platform are or will be become the property of RAPPS Reviews or approved third party (other than the User).

4. Personal and Business data

4.1 RAPPS Reviews perform various types of processing of data in connection with the use of the Platform. Our processing of personal data takes place in line with our Privacy Policy, and Australian Laws.

By accepting these User Terms, you confirm to have read and accepted our Privacy Policy.

5. Disclaimer and indemnification

5.1 The RAPPS Reviews Platform, content and services are offered 'as is', and no warranty is offered in respect to content or accuracy of the Platform and RAPPS Reviews or associates shall be held liable for our own or others' removal, blockage or actions considered necessary for User content or registered accounts. We may, at our discretion and without any liability, delete any content or account on the Platform.

RAPPS Reviews or associates expressly reject all conditions, warranties and other terms that might be implied by statute, common law or the law of equity.

5.2 We shall examine, and monitor User content published on the Platform. Notwithstanding the foregoing, we may at all times investigate and edit (including changing) User content fails to meet our terms & conditions, are prompted by third party request, found to breach applicable laws.

5.3 The Platform is not liable for the content of User’s content. Our non-liability applies to any User Content, including content edited by RAPPS Reviews (see 5.2). RAPPS is not liable for links to third-party Platforms in the User, including the content of the page to which the User content links.

5.4 User’s suggestions, assessments, remarks, or observations etc. of specific Products, performance and or Services of companies and online e-businesses, etc. on the Platform are only guidelines. RAPPS Reviews is in no way case liable for the content of the Platform. And is with respect to the opinion and sole responsibility of the Users. RAPPS Reviews will not be held liable for the availability of the Platform.

5.5 RAPPS Reviews and associates is not case liable for damages for the use of the Platform, including loss of profits, contracts, turnover, business, business opportunity, loss or corruption of data or recovery of data, goodwill, security breach resulting from a failure of third party telecommunications and/or the internet, anticipated savings or revenue (regardless of whether any of these are direct, indirect or consequential), any loss or damage arising in connection with liabilities to third parties (whether direct, indirect or consequential), or any indirect or consequential loss or damage whatsoever.

5.6 Nothing in the User terms & conditions excludes or limits our liability for death or personal injury arising from negligence, nor liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

6. Other User Terms

6.1 We may at any time and without notice revise or change these User Terms or, in our own discretion and without notice, close, change or reorganise the Platform. As a User (Personal or Business), you accept that you are covered by these User terms & conditions. Any revision or change to these User terms & conditions will be stated on the Platform. The Users agrees to continued use of the Platform after any posted modified versions of the User terms & conditions is an acceptance of the modified User terms & conditions.

7. Term and termination

7.1 We may terminate your right to gain access to the Platform and use of the services offered on the Platform at any time for any reason without liability. If we do so, or if you elect to delete your profile, any rights granted to you herein will immediately cease. Section 2-8 will survive any termination of the User Terms.

8. Applicable law and venue

8.1 The User Terms are subject to Danish law, and, unless otherwise stated, the general rules of Danish law apply in all relations between us and the Registered Users and the users of the Platform. Any disputes must be brought before the court of Trustpilot's Danish jurisdiction unless this violates the mandatory jurisdiction rules.