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Website  Terms of use


About our Terms

  • Thank you so much for visiting our website (poppydelbridge.com). These Terms explain how you may use this Site.

  • References in these Terms to the Site includes all associated web pages.

  • You should read these Terms carefully before using the Site.

  • By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.

  • If you do not agree with or accept any of these Terms, you should stop using the Site

  • If you have any questions about the Site, please contact us by e-mail: hello@houseofpossibility.com.

 

Definitions

Content means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;

Terms means these terms and conditions of use as updated from time to time under clause 11;

Acceptable use policy means the policy set out at the end of these Terms

Cookie policy means the policy here which governs how we use cookies in the Site;

House of Possibility Ltd, means House of Possibility Ltd with registration number 12135300 with its registered office at Garden House, Bayham Abbey, Lamberhurst, TUNBRIDGE WELLS, TN3 8BG.

Online terms and conditions for the supply of goods or services means any terms and conditions which will apply to you ordering goods or services using the Site;

Privacy policy means the policy, which governs how we process any personal data collected from you;

Submission means any text, images, video, audio or other multimedia content, software or other information or material submitted by you or other users to the Site;

You or your means the person accessing or using the Site or its Content.

  • Your use of the Site means that you must also comply with our Acceptable Use policy, our Privacy policy, our Cookie policy and our Online terms and conditions for the supply of goods or services, where applicable.

  • Using the Site

    • The Site is for your personal use only.

    • You agree that you are solely responsible for any costs and expenses you may incur in relation to your use of the Site.

    • We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at hello@houseofpossibility.com.

    • We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

  • Ownership, use and intellectual property rights

    • This Site and all intellectual property rights in it including but not limited to any Content are owned by House of Possibility Ltd. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owner of them and free to use them as we see fit.

    • Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site.

  • Submitting information to the Site

    • While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not submit to the Site any information that you regard as confidential, commercially sensitive or valuable.

    • We may use any Submissions as we see reasonably fit on a free-of-charge basis. We shall not be legally responsible to you or anybody else for any use of Submissions.

  • Accuracy of information and availability of the Site

    • While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.

    • We may suspend or terminate operation of the Site at any time as we see fit.

    • Content is provided for your general information purposes only and to inform you about us and our products, news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

    • While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

  • Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

 

Acceptable Use Policy

  • Acceptable use

    • As a condition of your use of the Site, you agree:

      • not to use the Site for any purpose that is unlawful under any applicable law or prohibited by these Terms;

      • not to use the Site to commit any act of fraud;

      • not to use the Site to distribute viruses or malware or other similar harmful software code;

      • not to use the Site for purposes of promoting unsolicited advertising or sending spam;

      • not to use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);

      • not to use the Site in any manner that disrupts the operation of our Site or business or the website or business of any other entity;

      • not to use the Site in any manner that harms minors;

      • not to promote any unlawful activity;

      • not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;

      • not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks; and

      • not to attempt to circumvent password or user authentication methods.

    • Interactive services

      • We may make interactive services available on the Site, for example areas where you can comment on Content.

      • We are not obliged to monitor or moderate Submissions to our interactive services. Where we do monitor or moderate Submissionswe shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.

      • We may remove or edit any Submissions to any of our interactive services whether they are moderated or not.

      • Any Submission you make must comply with our Submission standards set out below.

    • Submission standards

      • Any Submission or communication to users of our Site must conform to standards of accuracy, decency and lawfulness, which shall be applied at our discretion, acting reasonably. In particular, you warrant that any Submission or communication is:

        • your own original work and lawfully submitted;

        • factually accurate or your own genuinely held belief;

        • provided with the necessary consent of any third party;

        • not defamatory or likely to give rise to an allegation of defamation;

        • not offensive, obscene, sexually explicit, discriminatory or deceptive; and

        • unlikely to cause offence, embarrassment or annoyance to others.

      • Linking and framing

        • You may create a link to our Site from another website without our prior written consent provided no such link:

          • creates a frame or any other browser or border environment around the content of our Site;

          • implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site;

          • displays any of the trademarks or logos used on our Site without our permission or that of the owner of such trademarks or logos; or

          • is placed on a website that itself does not meet the acceptable use requirements of this Policy.

        • We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.

      • Using our name and logo

        • You may not use our trademarks, logos or trade names except in accordance with these Terms.

      • Breach

        • We shall apply these Terms in our absolute discretion. In the event of your breach of the Terms we may terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions to law enforcement authorities or take any action we consider necessary to remedy the breach.

      • Limitation on our liability

        • Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:

          • losses that:

            • were not foreseeable to you and us when these Terms were formed; or

            • that were not caused by any breach on our part

          • business losses.

        • Variation

        •  

No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

  • Disputes

    • We shall try to resolve any disputes with you quickly and efficiently.

    • If you are unhappy with us please contact us as soon as possible to let us know.

    • If you want to take court proceedings, courts of England and Wales will have exclusive jurisdiction in relation to these

  • Your Responsibilities

    • We provide coaching, Emotional Freedom Therapy and manifestation techniques among others to support your growth. We are an ecosystem that joins together in joy to create a lifestyle of infinite possibilities. Your sessions with us may involve some or all of these treatments. Poppy has a First BA Degree in Cultural Psychotherapy. She is a long-time energy worker and trained in EFT. These treatments and therapies are not licensed or regulated by a government body; they are self-regulated. We are not medical doctors or trained psychiatrists or psychologists and as such our techniques should not be considered a substitute for a doctor or trained therapist.

Last updated September 11, 2023. 

You can find archived copies of our Terms at https://www.houseofpossibility.com/ts-cs

Welcome to the Rapid Tapping App! The Rapid Tapping Application (“Rapid Tapping App”) is an online wellness and positive mental health platform.

These are the terms (“Terms”) which apply to any web-based application, including the Rapid Tapping App, operated by House of Possibility Limited (company number 12135300), a company registered in England and Wales with registered office at Garden House, Bayham Abbey, Lamberhurst, Tunbridge Wells, TN3 8BG, England (“HoP”, “we”, “us” or “our”).  

When you access our platform, the Rapid Tapping App, website, social media, community channels and other websites that we may operate from time to time (Site), use the services at the Site (“Services”) or purchase our products (“Products”), these Terms will apply. 

By using our Services, you are also agreeing (i) that you have read and understood our Privacy Policy which sets out how we collect, process and use your information; and (ii) to our Medical Notice and Disclaimer in Section 2 below.

Please read these Terms carefully before you start to use our Site and Services. If you do not agree to these Terms, you must not use our Site and Services.

These Terms are divided into the following sections:

  1. GENERAL
     

  2. MEDICAL NOTICE & DISCLAIMER
     

  3. RAPID TAPPING APP TERMS
     

  4. TERMS OF USE

 

  1. USER CONTENT AND CONTRIBUTIONS AND SOCIAL MEDIA
     

  2. LIABILITIES AND INDEMNITIES
     

  3. MISCELLANEOUS
     

  4. HOW TO CONTACT US

1. GENERAL

1.1 By using our Site and Services, you are agreeing to these Terms and representing that you are at least 16 years old and that if you are between 16 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Site and Services.

1.2 We reserve the right to amend or change these Terms at any time without notice.  By using the Site and Services after any changes have been posted, you agree to any new terms. 

1.3 We may suspend, restrict or terminate your account and your access to our Site and Services with or without notice if we believe that you have breached these Terms. 

2. MEDICAL NOTICE & DISCLAIMER

2.1. As part of our Services, you will have access to health, fitness and wellbeing information and will be able to participate in activities and any other products and/or services which are provided by via the Site (the “Session(s)”). You acknowledge and agree that such information and the Sessions are designed for educational and information purposes only and you will not rely on the information or Sessions as a substitute or replacement for professional medical advice or treatment. You accept that the use of our Services is solely at your own risk. 

2.2. You acknowledge and you understand that it is your responsibility to consult with your doctor prior to participating in the Sessions to ensure that you are fit and well enough to take part, and that your participation in the Sessions will not pose any risks to your health and wellbeing. By accessing our Services and taking part in any of the Sessions, you warrant and represent that you are fit, healthy and able to take part in the Sessions and you accept that you do so voluntarily and entirely at your own risk.

2.3 The Site, including the Rapid Taping App, and the Services are provided for general educational and information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Site, including the Rapid Taping App, or the Service. We do not operate, control or supply any information, product, or service that is not clearly identified as supplied by us.  Always seek the advice of qualified professionals if you are in doubt about your healthcare advice, diagnosis or treatment. Never disregard professional medical advice or delay in seeking it because of information you access on or through the Site, including the Rapid Taping App and the Services.

2.4 To the fullest extent permitted by law, you hereby waive, release, covenant not to claim, and discharge HoP and any of our affiliates, directors, officers, employees, contractors, agents, insurers or suppliers from any and all liability, now or in the future, for any claims or conditions arising out of your participation in any of the Sessions.

2.5 The Site, including the Rapid Tapping App, is not customised to comply with industry-specific regulations, including in the United States, the Health Insurance Portability and Accountability Act (HIPAA) and the Federal Information Security Management Act (FISMA) and any other applicable law and regulation. If your use of our Site, the Rapid Tapping App or our Services would be subjected to such laws, you may not use the Site, the Rapid Tapping App or our Services. For users in the United States, you may not use the  Rapid Tapping App in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2.6 You acknowledge and understand that operating machinery while using the Rapid Tapping App poses inherent risks. The Rapid Tapping App may provide audio content that could distract or divert your attention, potentially leading to accidents, injuries, or damage to machinery and property. You agree that it is your responsibility to exercise caution and prioritise safety when using the Rapid Tapping App in any environment involving machinery. The Rapid Tapping App's audio content, including but not limited to podcasts, music, or spoken instructions, is not intended to be a substitute for your full attention and focus while operating machinery. We do not warrant the accuracy, completeness, or usefulness of the Rapid Tapping App's audio content for machinery-related activities. It is strongly recommended that you do not use the Rapid Tapping App while operating machinery or engaging in any activity that requires your full attention for safety reasons. Prioritise the safe operation of machinery and follow all safety guidelines, protocols, and legal requirements.

2.7 Although we make reasonable efforts to update the information provided by the Site, including the Rapid Tapping App, and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

3. RAPID TAPPING APP TERMS 

3.1 Using the Rapid Tapping App

3.1.1 By downloading the Rapid Tapping App from Apple's software distribution platform (“App Store”) and/or Google's software distribution platform (“Play Store”, together with the App Store are the “Services”), and any update thereto (as permitted by these Terms), you agree to be bound by all of the Terms. The Services are not a party to our agreement with you and are not bound by any provisions or obligations with regard to the Rapid Tapping App, such as warranty, liability, maintenance and support thereof. We, not the Services, are solely responsible for the Rapid Tapping App and the content thereof.

3.1.2 These Terms may not provide for usage rules for the Rapid Tapping App that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ('Usage Rules'). 

3.1.3 The Rapid Tapping App when purchased or downloaded through the Services, is licensed to you for use only in accordance with these Terms. We reserve all rights not expressly granted to you. 

3.1.4 The Rapid Tapping App is to be used on devices that operate with Apple's operating systems ('iOS' and 'Mac OS') or Google's operating system ('Android').

3.2 Account Registration

3.2.1 In order to access the Services, you will need to register for an account and have a valid subscription. 

3.2.2 All information that you provide when opening an account must be accurate and up to date, including your name, address, credit or debit card numbers and expiration dates, and any other payment information. You must notify us about any changes, if your payment method is cancelled or if you become aware of a potential breach of security such as the unauthorised disclosure or use of your username or password.

3.2.3 You agree that you will take all steps necessary to protect your login details and keep them secret. You agree that you will not share your details or allow someone else to use your account. If you do not keep your login details secret, or if you share your account or details with someone else, you accept full responsibility for the consequences (including being charged for additional subscriptions).

3.2 Purchasing subscriptions 

3.2.1 You can purchase a subscription through the Services. 

3.2.2 We accept payment from the payment options shown at checkout, including Visa, Mastercard and American Express. We reserve the right to check the accuracy and validity of the payment method used, including its credit status in relation to the order value. We may refuse orders depending on the result of these checks.

3.2.3 We reserve the right to change our prices at any time. Prices of subscriptions may vary depending on the type of subscription and the country where you are located.

3.2.4 If the credit card that you use to pay is denominated in a currency other than British pounds sterling (GBP), you acknowledge that you may be charged additional administrative and/or currency conversion fees by the applicable bank or service provider, for which you will be responsible.

3.2.5. From time to time, we may ourselves or through our partners offer free trials to new users. Each person is entitled to no more than one free trial. 

3.2.6. If during the free trial sign up you choose a subscription and provide payment details to us, you will automatically be charged for the full price of the chosen subscription when the free trial ends, unless you cancel beforehand. 

3.3 Renewals, Cancellations & Refunds 

3.3.1 Where you have subscribed for the Services directly through our website, you have 14 days after signing up (the “Cancellation Period”) to change your mind and cancel without being charged. Where you have signed up for a free trial, you can cancel any time before the end of the free trial period and you will not be charged. Please note that you may lose any right of withdrawal that you have if you have used the Services during the Cancellation Period or the free trial.

3.3.2 Following expiry of the Cancellation Period or any free trial, subscriptions are non-refundable and there is no right to refunds or credits unless required by law.

3.3.3 Your subscription will automatically renew unless you cancel. You may cancel your subscription at any time. Cancelling your subscription will take effect at the end of the current subscription period and no future payments will be taken. You will not receive a refund for any unused portion of your subscription.

3.3.4 Once you have cancelled, unless otherwise stated, you can continue using the Services until the end of your current subscription period. 

3.3.5 Where you have subscribed through a Service, you must cancel directly with them. 

3.3.6 If we suspend or terminate your subscription pursuant to these Terms, you may lose the remainder of any subscription and we will not refund you for the remaining term. 

4. TERMS OF USE 

4.1 Licence

4.1.1 Subject to your compliance with these Terms and for so long as you are permitted by us to access the Site and use the Services, we grant you a limited, non-transferable, non-exclusive, non-sublicensable, revocable licence to access the Site and use the Services for your own personal, non-commercial purposes. This licence includes the right to download and install the Rapid Tapping App on any Devices that you own or control and as permitted by the Usage Rules and to view any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Site and Services. The Rapid Tapping App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

4.1.2 These Terms will also govern any updates of the Rapid Tapping App provided by us that replace, repair, and/or supplement the first application, unless a separate licence is provided for such update, in which case the terms of that new licence will govern the update.

4.1.3  You may not share or make the Site available to third parties (unless to the degree allowed by the Usage Rules and with our prior written consent), sell, rent, lend, lease or otherwise redistribute the Site, Rapid Tapping App or the Services.

4.1.4 Except as expressly permitted by these Terms, you will not reproduce, transfer, reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Site, Rapid Tapping App, Services or any part thereof or any content or materials within them, not will you take any measures to interfere with or damage the Site, Rapid Tapping App or the Services.

4.1.5 You will not copy (excluding when expressly authorised by these Terms and the Usage Rules) or alter the Site, Rapid Tapping App, the Services or portions thereof. You may create and store copies only on devices that you own or control for backup in accordance with these Terms, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Site, including the Rapid Tapping App from the Devices before doing so.

4.1.6 Your rights under these Terms will terminate automatically and without notice from us if you fail to adhere to any provisions of these Terms. Upon termination, you shall stop all use of the Site, including the Rapid Tapping App, and destroy all copies, full or partial, of the Site, including the Rapid Tapping App.

4.2 Intellectual Property Rights

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the Products, Site (including the Rapid Tapping App) and Services and all material or content supplied as part of the Products, Site and Services will remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us in accordance with these Terms. All rights not expressly granted by us in these Terms are reserved.

4.3 Availability

4.3.1 We cannot guarantee that you will have uninterrupted access to the Site and our Services at all times. While we will make all effort to avoid it, access may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of our control. We do not guarantee that the Site, including the Rapid Tapping App, will be secure or free from bugs or viruses.

4.3.2 The inclusion of any products or services on Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any Products or Services at any time.

4.3.3 You may be required to download and install updates to the Rapid Tapping App to maintain access to our Services. Failure to do so may result in certain features and services being unavailable or adversely affected.

4.4  Accuracy

We try to be as accurate as possible on the Site about the Services and Products including pricing, availability of size, colour and type, quantity of stock available and any descriptions. However, while try our best to ensure that product information on our website is correct, it is possible that the Site may contain errors or inaccuracies. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice.

4.5 Prohibitions

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Products, Services or Site: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way to affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site, Services or any related website, other websites, or the Internet. 

4.6 External links

We may provide links to other websites from time to time. These links are provided for your convenience. We do not endorse or take responsibility for the content of those websites, are not responsible for the availability of those websites and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked websites you do so at your own risk.

4.7 Technical Requirements

4.7.1 We will use all reasonable efforts to keep the Rapid Tapping App updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

4.7.2 You acknowledge that it is your responsibility to confirm and determine that the Device on which you intend to use the Rapid Tapping App satisfies the technical specifications mentioned above.

4.7.3 We reserve the right to modify the technical specifications of the Site, including the rapid Tapping App as we consider appropriate at any time.

4.7.4 We are not obligated to provide any maintenance, technical or other support for the Site, including the Rapid Tapping App.

4.7.5 You acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Rapid Tapping App.

5. USER CONTENT AND CONTRIBUTIONS AND SOCIAL MEDIA

5.1 The Rapid Tapping App does not offer users the ability to submit or post content (“User Content”). However, we may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Rapid Tapping App including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). 

5.2 Contributions may be viewable by other users of the Rapid Tapping App and through third-party websites or applications. As such, any Contributions you transmit may be processed in accordance with our Privacy Policy

5.3 Any Contributions or other materials that you provide or make available through the Site or any social media channels of HoP, whether publicly posted or privately transmitted, is your sole responsibility. 

5.4 When you create or make available any Contributions, you represent and warrant that:

(i) all Contributions submitted are accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations including any laws and regulations applicable to the processing of personal data;

(ii) The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;

(iii) You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms;

(iv) You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms;

(v) Your Contributions are not false, inaccurate, or misleading;

(vi) Your Contributions are not solicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;

(vii) Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us);

(viii) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;

(ix) Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people;

(x) Your Contributions do not violate any applicable law, regulation, or rule;

(xi) Your Contributions do not violate the privacy or publicity rights of any third party;

(xii) Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;

(xiii) Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; and

(xiv) Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

5.5 Any use of the Site, including the Rapid Tapping App in violation of any of the foregoing provisions is a material breach of these Terms and may result in, among other things, termination or suspension of your rights to use the Site, including the Rapid Tapping App.

5.6 You grant us a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from the Contributions (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any moral rights (or equivalent rights) or rights of privacy or publicity in your Contributions. You represent that you own (or have all rights necessary to grant us the rights to use) all Contributions, and that we will not need to obtain licenses from any third party or pay royalties to any third party in order to use such Contributions.

5.7 If you make suggestions to us about improving or adding new features or products to the Products, Site or Services or you otherwise provide feedback, products or Services reviews or testimonials, to the extent any licence is required, you hereby grant to us a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise use your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.

5.8 We have no obligation to monitor, review, filter, moderate or remove any Contributions from the Site. Nevertheless, we reserve the right to take any such actions in our sole discretion.

6. LIABILITIES AND INDEMNITIES

6.1 The Site, Products and Services are provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Products, Site or Services, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

6.2 To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms, which may apply to the Services, Site or Products, whether express or implied. This does not affect your statutory rights as a consumer.

6.3 We will not be liable to you for any lack of performance, or the unavailability or failure of any of our Services or Site, or for any failure by us to comply with these Terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control. 

6.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-services attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any content from it, or on any website linked to it.

6.5 We will not be liable for any damage that may be caused to any device on which you access or use our Services that is caused in any way by our Services, unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the Services. 

6.6 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations or otherwise out of or in connection with these Terms for:

6.6.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); 

6.6.2 any loss of goodwill or reputation; or

6.6.3 any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms.

6.7 Nothing in these Terms limits or excludes our liability for: 

6.7.1 death or personal injury by our negligence; 

6.7.2 fraudulent misrepresentation; or

6.7.3 any other liability that cannot be excluded by law. 

6.8. Subject to the above, any liability we do have for losses you suffer is strictly limited to the purchase price and the losses that were foreseeable. Loss or damage is only foreseeable where they could be contemplated by you and us at the time of you agreeing to these Terms.

6.9 To the fullest extent permitted by law, you agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of: 

6.9.1 your breach of these Terms;

6.9.2. any allegation that any materials that you submit to us or post on our Services infringe or otherwise violate the intellectual property rights of a third party; and

6.9.3 your access or use of our Services.

 

7. MISCELLANEOUS

7.1 We collect personal information about you through your use of our Services. All information that we collect about you is subject to our Privacy Policy.

7.2 These Terms do not affect your legal rights. For further information about your legal rights, contact your local authority (for example, in the United Kingdom, this includes the Trading Standards Department or Citizen’s Advice Bureau).

7.3 If any part of these Terms is deemed to be unenforceable, the enforceability of any other part of these Terms will not be affected.

7.4 You may not assign, sub-licence or otherwise transfer your rights or obligations under these Terms to anyone else. You agree that we may assign or transfer any of our rights or obligations under these Terms without notice to you.

7.5 If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.

7.6 You must not use the Site if you are located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a 'terrorist supporting' country.

7.7 These Terms between you and us shall be governed by and interpreted in accordance with the laws of England and Wales. The courts of England and Wales shall have non-exclusive jurisdiction to resolve any claims, disputes or disagreements relating to these Terms.

8. HOW TO CONTACT US 

If you have any feedback, questions or complaints or any requests for technical support, then please e-mail us at: hello@rapidtapping.com. You can also write to us at Garden House, Bayham Abbey, Lamberhurst, Tunbridge Wells, TN3 8BG, England.

We do our best to respond to all queries as soon as possible but we cannot guarantee a response time.

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