"Website"shall mean the sites, microsites and mobile applications owned, operated and managed by us.
"Member" shall mean customers (individuals or entities) of Harbinger for the purpose of accessing or using Website, Software and/or Services (availing the free or paid version)
"User" shall include in its ambit users that are individuals that access the Website (“you”; “your”).
"User Account" shall mean the account that the User shall be required to create with the Website by providing the information sought by us, in order to use the trial and/or paid version of the Software
Acceptance of Agreement
If you are a Member using or accessing the Software and/ or Services on a B2B basis, you shall ensure that your authorised representatives use or access the Software and/or Services subject to the acceptance and continuous compliance of the Terms and the EULA.
Your Registration Obligations
As a condition to using Services, you may be required to register with us and select a password and enter your email address. You agree to ensure that you shall provide Harbinger with accurate, complete, and updated registration information. You shall be responsible to maintain and promptly update your registration data like email, phone number, which you submit to us while signing up for the User Account. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of User's Account. Harbinger reserves the right to refuse registration of or cancel a User Account of any User in its discretion. User shall be responsible for maintaining the confidentiality of User's account and password.
For free version (Raptivity): The license to use, access and evaluate the Services is granted to you through our website, and shall be effective from the date of your subscription to the free version of the Services until your subscription is terminated in accordance with the Terms.
For paid version (Raptivity): The license to use, and access the Services is granted to you for a subscription period selected by you from our website ("Initial Subscription Term") and unless your subscription is terminated in accordance with the Terms, your subscription shall automatically be renewed for a period of similar duration as that of your Initial Subscription Period (each "Renewal Term"). The Initial Subscription Term and each Renewal Term shall be collectively referred to as the ("Subscription Term"). The Subscription Term shall be effective from the actual date of your subscription to the paid Services.
Subscription Fees (applicable to paid version)
In consideration of the Services provided by Harbinger, you agree to pay us the Subscription fees ("Subscription Fees") in the amount and for the Subscription Term, you have opted for and agreed to, on our Website. Unless you terminate your subscription any time before the end of your billing cycle, you authorize us to charge you the Subscription Fees for the next billing cycle, at the then applicable rates. Subscription Fees and other prices quoted are exclusive of applicable taxes. You shall pay all applicable taxes, duties, levies, and other similar charges (and any related interest and penalties) imposed, however, designated as a result of the existence (except for taxes on Harbinger’s net income).
In the event of non-payment of the Subscription Fees-
- We may at our discretion suspend your subscription and intimate you about the same. You may at your option, choose to have the subscription reinstated subject to the payment of the Subscription Fees OR
- We may at our discretion choose to terminate your subscription, in which case, we shall notify you about the same in writing
In the event of termination of your subscription, we reserve our right to delete all the User Content, at our sole discretion.
If you wish to unsubscribe for the Services, you may do so during the continuation of the plan. In case you unsubscribe the Services, Harbinger will NOT refund the Subscription Fees paid by you as the subscription features shall remain active till the end of the Subscription Term.
You understand that all the User Content shared by you, and the Deliverables as may be provided by Harbinger, on the Website (whether in whole or in part shall be together referred to as the "Data"), shall belong to you for the purpose of this Agreement, irrespective of the author or the person from whom such Data has originated. You have the right to delete the Data at any point of time at your discretion. Harbinger does not control the User Content posted on the Website. Under no circumstances shall Harbinger be liable or responsible in any way for any Data, including for any errors or omissions in any Data, or for any loss or damage of any kind incurred as a result of the use of any Data posted, emailed, transmitted or otherwise made available via the Website. You understand and acknowledge that Harbinger reserves the right to edit, modify or delete any Data on the Website at any point of time at its sole discretion with or without notice to you. You understand and acknowledge that you post or share such User Content with the Website voluntarily on your own account and are solely liable for the originality, accuracy of such User Content. Harbinger shall not be responsible or liable for any such User Content shared, posted or submitted by you.
Copyright and Limited Right to Use
The information, video, audio, pictures, animation, digital conversion and other matters related to the Raptivity Website are protected by copyright laws. You may only access and use the information for personal purpose.
You agree not to
- reproduce, redistribute, duplicate, copy, sell, resell, lease, transfer, sub-license, publish or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website
- upload, post, email, transmit or otherwise make available any data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
- decompile, disassemble, reverse engineer, and attempt to discover the Software's source code or otherwise reduce the Software to a human-perceivable form
- place the Software onto a server so that it is accessible via a public network
export or re-export the Services in any form in violation of any applicable laws and regulations regarding export control of the country in which you obtained them
- use the Services for any purposes that potentially could cause or might result into any property damage, death, bodily injury or personal injury or any other hazardous application of the Services
- impersonate any person or entity
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Website
- upload, post, email, transmit or otherwise make available any Data that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements)
- upload, post, email, transmit or otherwise make available any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
- upload, post, email, transmit or otherwise make available any material that contains software virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- disrupt the normal flow of or otherwise act in a manner that negatively affects other Member’s ability to engage in real time exchanges
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website
- use automated scripts or programs to access or download pages, documents, images or any other content in the application other than the provided API
- intentionally or unintentionally violate any applicable local, state, national or international laws and any regulations having the force of law
You acknowledge and agree that Harbinger may disclose the Data if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process
- enforce the Terms
- respond to claims that any Data violates the rights of third-parties
- protect the rights, property, or personal safety of Harbinger, its Users and any member(s) of the public
Maintenance and Support
We provide the necessary support to the paid Users through a web-based support system. We will take commercially reasonable efforts to provide you with the support to resolve all your queries within one working day.
A Member may terminate the subscription to the paid Services, at any time, by selecting the “Cancel Account” link on our website. Please refer account info in profile section.You agree that Harbinger, in its sole discretion and subject to compliance of the applicable laws, may terminate your User Account, subscription and/or use of the Website, and remove and discard any Data within the Website if Harbinger believes that you have violated or acted inconsistently with the letter or spirit of the Terms and you fail to correct the reported breach by Harbinger within 7 days from the date of receipt of such notice. Harbinger may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with notice to you. Further, you agree that Harbinger shall not be liable to you or any third-party for any termination of your access to the Website, any modification, suspension or discontinuance of the Services by Harbinger.
Editing, Deleting and Modification
Harbinger Knowledge Products Private Limited reserves the right to edit or delete any documents, information or other content appearing on the Site.
Indemnification Limitation of Liability
You agree to indemnify, defend and hold harmless Raptivity and its officers, directors, and employees(each, an “Indemnified Party”) from and against all fines, suits, proceedings, claims, causes of action, demands, or liabilities of any kind or of any nature arising out of or in connection with your violation of the Terms or use of the Website or for any fraudulent credit card claims made by you.
Disclaimer and Limits
YOU AGREE THAT THE WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. Raptivity does not warrant that the Website will be available at any given time, secure, accurate or free of error. You use the Website at your own risk, and you assume the risk that the Website may provide incorrect information to you or your workers, as well as the risk that any material downloaded by you from the Website may cause loss of data or damage to your computer system. Raptivity makes no warranty of any kind with respect to user-generated Content, and specifically disclaims the implied warranties of merchantability, fitness, accuracy and non-infringement with respect to such Content. Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice, Deliverables or other information, whether oral or written, obtained by you from Harbinger or through or from the Website shall create any warranty not expressly stated in the Terms.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL RAPTIVITY BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF RAPTIVITY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF THE USE OR THE INABILITY TO USE THE WEBSITE, DUE TO DOWNTIME, SERVER FAILURE OR OTHERWISE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT OR DATA THROUGH YOUR USER ACCOUNT, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR ANY OTHER MATTER RELATING TO THE WEBSITE.
THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY TO FAIL OF ITS ESSENTIAL PURPOSE.. NOTWITHSTANDING ANYTHING CONTAINED HEREIN OR ELSEWHERE, THE MAXIMUM LIABILITY OF HARBINGER UNDER THESE TERMS,
A. IN CASE OF THE PAID VERSION SHALL NOT EXCEED THE SUBSCRIPTION FEES YOU HAVE PAID US IN THE PRECEDING ONE MONTH IN WHICH THE CLAIM AROSE, AND
B. IN CASE OF FREE VERSION SHALL NOT EXCEED US$ 0.00 PER MEMBER.
THIS LIABILITY OF HARBINGER SHALL APPLY IRRESPECTIVE OF THE FORM AND NUMBER OF CLAIMS ARISING OUT OF THE USE OR ACCESS OF THE WEBSITE.
THE PARTIES INTEND THAT THE ABOVE LIMITATION OF LIABILITY SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY TO FAIL OF ITS ESSENTIAL PURPOSE.
Our Content: Copyrights and Trademarks
Other than Content posted by users, all content of this site is the property of Raptivity or its content suppliers, and is protected by copyright laws and international treaty provisions. The compilation of such content is also the exclusive property of Raptivity, and is likewise protected by U.S. and international copyright laws. The name "Raptivity" and the Raptivity Logo are registered trademarks of Harbinger or its affiliates and may not be used in connection with the products or services of others in any manner that is likely to cause confusion. All other trademarks not owned by Raptivity that appear on this site are the property of their respective owners. All other trademarks not owned by Harbinger that appear on this Website are the property of their respective owners. You understand and acknowledge that Harbinger uses third-party licenses and/ or open source tools in the Website, or in the maintenance thereof; that Harbinger is an authorised licensee of such third-party licenses and/or tools pursuant to the respective license terms; and that Harbinger is compliant with the respective license terms of each of such licenses. You agree that by using the Software and/or the Services, you give us a permission and a limited license to use your name, or your company name and logo in self-promotional materials, web-page, proposal and similar matters and indicating you as our customer. In case you would like us not to use your name, trademarks, service marks, and/or logo on the Website, you can write to Harbinger’s grievance redressal email-address at firstname.lastname@example.org
Links to other Web Sites.
The Website contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Website and access these third-party sites, you do so at your own risk.
These Terms shall be treated as though it were executed and performed in accordance with the substantive laws of India. All disputes arising out of this Service/ Website shall be subject to the exclusive jurisdictions of state courts of Maharashtra, India.
These Terms constitute the entire agreement between you and us as to their subject matter, and there are no other terms, conditions, or obligations between the parties relating to the use of the Site, other than those contained in these Terms. No modification of these Terms will be valid unless in writing and signed by both parties.
The failure of Harbinger to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
Refund and Return Policy
Harbinger offers non-tangible irrevocable goods. The products purchased that are downloaded are normally NOT refundable and there are no cancellations of online orders that have been downloaded successfully. However, there are cases when the refund can be issued.
Non-delivery of the product
Due to some mailing issues of your e-mail provider or your own mail server you might not receive a delivery e-mail from us. In this case we recommend contacting us for assistance. Claims for non-delivery must be submitted to email@example.com in writing within 7 days from the order placing date. Otherwise the product will be considered received and downloaded.
Download and unzipping issues
It may happen when you are having problems while downloading the product or it’s unzipping. Claims regarding such issues must be submitted to our Technical Support department. If you do not properly contact us during this period, you agree that we may construe silence as a successful download of the product with no further right of redress or refund for a "download issue" reason. Failure to receive assistance for downloading or unzipping within 3 days may result in a refund decline.
Although all the products are thoroughly tested before release, unexpected errors may occur in very rare cases. Such issues must be submitted for our Technical Support Team's approval. We keep the right to rectify the error or defect within 72 hours. If any deficiency is approved and we fail to correct it within 72 hours from the date of the initial complaint letter or any other notification provided by a Customer, the refund will be issued to the customer in full without any compensations or reimbursements. OR, at customer’s choice, replacement of the product of the same or around the same value can be offered.
Such issues should be reported to our Technical Support Department within 7 days from the date of the purchase. Clear evidence must be provided proving that the purchased product is not as it is described on the website. Complaints which are based merely on the customer’s false expectations or wishes are not honoured. Sample products are available for evaluation purposes on our website under the product section.
Fraudulent Credit Card Charges or Fraudulent Claims
All requests to negate charges are investigated by our legal department. If you make a fraudulent claim of unauthorized card usage, we will report this to the credit card services. This report may result in cancellation of your card services, put negative information on your credit report, and create possible criminal charges that may be filed against you.
In no event will the shipping charges be refunded when you have requested for media/physical copy of the software, irrespective of the fact that you have cancelled the order post delivery. At the time of online buying, you will have to select if you want product shipped. If you select shipping and later on request for refund of shipping for any reason, the same will not be refunded.Harbinger reserves the right to modify this Refund Policy at its discretion, or against any customer it believes is abusing this policy. Any such revision or change will be binding and effective immediately after posting of the revised Refund Policy on Harbinger Web sites.You agree to periodically review our Web sites, including the current version of our Refund Policy. Our refund policy is made available on our Web sites. It is your obligation to review our refund policy for any such revisions.If you have some questions or concerns, please write to us at firstname.lastname@example.org