This policy is effective as of 1st July 2021.
This Terms of Use Agreement (“Agreement”) includes the terms by which you may access and use the RackSky network and the online and/or mobile services, website, and/or software provided on or in connection with the RackSky network (collectively, the “Service”).
Because the law is technical and we need to protect our users (including you) and ourselves so that everyone has a great experience with the Service, the Agreement is set out in the “RackSky Terms of Use” section below. So please review the terms set-out in this Agreement before you use the Service.
If you have any questions about this Agreement, please see the “Legal” section of our Support & FAQs page or contact us at any time at legal@racksky.com .
TABLE OF CONTENTS
This policy is effective as of 1st July 2021.
RackSky Welcomes You
Providing our Services (products, services, and features) via our apps, services, features, software, or website, requires obtaining your agreement to our Terms of Service ("Terms"). These Terms of Service govern the use of RackSky by you, unless expressly stated otherwise via the application of distinct terms. These terms expressly apply to you upon creation of an account with RackSky.
RackSky.com (“RackSky,” “our,” “we,” or “us”) offers the below-mentioned services to you (“Services”).
Our Services
RackSky’s foundation is based upon strong privacy and security principles.
Connecting You with Other Users.
We offer and tend to always strive to enhance avenues for you to communicate with other RackSky users. Providing a convenient platform that lets you perform the intended activities via our platform is our primary objective. RackSky works with partners, service providers, and affiliated companies to assist us in offering avenues to connect with their services.
Service Improvement Methods.
Analyzing your patterns of using RackSky allows us to better our Services. We also assist businesses using RackSky compute the effectiveness and distribution of their services and communications. RackSky uses the available information and also associates with partners, service providers, and affiliated companies for these purposes.
Service Usage Requirements
Age Requirements
You must be at least 18 years old to use RackSky. If not, you should not be using this service unless you have written consent from a parent or guardian. We strongly recommend you discontinue use of this Service if you are not at least 18 years of age.
Permission by Parent or Guardian
If you are deemed to be a minor in your home country (jurisdiction), you expressly represent to have already sought the permission to use the Service from your parent or legal guardian. You are requested to have your parent or legal guardian to read and agree with this Agreement along with you.
If you are a parent or legal guardian of a minor in your home country (jurisdiction), by allowing your child to continue using the Service, you are subject to the terms of this Agreement and stand accountable for your child’s activity on the Service.
Businesses
In case you represent a company or organization while using this Service, you agree to be having the authority to act on behalf of the entity, and that such entity duly accepts this Agreement.
Communicating With Businesses
We offer, and always strive to better the methods available to you, your businesses and other organizations, to communicate with each other via our Services (e.g., via viewing of Racks, clicking on links, placing an order, undertaking a transaction, setting up orders, delivery and shipping notifications, product and service updates, and marketing).
Safety, Security, & Integrity
We are committed to safeguarding our Services’ safety, security, and integrity. This includes dealing appropriately with abusive people and curbing such activities which violate our Terms. We initiate the required steps to prevent misuse of our Services (i.e., curbing harmful behavior directed towards others, noncompliance with our Terms & Policies, and attending to instances wherein we could be instrumental in assisting to support or safeguard our community). If we get to know about such people or activity, we will be taking appropriate action. These actions could involve disqualifying such people or activity or contacting law enforcement. Such removal will, although, be per the “Termination” section below.
Enabling Access to Our Services. The global nature of our Services requires storing and distributing content and information in data centers and systems globally (also including external to your home country). Using this global infrastructure is vital and necessary to make available our Services. This infrastructure could be owned or operated by our service providers (e.g., affiliated companies).
Connecting you with brands, products, and services. We use data from Racksky and third-party partners, to deliver ads, offers, and other sponsored content that we find relevant to you.
Research and innovation.
The information that we have is studied to better our Service and partner with others on research to enhance our Service and contribute to the community well-being.
Data Policy
Providing our Service requires your information to be collected and used in a permissible manner. Our Data Policy enlists the manner of information collection, usage, and sharing. It also explains the various methods to control your information, e.g., in the RackSky Privacy and Security Settings. Your agreement to our Data Policy is a must for using RackSky.
We might get paid for ads by businesses and organizations. Your usage of our services acknowledges that showing (paid promotion) ads by businesses and organizations on and off RackSky is approved explicitly by you. Your data (viz. activity and interests’ information) will only be used to show you relevant ads.
We display to you relevant ads but don’t tell advertisers your actual identity. Your data is safe with us. Advertisers are allowed by us to communicate details pertaining to their business goal and the type of audience they intend to display their ads to. Their ads are then shown to people who would be interested.
We also make available to advertisers their ads’ performance reports to assist them in comprehending people’s interaction with their content on and off RackSky. General demographic and interest information is given to advertisers to assist them in understanding their audience better. We don’t share information (e.g., your name, email address, phone number, etc.) that can be used to contact you directly or identify your identity) without your specific permission.
You might see branded content posted by account holders intending to promote products or services on RackSky. Such products or services’ promotion on RackSky would be based on a commercial association with the business partner referred to in their content.
Our Terms and Policies. You are obliged to use our Services per our Terms and policies. In case of a violation by our Terms or policies, we would be required to initiate actions towards your account (e.g., disabling or suspending your account). If we disable or suspend your account, you agree to refrain from creating a new account without first seeking our permission. You also agree not to initiate any legal action against us for disabling or suspending your account indefinitely for any reason. We reserve the right to disable anyone’s account for any reason we deem necessary.
Legal and Acceptable Use. You are obliged to access and use our Services solely in accordance with legally permissible limits. Your usage of RackSky should be for authorized and acceptable purposes only.
You agree that you will not use (or help others in using) our Services in such disallowed ways that:
Harm To RackSky or Our Users. You should not (or assist others to) directly, indirectly, via automated or other methods, access, use, copy, alter, modify, make derivative works depending upon, distribute, license, sublicense, transfer, display, perform, or exploit RackSky’s Services in manners that are impermissible or unauthorized, or in such ways that burden, impair, or damage us, our Services, systems, our users, or others.
You must also not directly or via automated means: (a) reverse engineer, change, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other damaging computer code via or onto our Services; (c) avail or try to avail unapproved access to our Services or systems; (d) hinder or disrupt our Services’ safety, security, confidentiality, integrity, availability, or performance; (e) register accounts for our Services via unauthorized or automated methods; (f) collate information of or pertaining to our users in any manner deemed to be impermissible or unauthorized by us; (g) sell, re-sell, rent, or levy a price for our Services or data gained from us or our Services in a manner that is unauthorized; (h) distribute, or offer access to, our Services over a network where the Services could be used by multiple devices simultaneously, except as allowed via tools expressly offered by us through our Services; (i) generate software or APIs functioning highly identically to our Services and make them available for use by third parties in a manner that is unauthorized; or (j) misuse any reporting channels, for instance via submitting fraudulent or baseless reports or appeals.
Securing Your Account. The responsibility of keeping your access device and your RackSky account safe and secure would solely be yours. You will also stand responsible to notify us in a prompt manner of any unauthorized use or security non-compliances of your account or our Services.
Our Services might permit you to access, use, or interact with third-party (TPS) websites, apps, content, and other products and services. TPS that are integrated with our Services or interact with a share button on a third-party’s website would not attract these Terms and our Privacy Policy, as these apply only to the use of our Services. If you use third-party products or services, their terms and privacy policies stand to govern your use of those products or services.
Just as we have made a commitment to serving you, we also seek the following commitment from you.
Who Can Use RackSky?
RackSky wishes to make its services as free and broad as possible. Although, at the same time, we also wish to offer services that are safe, secure and compliant with the law.
To be an active RackSky community member, we need you to exhibit commitment to some restrictions.
You should be at least 18 years old.
In case you are on a list of applicable rejecting parties, you must not be prohibited from accessing any aspect of our service or joining any payment-related service under applicable law.
Your account shouldn’t have been previously closed for violations of the law or any of our stated policies.
You must not be guilty of any sexual offense.
Ways you cannot use RackSky
We all are responsible to do our bit to provide a safe service to a wider community.
Do not pretend to be someone else or provide false information.
Disclosing your identity on RackSky is not required; however, you are required to make available accurate and up-to-date information (viz., updated registration information), these could include giving personal data. It’s strictly prohibited to pretend to be someone else or the one that you are not, and you are also not allowed to create an account for someone else without express permission of that person.
You are prohibited to do anything illegal, misleading or fraudulent, or activities directed towards illegal or unauthorized objectives. Violating these Terms or our Policy (or assisting in or encouraging others to violate it) is strictly prohibited. Posting branded content would require you to comply with our branded content policy.
You acknowledge the fact in total agreement that there is nothing you can do to disrupt or damage the Service operations (viz. abusing any reporting, dispute or appeal channel, i.e., submitting baseless reports without proper justification).
You would not indulge in creating unauthorized accounts or try to access or collect information (i.e., automatic account creation or information collecting without our due permission).
You will not attempt to buy or license any account or data gained from us or from our Services including buying, selling or transferring any element of your account, viz. username. You will not request, collect or use login information or badge of the other user. You will not request or gather a RackSky username, password or wrong access token.
You may not post private or confidential information of other people in the absence of an explicit permission or may also not act in a manner which infringes on the rights of another person, such as intellectual property (IP) rights (e.g., copyright infringement, trademark infringement, counterfeit or piracy-infringing goods).
You would only use the works of another person in exceptions or limitations to copyright and concerned rights given in the applicable law. You may not indulge in modifying, translating, creating or reversing the process of our products or its components.
You use our services at your own risk and subject to the following disclaimers:
We are offering our services on an “as is” basis with no warranties express or implied (including, but not limited to, warranties of merchantability, title, non-infringement, and freedom from computer virus or other harmful code.
We do not warrant that any information given by us is accurate, complete, or of utility, that our services will be operational, free from error, secure, or safe, or that our services would operate with no instances of disruptions, delays, or imperfections.
We do not control, and we do not stand responsible for, exercising control over how or when our users avail our services or the features, services, and interfaces provided by our services.
We are neither responsible nor obligated for controlling the actions or information (inclusive of content) of our users or other third-parties. You release us, our subsidiaries, affiliates, and the respective directors, officers, shareholders, employees, partners, associates and agents (together, the “RackSky Parties”) from any claim, complaint, cause of action, controversy, dispute, or damages (i.e., “claim”), known and unknown, pertaining to, arising out of, or in any manner connected with any such claim you have against any third-parties.
Your rights with respect to the RackSky Parties aren’t modified by the foregoing disclaimer if the laws of your country (jurisdiction), applicable due to your usage of our services, do not permit it. If you are a resident of the United States, you waive any rights you may have under California Civil Code §1542, or any other similar applicable statute or law of other jurisdiction, stating that: A general release does not extend to claims that the creditor or releasing party doesn’t know or supposed to be existing in their favor at the time of executing the release, and that if known by him or her would stand to have materially impacted their settlement with the debtor or released party.
The RackSky Parties will not stand liable to you in instances of any lost profits or consequential, special, punitive or incidental damages pertaining to, or emanating from, or in connection with our terms, us, or our Services (caused however and on any theory of liability, e.g., negligence), even in the event of the RackSky parties have been duly informed about the potentiality of such damages. Our liability in aggregate terms, pertaining to, or emanating from, or in connection with our terms, us or our services won’t go beyond the amount you have paid us in the preceding one month. The foregoing disclaimer of some damages and limitation of liability will stand applicable to maximum extent permitted by applicable law. Notwithstanding anything to the contrary in our terms, in such instances, the liability of the RackSky Parties will be limited to the highest extent permissible under applicable law.
If a "Third-Party Claim" is brought against us owing to your actions, information, or content on RackSky, or owing to any other use of our Services by you, then you, up to the legally permissible extent of the applicable law, indemnify, and hold the RackSky Parties harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) pertaining to, emanating out of, or in any manner in relation with either of the following:
You explicitly are in agreement that any claim or cause of action against RackSky that you might have pertaining to, emanating from, or in either way in relation to our Terms or our Services, and for any claim or cause of action that RackSky files against you, you and RackSky agree that any such claim (“Dispute” or “Disputes'') will be exclusively resolved in the Courts of Singapore, and you agree to adhere to the personal jurisdiction of such courts for the objective of litigating any such claim or cause of action, without regard to conflict of law provisions. With no prejudice to the foregoing, you approve that, in our sole discretion, we might choose to resolve any Dispute we have with you (not subject to arbitration) in any court in Singapore.
Governing Law
The laws of Singapore govern our Terms, and any Disputes, regardless in court or arbitration, that could take place between RackSky and you, with no regard to conflict of law provisions.
Claim or Dispute Filing Time Limit
These terms herewith also tend to limit the time you have to file a claim or dispute, including the time to begin an arbitration or, if allowed, a court action or small claims proceeding to the fullest permissible extent via applicable law. RackSky and you agree that for any Dispute, RackSky and you must bring Claims (such as starting an arbitration proceeding) in one year following the Dispute’s first debut; if not, such Dispute is barred permanently. So, if we or you do not file a Claim (such as an arbitration) in one year following the Dispute’s first instance, then the arbitration stands dismissed as it began too late.
Availability
We are constantly striving to better our Services. This endeavor of ours could also include expansion, addition, or removal of our Services, features, functionalities, and the support of some devices and platforms. Our Services could be interrupted owing to maintenance, repairs, upgrades, or network or equipment failures. We reserve the sole right to discontinue some or all of our Services, including some features, and the support for some devices and platforms, as and when we deem necessary. Events that are not in our control could also have an impact on our Services (e.g., events in nature and other force majeure events).
Termination
Although we expect you to continue being a RackSky user, you can still terminate your association with RackSky anytime for either of the reasons by deleting your account.
We reserve the right to modify, suspend, or terminate your access to or use of our Services anytime for any reason (upon the violation of the letter or spirit of our Terms or creation of harm, risk, or potential legal exposure for us, our users, or others). We also reserve the right to disable or delete your account if it does not get active after account registration or if it stays inactive for a period of time. The provisions that will survive any termination of your association with RackSky: “Licenses,” “Disclaimers and Release,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Termination of Our Services,” and “Special Arbitration Provision for United States or Canada Users.”