1.1 The Rapid Global Pty Ltd ACN 161 913 882 (Rapid Global) website (www.rapidglobal.com) (Site), and all material on the Site (Material), is owned and operated by Rapid Global.
1.2 In these terms Australian Consumer Law means the law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
1.3 You agree to be bound by these Terms by accessing, browsing, opening or otherwise using any part of the Site. You acknowledge that you have had sufficient opportunity to read and understand the Terms and that you have the requisite authority and legal capacity to enter into these Terms. These Terms are in addition to the Trading Terms and any other document executed by you and Rapid Global. To the extent of any inconsistency, the terms of the Trading Terms or the executed document shall prevail over these Terms. If you do not agree to be bound by these Terms, please immediately discontinue your use of the Site.
1.4 Rapid Global may amend these Terms from time to time without notice. Any amendment will be effective immediately upon being posted on this Site. Your continued use of this Site after any amendment becomes effective will constitute your agreement to be bound by the amended Terms.
1.5 While Rapid Global has made every effort to ensure the accuracy and currency of this Site and the Material, it is subject to change and there may be inaccuracies, errors and omissions.
1.6 Rapid Global reserves the right to vary or modify the Material contained on this Site and to change or discontinue any function of (or accessibility to) this Site, without notice.
1.7 You must take your own precautions to ensure that whatever you select for use from this Site is free from viruses or anything else that may interfere with or damage the operation of your computer system.
2.1 Rapid Global may automatically record details about any computer used to access the Site (including the IP address, domain name and browser time), the date and time of access and details of the information downloaded. If collected, this information will only be used for internal statistical purposes and to improve this Site.
3.1 If you are issued a Username and Password you are responsible for maintaining the confidentiality and security of that information. You are responsible for any and all activities on this Site which occurs under your Username.
3.2 Your Username, and non-exclusive licence to use this Site, is non-transferable (Membership).
3.3 Rapid Global may terminate your Membership at any time without notice to you. You may terminate your Membership by written notice to Rapid Global.
3.4 You must take due care to protect the copyright of the Site and Material and other intellectual property rights relating to the Site and Material and must protect any confidential information from unauthorised use, copying, publication or distribution.
4. LINKS TO OR FROM OTHER SITES
4.1 For your convenience, the Site may contain links to other third-party websites. Rapid Global has no control over, and makes no representation or warranty as to, the accuracy or any other aspect of the information on any linked sites.
4.2 No link to another website is to be construed as an endorsement by, or recommendation of, Rapid Global in respect of any information, goods or services.
4.3 You must not create or maintain any link from another website to this Site without Rapid Global’s prior written consent.
5. INTELLECTUAL PROPERTY
5.1 © Copyright – Rapid Global™. All rights reserved.
5.2 Unless otherwise indicated, Rapid Global reserves all copyright and other intellectual property rights in the content, graphics, coding and design of the Site and Material.
5.3 Rapid Global grants you a limited non-exclusive, non-transferable licence to use the Site and Material for your own personal, or internal business purpose or any other written purpose for which your Membership has been granted.
5.4 You may not use, copy, modify, transmit, store, publish or distribute the contents of the Site or Material for any purpose other than the purposes set out in clause 5.3.
5.5 Subject to clause 5.3, no licence is to be implied by virtue of these Terms.
5.6 Rapid Global reserves all rights in relation to the Rapid Global trademark. Other products and company names referred to on this Site may be owned by third parties.
5.7 The websites, products, information, technologies and process contained or referred to in this Site may be the subject of other intellectual property rights owned by Rapid Global or third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms.
6. LIMITATION OF LIABILITY
6.1 To the full extent permitted by law, Rapid Global excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
6.2 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, guarantees, conditions or obligations (including the Australian Consumer Law). If such legislation applies, to the extent possible, Rapid Global limits its liability in respect of any claim to, at Rapid Global’s option:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of having the goods repaired, and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
6.3 Rapid Global’s total aggregate liability for all claims relating to these Terms is limited to the amount fees paid to Rapid Global under the Trading Terms.
6.4 To the full extent permitted by law, Rapid Global excludes all liability in respect of loss of data, interruption of business or any consequential or incidental damages, even to the extent that such loss or liability is caused by Rapid Global’s negligence.
7. ASSUMPTION OF RISK
7.1 You acknowledge and agree that:
(a) the Site and Material may have inherent defects, errors or deficiencies;
(b) you will use the Site and Material and any advice, opinions or information supplied by Rapid Global, its officers, employees or agents at your own risk; and
(c) the Site and Material are supplied on the understanding that you will not hold Rapid Global, its officers, employees or agents liable for any loss or damage resulting from your use of the Site or Material.
7.2 In particular, you acknowledge that your Username has been issued to you for the purpose of providing you with access to Material that concerns a particular purpose. The Material is not generic and should only be used in connection with the purpose for which that particular Username was issued.
8.1 You acknowledge that the speed of response from the Site is dependent on your internal connection and performance of the Site and Materials may be affected by such external factors as your speed of connection, infrastructure bandwidth and the number of users on the connection.
8.2 Rapid Global makes no warranty as to the completeness or accuracy of any Material or as to its fitness for a particular purpose.
8.3 Rapid Global does not warrant that the Site, the Material or the material on any linked website does not infringe the intellectual property rights of any person.
8.4 Rapid Global does not warrant that the functions and content of the Site, or any third-party websites, will be:
(a) uninterrupted or without error,
(b) remedied if defects occur, or
(c) free of viruses or other harmful components.
8.5 Rapid Global will not be liable for disruptions to this Site.
8.6 Rapid Global:
(a) takes no responsibility for any delay, malfunction, non-performance or other degradation of the Site or Materials caused by or resulting from any alteration, modifications or amendments to the Site or Materials requested by you; and
(b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Site and Materials may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
8.7 Rapid Global is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Site or any external site to which a link is provided.
8.8 Where the Materials include pre-written materials provided by Rapid Global or other third parties, Rapid Global and its content providers will use reasonable endeavours to ensure that the Materials are accurate. However, you acknowledge and agree that:
(a) the information provided in such Material is intended only to provide a summary and general overview for the purposes of e-learning and training and is not intended to be a substitute for legal advice.
(b) You will seek legal or other professional advice before acting or relying on any of the Materials.
(c) If you or your authorised users edit the Materials, neither Rapid Global nor its content providers will be responsible for any Liability arising from such amendments.
9.1 You must indemnify Rapid Global and keep Rapid Global fully indemnified against all liabilities, damages, claims, losses, costs and expenses which Rapid Global may incur to a third-party or you as a result of:
(a) your use of this Site or the Material;
(b) any breach by you of these Terms; and
(c) any claims arising from any information, data, text or messages transmitted using the Site including claims for defamation, invasion of privacy, infringement of intellectual property rights or breach of any other applicable law, regulations or codes.
10.1 If you breach these Terms, failure by Rapid Global to take action will not constitute a waiver of rights and remedies arising from that breach and Rapid Global reserves its entitlement to enforce its rights and remedies in relation to that breach. Any waiver of any provision of these Terms will be effective only if it is in writing and executed by Rapid Global.
11.1 The Terms shall be governed by the laws in force in the State of South Australia. You submit to the exclusive jurisdiction of the Courts of the State of South Australia.
12.1 Any provision in these Terms which is invalid or unenforceable is to be read, if possible, so as to be valid and enforceable, or otherwise must be severed to the extent of the invalidity, without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction.
Updated on the 6th of July 2020