- Agreement between User and www.RAPIenvia.com
Welcome to www.RAPIenvia.com. The www.RAPIenvia.com website (the “Site”) is comprised of various web pages operated by Rapienvia. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.RAPIenvia.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
- Acceptance of Terms; Modifications. These Terms are a binding legal agreement between you and RAPIenvia (“Rapienvia,” “we,” “us” and “our”). The Terms govern your use of our resources and services (collectively, our “Rapienvia Service”) for all unregistered users and/or registered members of Rapienvia (“Clients”, “User”, “You” and “Your”). The Terms govern all use of the Rapienvia Service, whether you access it from our website at https://www.rapienvia.com, our mobile applications and mobile websites, our Facebook page, our online or phone support offerings, or any other access point we make available to You. BY ACCESSING OR USING THE RAPIENVIA SERVICE, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE RAPIENVIA SERVICE.
- You understand and agree that we may change the Terms from time to time, and that any such changes will be effective immediately when we post the modified Terms on the Rapienvia Service. Your continued access and use of the Rapienvia Service after we post the modified Terms will constitute your consent to be bound by the modified Terms. You acknowledge that Rapienvia is entitled to rely on these commitments and is not responsible to ensure that all users have met these conditions prior to use of the Rapienvia Service.
- Electronic Communications
Visiting www.RAPIenvia.com or sending emails to Rapienvia constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
- Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password (if any) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Rapienvia is not responsible for third party access to your account that results from theft or misappropriation of your account. Rapienvia and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
- Children Under Thirteen
Rapienvia does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.RAPIenvia.com only with permission of a parent or guardian.
- Links to Third Party Sites/Third Party Services
www.RAPIenvia.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Rapienvia and Rapienvia is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Rapienvia is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Rapienvia of the site or any association with its operators.
Certain services made available via www.RAPIenvia.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.RAPIenvia.com domain, you hereby acknowledge and consent that Rapienvia may share such information and data with any third party with whom Rapienvia has a contractual relationship to provide the requested product, service or functionality on behalf of www.RAPIenvia.com users and customers.
- No Unlawful or Prohibited Use
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Rapienvia or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Rapienvia content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Rapienvia and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Rapienvia or our licensors except as expressly authorized by these Terms.
- International Users
The Service is controlled, operated and administered by Rapienvia from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Rapienvia Content accessed through www.RAPIenvia.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Rapienvia, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Rapienvia reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Rapienvia in asserting any available defenses.
(PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES/CLAIMS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.)
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
- Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Rapienvia agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RAPIENVIA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
RAPIENVIA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. RAPIENVIA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- Termination/Access Restriction
Rapienvia reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Rapienvia as a result of this agreement or use of the Site. Rapienvia’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Rapienvia’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Rapienvia with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Rapienvia with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Rapienvia with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
- Changes to Terms
Rapienvia reserves the right, in its sole discretion, to change the Terms under which www.RAPIenvia.com is offered. The most current version of the Terms will supersede all previous versions. Rapienvia encourages you to periodically review the Terms to stay informed of our updates.
- Nature of the Rapienvia Service
The Rapienvia Service consists of a desktop Web application, mobile applications, a call center and other related tools, support and services that together serve as an intermediary international parcel service provider allowing Clients to send parcels, including but not limited to packages and documents, internationally. The Rapienvia Service may be used by registered and nonregistered Users.
- Rapienvia is not a common carrier. Rather, Rapienvia is a platform providing international courier services. Rapienvia may, at its sole discretion, carry out the transportation of parcels by any third parties and via routes that Rapienvia deems appropriate.
- Rapienvia may, at its sole discretion, subcontract all or part of the Rapienvia Service to a Third Party Subcontractor (‘Subcontractor”). We hereby expressly disclaim, and you hereby expressly release us from, any and all liability whatsoever for any, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with Subcontractors , whether online or offline. You acknowledge and agree that your use of Rapienvia Service is at your own risk.
- Bookings. You transact with Rapienvia Service when You and Rapienvia both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for provision of shipping services via the booking mechanism provided on the Rapienvia Service (a “Booking”). Once you complete a Booking, you agree to honor the price and other terms of that Booking.
- Consent to Call Recording. You agree that any phone calls to or from Rapienvia may be monitored or recorded for quality assurance purposes.
- Your Conduct on the Rapienvia Site.
When you use the Rapienvia Service, you agree:
To use the Rapienvia Service only in a lawful manner and only for its intended purposes.
Not to use the Rapienvia Service, or engage with other users of the Rapienvia Service, for purposes that violate the law.
Not to use the Rapienvia Service to arrange for the provision and purchase of services with another contractor, then complete transactions for those services offline.
Not to use the Rapienvia.com Service for purposes of competing with Rapienvia.
Not to post reviews about Rapienvia that aren’t based on your personal experience, that are intentionally inaccurate, or that violate these Terms.
Not to transfer or authorize the use of your account for the Rapienvia Service by any other person.
Not to provide false information in your registration for the Rapienvia Service.
Not to interfere with our provision of, or any other user’s use of, the Rapienvia Service.
Not to solicit another user’s username and password for the Rapienvia Service.
- Suspension and Termination.
You understand and agree that we have no obligation to provide the Rapienvia Service to you, nor any obligation to continue providing it once we have begun. If we believe your conduct on the Site or Rapienvia Service is inappropriate, unsafe or violates these terms, and for any other reason (or no reason at all), we reserve the right to suspend or terminate your access to the Rapienvia Service in our sole discretion.
- Registration; Account Security.
In order to use certain, but not all, aspects of the Rapienvia Service, you will be required to create a username, password, and user profile. If you elect to create and account and use the Rapienvia Service via your account, you agree to provide accurate information about yourself and keep this information up-to-date. You agree not to impersonate anyone else and not to maintain more than one account (or, if Rapienvia suspends or terminates your account, not to create further accounts). You are responsible for maintaining the confidentiality of your username and password for the Rapienvia Service, and you agree not to authorize anyone else to use your username and password. You are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account. You may choose to cancel your account. You can do so by contacting us at info@RAPIenvia.com and title your e-mail with the subject line “URGENT-Cancellation Request”.
- Authorization to Charge.
When you pay for services on the Rapienvia Service, you will be required to provide us with valid, up-to-date credit card or other payment information. You authorize us to charge your credit card or other payment method for fees you incur on the Rapienvia Service as they become due and payable. Except as expressly provided in these Terms, all fees paid via the Rapienvia Service are non-refundable once paid.
You acknowledge that you are responsible to pay any taxes that arise as a result of your purchase, provision, or use of services via the Rapienvia Service. This includes, without limitation, any form of sales tax on fees paid through the Rapienvia Service.
- Third Party Services, Links.
The Rapienvia Service may contain links to third party websites or resources. You acknowledge and agree that we are 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 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.
Further, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD RAPIENVIA.COM HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions and interactions, online or offline, with other users of the Rapienvia Service; (2) breach of these Terms; (3) disputes concerning the Rapienvia Service; or (4) your misstatements, misrepresentations, or violation of applicable law; YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS.
- Intellectual Property
Rapienvia and its licensors retain all right, title and interest in and to the Rapienvia Service, the technology and software used to provide it, all electronic documentation and content available through the Rapienvia Service and all intellectual property and proprietary rights in the Rapienvia Service and such technology, software, documentation and content. Except for your rights to access and use the Rapienvia Service set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You agree that we will have a perpetual right to use and incorporate into the Rapienvia Service any feedback or suggestions for enhancement that you provide to us concerning the Rapienvia Service, without any obligation of compensation.
22.1 Rapienvia Trademarks. Rapienvia owns all rights in and to its trademarks, service marks, brand names and logos (the “Rapienvia Marks”).
22.2 Warranty Disclaimer for the Rapienvia Service. The information and materials found on the Rapienvia Service, including text, graphics, information, links or other items, are provided “as is” and “as available.” Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through the Rapienvia Service, but not directly by Rapienvia, are those of their respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RAPIENVIA DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE RAPIENVIA SERVICE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN RAPIENVIA; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE RAPIENVIA SERVICE WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, RAPIENVIA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE RAPIENVIA SERVICE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
- Limitation of Liability
In no event will Rapienvia be liable to you for any indirect, special, incidental, or consequential damages, losses or expenses that arise out of or relate to the use of or inability to use the Rapienvia Service, including without limitation damages related to any information received from the Rapienvia Service, any suspension or termination of your access to the Rapienvia Service, or any failure error, omission, interruption, defect, delay in operation or transmission of the Rapienvia Service, even if we are aware of the possibility of any such damages, losses or expenses.
- Limit on Our Liability to You.
IN NO EVENT WILL RAPIENVIA’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE RAPIENVIA SERVICE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO RAPIENVIA DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABLITY OR, IF YOU HAVE NOT PAID RAPIENVIA FOR THE USE OF ANY SERVICES, THE AMOUNT OF $50.00.
- Governing Law and Jurisdiction.
These Terms, and any dispute between you and Rapienvia, will be governed by the laws of the State of Florida, without regard to principles of conflicts of law, except that the Federal Arbitration Act will govern the interpretation and enforcement of Section 10 (Arbitration). Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that arises between you and Rapienvia must be resolved exclusively by a state or federal court located in the State of Florida. Nothing in this Agreement will be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party will have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
If you have any questions about anything in these Terms, please contact us via email at info@RAPIenivia.com.