Current as of 14 Nov 2024
Terms and conditions
Introduction
These Terms of Service (the "Terms") represent a legally binding contract between you (the “User”) and Rayda Inc. ("Rayda", "we" or "us"). By accessing or using content; Services and materials on Rayda's Website located at https://www.rayda.co/ (the "Website"), any of the services provided therein and the materials may include logos, text graphics, videos, images, photos, software and other content (collectively, the "Materials"), you agree that you have read, understood, accept and agree to be bound by these Terms.
By signing up for an account or by signing the order form, you accept and agree to be bound by the terms and conditions ("Terms of Service") set out in this Agreement. These Terms of Service are to be read in conjunction with:
• Our Privacy Notice, which sets out the terms on which we process any personal data we collect from you, or that you or others provide to us; and
These Terms of Service are important. Please read them carefully, as they contain details of our statutory and regulatory responsibilities to you and your contractual obligations to us. They also set out the basis on which we provide Services to you. You are permitted to use the various services made available on the Website and the mobile application known as 'Rayda' (together, the "Platform"), including the following:
• Leasing services;
• System location tracking;
• System health monitoring;
• Processing\payments; and
• Providing a communication platform between customers, asset Merchants, and agents (the "Services").
• Any new services, features, or tools added to the Platform from time to time shall be considered a Service and shall also be subject to these Terms of Service unless indicated otherwise.
Please note that to use our services you will be required to create a Rayda Account. If you do not agree to these Terms of Service, please do not create an account or use the Platform.
You can review the current version of the Terms of Service at any time on this page. We reserve the right to change the Terms of Service at any time by posting updates to this page. If we make substantial changes, or if we are required to do so by law, we will notify you of such change in advance to the email address associated with your Rayda account, but it is your responsibility to check this page from time to time to make sure you’re aware of any changes to these Terms of Service.
Definitions
• Agreement - this agreement entered into between you and us upon your registration as a User on the Platform and the card issuer’s acceptance of your registration, subject to these Terms & Conditions;
• Business Day - any day except Saturday, Sunday, and any statutory holiday or any day on which banking institutions are required by law or other governmental action to close;
• Charges - all sums payable with respect to Services through Rayda;
• Contracting partner - means anyone who enters into a contract with Rayda;
• Intellectual Property Rights - includes rights inherent in patents, copyrights, trademarks, trade secrets, design models, or other intangible property rights and applications to the ends of such rights which may be currently or in the future sought for;
• Introducer - a person or a company who introduces potential customers to Rayda and receives commissions for doing that;
• Merchant - a person or company who owns or lists Asset posted on the Platform
• Personal Information - Information of You, which includes company name, address, registration number, and any such information that can identify, portray or be reasonably linked to You or confirms your identity;
• Platform - means the domain(s) and mobile application(s) owned and operated by Rayda in which the Merchant lists its Assets and in which the Leasing takes place;
• Rayda Account - the account used for offering and sourcing Services in accordance with this Agreement, which is provided and maintained in your name or company’s name;
• Services - access to the Platform by You, payment services that You intend to procure, and customer support services offered to You by Us;
• Transaction Data - any information resulting from the processing of a transaction;
• User - any individual or business registering an Account on the Platform to access the Services.
• Website - the worldwide website operated by Rayda at http://www.Rayda.co or any replacement URL.
1. INFORMATION ABOUT US
Rayda owns and operates the Platform, a marketplace where Merchants can list their Assets and tools for lending and borrowing purposes (“Leasing”). We own, operate and manage the infrastructure to help people and businesses in all industries and work with key ecosystem players.
2. REGISTRATION
To use our Services, you must first register for an account on the Platform ("Rayda Account" or the “Account”). In the case of a company, by registering for a Rayda Account, you warrant that you have the authority to bind the company (as the contracting party) to these Terms of Service. In the case of an individual, by registering for a Rayda Account, you warrant that you are:
18 years of age or older;
You are not a criminal or have been convicted for committing a crime;
You hereby represent and warrant that the information you provide to Rayda upon registration and at all other times will be true, accurate, current, and complete. You will ensure that this information is kept up-to-date at all times.
You are responsible for any use of our Services with your Rayda Account details and password and for protecting your Rayda Account details and password from unauthorised use. You must not share this information with any other person. You are also responsible for the security of any computer on which you choose to sign in to your Rayda Account.
You warrant that if you are acting on behalf of your company in dealing with Rayda, you have the capacity to act in such manner and capacity.
If we have previously deactivated a Rayda Account due to your violation of these Terms of Service (or earlier versions thereof), we reserve the right to refuse to register you or to delete your Rayda Account.
PRIVACY AND YOUR INFORMATION
See our Privacy Notice, which is incorporated into these Terms of Service by reference, for more information about how we will process your personal data.
4. CHANGE OF INFORMATION
The User may notify us in writing at any time and from time to time of a change in any information provided to us at registration, including your address. We may be unable to respond if you contact us from an address, telephone number, or email account not registered with us.
5. ACCESS TO THE PLATFORM
Rayda will make reasonable efforts to make the Platform and Services available 24 hours a day, 7 days a week. Notwithstanding this, you hereby acknowledge that your use of the Platform and the Services may be interrupted from time to time, for example, when we perform maintenance services or as a result of delays or delivery failures resulting from the use of communications networks and facilities.
Access to the Platform and use of the Services is provided on an “as is” basis, which means that we do not warrant the Platform or Services will be error-free at all times, and we shall not be liable to you for failure of the same.
6. LINKS TO OR CONNECTIONS WITH THIRD-PARTY SITES OR APPLICATIONS
Our Services or communications to you may contain third-party content or links to third-party sites, applications, or services (collectively, "Third Party Content''). Our Services may also include features that allow you to connect your Account with accounts or services provided by third parties, such as accounts you maintain with financial institutions or social media platforms like Facebook (collectively, "Third Party Services"). We do not control, maintain, or endorse Third Party Content or Third Party Services, and we are not responsible for Third Party Content or Third Party Services, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or Third Party Services. Your interactions and business dealings with the Third Party Content or Third Party Services providers, including products or services offered by such third parties, are solely between you and the third party. You should review all of the relevant terms and conditions associated with Third Party Content or Third Party Services, including any privacy notices and terms of service. We are not responsible for any information you agree to share with third parties connected with Third Party Content or Third Party Services. Any links or advertisements on this Website should not be taken as an endorsement by us.
7. ASSET MERCHANTS
Merchants post assets on Rayda to allow Customers to lease their assets.
Merchants may also offer add-ons to customers in addition to their assets.
Each Asset you list and successfully confirm accredits your account with a revenue equal to 90% of the lease amount.
Rayda retains the right to use all publicly listed assets for Rayda's marketing and promotional purposes.
Rayda accredits Merchants once a booking is confirmed. See our "Booking" section below for a definition of a completed order.
For more information about receiving payments, fees, and taxes, see the Payment Terms.
The Merchant's rating is calculated based on the confirmed booking reviews posted by Customers or Business Account Team Members. High ratings allow Merchants to obtain advanced stars (see Ratings below). In certain cases, exceedingly low ratings may lead to the suspension of the Merchant’s account.
For security concerns, Rayda may temporarily disable a Merchant’s ability to access revenue to prevent fraudulent or illicit activity. This may result from security issues, improper behaviour reported by other Users, or associating multiple Rayda accounts to a single withdrawal provider.
Merchants are responsible for obtaining a general liability insurance policy with coverage amounts sufficient to cover all risks associated with their leasing services.
Assets uploaded on Rayda are User Generated Content.
Rayda may remove Assets and/or Users from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
Illegal or Fraudulent services
Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service
Adult-oriented services, Pornographic, Inappropriate/Obscene
Intentional copies of Assets
Spam, nonsense, or violent or deceptive Posts
Assets misleading to Customers or others
Rental of regulated items
Exceedingly low-quality Assets
Promoting Rayda and/or Rayda Assets through activities prohibited by any laws, regulations, and/or third parties' terms of service and through any marketing activity that negatively affects our relationships with our Users or partners.
Assets removed for violations mentioned above may result in the suspension of the Merchant’s account. The Assets removed for violations are not eligible to be restored or edited. Assets may be removed from our Search feature due to poor performance and/or User misconduct.
Assets are required to have an appropriate Asset image related to the leasing service offered. An option to upload multiple additional item images is available to all Merchants. The Merchants must deliver the same quality of leasing service as shown on their item images. Recurring deliveries that don’t match the quality shown on the item images may lead to the Merchant’s account being permanently disabled from posting items.
The statements on the item page that undermine or circumvent these Terms of Service are prohibited.
Certain services are available only to Premium Merchants after they create an Account. We will provide the Services using reasonable skill and care and in accordance with our legal and regulatory obligations. We reserve the right (without affecting your rights or our other rights) to suspend your access to or use of the Services (including by deactivating your Rayda Account) without notice if you break these Terms of Service or if we have a good reason to think you have or will break them. Please note below the additional terms and conditions that apply to your use of particular Services.
7.1. Rayda ID
Rayda is about helping Merchants extend their reach. We seek to empower top-performing Merchants with helpful tools to grow their businesses. Merchants who invest in self-promotion may achieve greater customer satisfaction. And if they deliver and maintain high-quality items and ratings, Rayda may reward them with new statuses, special opportunities, benefits, and tools that come with them.
Rayda Merchants can gain account Levels based on their activity, performance and reputation.
Advancements in Levels are updated periodically by an automated system.
The current ratings a lessor can achieve are 1, 2, 3, 4 and 5 stars.
Merchants who cannot maintain their high-quality service experience a severe drop in ratings or risk losing their account status and the benefits that come with it.
Advanced stars provide their Merchants' with additional benefits, including offering Assets at higher prices and access to premium views.
Premium Merchants are chosen manually by Rayda editors through an ongoing review process based on seniority, volume of bookings, extremely high ratings, exceptional customer care, and industry leadership. Premium Merchants gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
Rayda constantly evaluates premium eligibility to ensure the Premium selection's lease quality standards and expectations are met. Rayda retains the right to change a Premium Merchant status in light of such evaluation. In addition, Premium Merchants who cannot maintain their high-quality service through a severe drop in ratings, an increased cancellation rate, or a violation of our Terms of Service and/or our community standards also risk losing their Premium status and the benefits that come with it.
7.3. Shipping Assets
Some of the Asset on Rayda are delivered physically. For these types of Assets, Merchants may decide to define a freight pricing factor.
The Assets with a shipping pricing factor must have physical deliverables delivered to Customers.
Shipping costs added to an Asset only pertain to the cost the Merchant requires to ship physical items to Customers.
Important: Customers leasing items requiring physical delivery will be asked to provide a shipping address.
Merchants are responsible for all freight arrangements once the Customer provides the shipping address.
Rayda does not handle or guarantee shipping, tracking, quality, or condition of items or their delivery, and shall not be responsible or liable for any damages or other problems resulting from shipping.
A tracking number is a great way to avoid disputes related to shipping.
8. ADVERTISEMENT
Rayda provides a resource where Assets can conveniently be viewed. Rayda’s role is limited to providing the Services necessary to publish information on items offered for lease provided by the Merchants.
Rayda is not responsible for errors in information about Assets on the Services. You accept that the information in this Website is provided “as is, where is”, is intended for informational purposes only, and is subject to change without notice. Although we take reasonable steps to ensure the accuracy of the information and we believe the information to be reliable when posted, it should not be relied upon, and it does not in any way constitute either a representation, a warranty, or a guarantee. We do not evaluate Assets or act as specialists or experts on any related subject matter. We do not make any warranties or representations of any kind or nature with respect to Assets (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin, safety, fitness for purpose, or availability for lease).
Whilst Rayda facilitates electronic or other communications between the Merchants, Agents and Customers , it accepts no liability regarding the availability or performance of such services.
Certain products you lease through the Platform may be subject to additional terms and conditions presented to you when leasing.
9. ORDERS
Once payment is confirmed via Rayda, your order will be created and given a unique Rayda order number.
The Merchants & Agents must deliver items/properties according to the terms and conditions; and the rental service requested and advertised on their Advert.
Payments from the lease will typically be sent to you between 7 - 14 days after the Customer's scheduled pickup time. Exactly when the funds arrive in your account depends on your selected payout method.
We encourage our Users, Agents and Merchants to try and settle conflicts among themselves. If this fails, Users can contact Rayda's Customer Support for assistance.
Assets may require Customers or item Merchants/Agents to meet in person for the Merchants to provide the leasing services. In such cases, stakeholders should note that Rayda does not guarantee the behaviour, conduct, safety, suitability, or ability of either Customers or item Merchants. You (Customers or item Merchants) agree that the entire risk arising out of this meeting and/or the provision of leasing services remains solely with them, and Rayda has no responsibility or liability related to any leasing services provided by the item Merchants. If the service is delivered on the Customers' premises, Customers are encouraged to maintain proper insurance policies to cover their liability as the premise Merchant. Rayda's Terms of Service and Community Standards remain applicable to Bookings that are performed outside of the marketplace (including, among others, the below restrictions on Unlawful Use, Inappropriate Behaviour & Language, and Targeted Abuse).
10. DISPUTES AND CANCELLATIONS
As Users, you may use the Platform to pay/receive payment from Agents or Asset Merchants. We are only responsible for facilitating cash payments between Users managed by Rayda and external Asset Merchants.
We encourage our Users, Agents and Merchants to try and settle conflicts among themselves. If this fails, Users can contact Rayda's Customer Support for assistance.
11. CHARGES
We shall charge you a commission of 1.5% of the total value of the Asset lease in respect of each service and any value-added services on Rayda’s platform.
In the case of promotions funded by Rayda, commissions may be calculated based on the selling price, being the price set by the merchant.
We reserve the right to charge commissions and/or fees in the event that the sale is not completed, as consideration for the costs of our services rendered.
We may vary commissions and/or fees from time to time, on prior notice to you. This will not affect any liability to pay commission that accrues before the new rates are posted or for services that have been previously paid.
12. PLACING ASSETS FOR LEASE
The Merchant must place the Asset for lease in the appropriate category with a correct and complete written and illustrated description. This shall include an accurate indication of all the essential properties and features required to make a purchase and any defects likely to reduce the asset's value, i.e., a truthful statement of its actual condition. The Merchant may give Users full information as to who owns the Asset for lease, the Merchant's right to put it up for lease, and the collection details.
The description and images must not violate third-party rights and must refer solely to the object under tender (original photographs). Descriptions, drawings and photographs shall not contain any advertising for anything other than the object under tender, especially not including links to a personal website, telephone numbers, etc.
13. PLACEMENT
By placing an Asset on the Platform, the Merchant declares their prior acceptance of the lease request as long as the request meets the minimum stipulated price. The Merchant also expressly declares their agreement to lease the Asset to the lessee.
14. INTRODUCER ARRANGEMENTS
A third party may have introduced you to us and for this, the Introducer may be paid a commission by Rayda. Similarly, we may introduce you to other third parties, for which the third party may pay a fee to us.
15. YOUR USE OF THE WEBSITE & SERVICES
15.1 You shall not:
Licence, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit, or otherwise make the Platform or any of the Services available to any third party;
Access or use all or any part of the Platform or the Services in order to build a product or service which competes with the Services, or for the purposes of monitoring the Services’ availability, performance or functionality;
Use the Platform or any of the Services to provide services to third parties (unless those third parties also have Rayda Accounts and such use is in accordance with the intended and usual purpose of the Services), or permit the Platform or the Services or any part of them to be combined with, or incorporated into, any other service or program;
Attempt to copy, modify, duplicate, create derivative works of, frame, mirror, republish, download, display, transmit or distribute all or any portion of the software applications used by us as part of the Platform or any of the Services (except as may be allowed by any applicable law incapable of exclusion);
Attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the software applications used by us as part of the Platform or any of the Services (except as may be allowed by any applicable law incapable of exclusion);
Attempt to obtain, or assist third parties in obtaining, unauthorised access to the Platform or Services;
Interfere with or disrupt the Platform or the Services, or use or access the Platform or the Services in a manner that unfavourably affects the performance or proper functioning of the Platform and the Services, or any computer systems or networks used by the Platform or the Services;
Use any robot, spider or other automatic device or process to send or redirect messages, or monitor, download, copy or keep a database copy of any of the content transmitted to or made available through the Platform or the Services;
Access, store, distribute or transmit any computer viruses, Trojan horses, worms, time bombs or any other harmful or deleterious software programs during the course of your use of the Platform or Services;
Remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or the Services (whether ours or our licensors');
Remove, cover or otherwise obscure any form of advertisement included on the Services;
Collect, harvest, use, copy, share or transfer any information, including but not limited to personal data, obtained from the Services (excluding your User Content (as defined in Section 22 ‘User Content’), and unless the Merchant of such information has expressly permitted the same); or
Use the Platform or the Services or any aspect or feature thereof for any, illegal, unlawful or fraudulent purpose or in any way that might cause harm to us or any other person.
16. PROHIBITED CONTENT
You shall not submit or transmit any information, data or content such as text, documents, photos, audiovisual content and other media content (including all information submitted to us by you for the purpose of creating your Rayda ID as well as all Contributions as defined in Section 11 'Contributions' below) ("User Content") during the course of your use of the Platform or Services that:
Is fraudulent or unlawful;
harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
Infringes, misappropriates or violates a third party’s rights, including intellectual property rights or rights of publicity or privacy;
Facilitates illegal activity;
Depicts sexually explicit images;
Promotes unlawful violence;is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;
Breaches any legal duty owed by a third party, such as a contractual duty or a duty of confidence;
Promotes the business of a third party (other than in the usual course of use of the Services, for example, placing a review of a Letting Agent); or
Deceives any person, impersonates any person, or misrepresents your identity or affiliation with any person.
In addition, all User Content must be accurate (where it states facts) and be genuinely held (where it states opinions).
17. CONTENT DISPLAY AND ADDITIONAL SERVICES
Subject to the payment of all applicable Fees, The Assets are initially displayed as a result of searches carried out by Website Users by reference to one or more objective criteria that are extracted from the Content. Rayda reserves the right to change the objective criteria that are used to order the initial search results from time to time. Following a search by a User, each User may adjust the order in which properties are displayed according to their own unique requirements.
If a Merchant wishes to improve the visibility of their Assets, Rayda offers a range of add-on services to facilitate this and which may be purchased at an additional cost to the Merchant's standard Fee. The nature of these add-on services changes and develops over time and so to find out more about the options which are currently available, Members should contact Rayda.
18. INDEMNITY
You agree to indemnify us (which means compensate us) and hold us harmless against any costs, expenses, liabilities, damages, or losses suffered or incurred by us in connection with your breach of these terms and conditions. The Asset Merchant shall indemnify Rayda from all claims that other Users or third parties may make against Rayda, whether through violation of their rights in the lease and subject matter a User places on the Website. The Merchant shall also bear the costs of any legal defence Rayda may require, including all court and solicitor's costs. This shall not apply if the User is not responsible for the infringement.
19. DISCLAIMER
The Website (including all content on it) is provided by us on an "as is" and "as available" basis, and we make no representations, guarantees, or warranties of any kind, either express or implied, including without limitation, warranties as to quality, suitability for any purpose, compatibility, reliability, accuracy, completeness, timeliness, access, or use. It is your responsibility to evaluate the quality, suitability, accuracy, completeness, and reliability of our Websites and any information or content contained therein. We accept no responsibility and make no representations, guarantees, or warranties that the Websites will operate continuously, without interruptions or be fault-free. We may need to make the Websites unavailable with or without notice to carry out maintenance or upgrade work. We accept no liability for any interruption or loss of service.
Any value estimates provided on our Websites are intended for general interest and information purposes only and should not be relied upon for any commercial transaction or similar use. These estimates are based on publicly available information, which may need to be more accurate or complete, and typical factors in certain locations. They will not take into account any factors that are unknown to us and should only be used as a general estimate. None of the information available on our Websites is intended to be a substitute for independent professional advice and Users are recommended to seek advice from suitably qualified professionals such as surveyors and solicitors if relevant to their particular circumstances. We shall not be liable for any losses suffered as a result of relying on our value estimates.
Asset descriptions and other information provided on our Website are intended for informational and marketing purposes, and while displayed in good faith, we will not under any circumstances accept responsibility for their accuracy. The Asset ad pages on our Website do not constitute Asset particulars, which should be available directly from the person marketing the Asset. It is the responsibility of the prospective lessor and lessee to satisfy themselves as to the accuracy of any Aset descriptions displayed, and it is the responsibility of agents to ensure the accuracy and integrity of Asset descriptions provided on our Website and in any Asset particulars.
Nothing in these Terms of Use excludes or limits our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation, or any other liability that is not subject to exclusion or limitation under the laws of the state of Delaware, USA.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
20. LIMITATION OF LIABILITY
Our liability to you is limited.
We will not be liable to any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
If you are a business User, please note that in particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
any delay, error or omission regarding the contents of the Site;
any information provided being corrupted, wrong or inaccurate; or
the acts or omissions of you or any third parties, including, but not limited to, the act or omissions of third parties in making the Site and providing information to be used on the Site.
We assume no responsibility for the content of websites linked to our site. Such links should not be interpreted as endorsements by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
21. USER CONTENT
All personal data will be processed in accordance with our Privacy Policy and any other User Content will be considered non-confidential and non-proprietary unless you specifically advise us otherwise in writing.
You shall have the sole responsibility for the legality, reliability, integrity, accuracy and quality of your User Content, including its compliance with the content standards set out in Section ‘Prohibited Content’ above, and agree to promptly update or correct any such User Content on becoming aware of any errors or inaccuracies.
We have no obligation to monitor, censor or review User Content and its compliance with the content standards set out in ‘Prohibited Content’ above, but we reserve the right to do so. We further reserve the right to remove, edit or decline to display any User Content without notice or to require you to amend your User Content at any time if we consider, or have reason to believe, that such User Content does not comply with the above content standards.
22. INTELLECTUAL PROPERTY
You acknowledge that all intellectual property rights in the Platform and the Services anywhere in the world belong to us or our licensors, and that you have no rights in or to the Platform or the Services other than the right to use each of them in accordance with these Terms of Service.
You retain all Merchantship rights in your User Content (as defined in Section "Prohibited Content" above), but you are required to grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with our performance of the Services and provision of the Platform and (where relevant) other online platforms.
23. CONTRIBUTIONS
When you submit any ideas, suggestions, documents and/or proposals relating to the Services (or other products or services) to Rayda through the "Contact Us", the Support interfaces, or through any other channel or mechanism (collectively "Contributions"), you acknowledge and agree that:
Rayda shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way;
to the extent there are any intellectual property rights subsisting in your Contributions, that hereby grant us a worldwide, perpetual, non-exclusive, transferable and irrevocable licence (with a right to sub-licence) under such rights to use and exploit the Contributions without limitation or restriction; and
you are not entitled to any compensation or reimbursement of any kind from Rayda under any circumstances.
You agree to the following limitations on our liability to you:
Exclusion of certain losses: Rayda shall not be liable to you for any loss of profits, business, anticipated savings, goodwill or business opportunity, business interruption, loss or corruption of data or information (subject to our liability to you as data controller of personal data), or for any special, indirect or consequential loss or damage, howsoever arising under these Terms of Service;
Cap on liability: Rayda’s maximum aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms of Service shall be limited to liability to the greater of: (a) N10,000; or (b) the aggregate of the amount (if any) paid by you to us in the 6 months immediately preceding you bringing a claim against us.
Further, due to the nature of the Platform, the Services and the online environment, we do not take responsibility for the following:
Network problems: the transfer of content and data over communication networks and facilities, including the internet, is subject to limitations, delays and other problems inherent in the use of such communication facilities. We are not responsible for any loss, damage, delay or failure resulting from such transfers or any other event beyond our reasonable control;
Results of Services: you assume full responsibility for results achieved or obtained from the use of the Services, and for conclusions drawn from such use. We do not warrant that the Services or any information obtained by you through the Services will meet your particular requirements; and
Your actions, instructions and breach: Rayda shall have no liability for any loss or damage caused by errors or omissions in any content or information provided by you to Rayda in connection with the Services, or any action taken by Rayda as a result of your direction, or your breach of these Terms of Service.
Nothing in these Terms of Service shall exclude either party’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded such as under the rules and regulations of the Financial Conduct Authority.
All warranties, conditions, representations or other terms implied by statute or common law in relation to the Platform and any Services provided by us are excluded to the fullest extent permitted by law.
24. DATA PROTECTION
In the event that a contract is being concluded between the contracting parties on the Internet platform, Rayda will pass on the data they require to contact each other. The contracting partner in question shall agree to Rayda passing on their particulars (delivery address, bank account number) to the relevant partner to the contract during the whole process of leasing from the Platform, so the contract may be concluded. In this case, both Rayda and the Contracting Partner shall ensure the security of the personal data exchanged.
All parties to contracts are strictly prohibited from advertising with the postal or email addresses or the contact information thus obtained.
In addition, the contracting parties agree to their personal data—i.e., particulars collected and/or entered on the Rayda Platform during the registration process, the setting up and handling of a contract, or any other procedure being stored on Rayda servers. Rayda will only use and process this information to carry out the rights and responsibilities it has under the contract and in accordance with the Delaware Personal Data Privacy Act and the Privacy Notice on our Website.
25. TERMINATION
You may terminate these Terms of Service with us anytime, for any reason, by deactivating your Rayda Account and ceasing all use of the Platform and the Services. Please note that termination of these Terms of Service will not affect the validity of any Policy or lease agreement/arrangement that you have entered into.
We may terminate these Terms of Service with you and deactivate your Rayda Account immediately in the event you commit a material or persistent breach of these Terms of Service, the Services are discontinued, we lose the right to provide you with the Platform or any of the Services, or where the provision of the Platform or any of the Services becomes unlawful. We will use reasonable endeavours to provide you with notice in advance; however, you acknowledge that this may not be possible in all circumstances.
For the avoidance of doubt, termination of these Terms of Service will not result in the termination of any Asset leased by you or any lease agreement/arrangement entered into you by.
26. NOTICE
Rayda may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your Account, or written communication sent by first-class mail or pre-paid post to any address connected with your Account.
Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email or telephone). You may give notice to Us, with such notice deemed given when received by Rayda, at any time by first class mail or pre-paid post to our registered office address for service of process or email for general communication.
27. MISCELLANEOUS
27.1 Assignment and other dealings: You may not assign, transfer, sub-license or deal in any other manner with any or all of your rights or obligations under these Terms of Service without our prior written consent. We reserve the right to transfer, assign, sub-contract or deal in any other manner with any or all of our rights or obligations under these Terms of Service without notifying you or receiving your consent.
27.2 Waiver: If we do not insist immediately that you do anything you are required to do under these Terms of Service, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.
27.3 Third Party Rights: No one other than a party to these Terms of Service, their successors, and permitted assigns shall have any right to enforce any of its terms.
27.4 Entire Agreement: These Terms of Service, and all documents referred to in them, constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to their subject matter.
28. GOVERNING LAW/ JURISDICTION
These Terms of Service are governed by the laws of the laws of the State of Delaware, USA and you can bring legal proceedings in respect of any dispute or claim arising out of or in connection with these Terms of Service in the Delaware courts.
29. DISPUTE RESOLUTION
In any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the Parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate in good faith, recognise their mutual interests, and attempt to reach a just and equitable solution satisfactory to the Parties.
Where the Parties are unable to resolve the dispute within 14 days through negotiation, then, upon notice by any Party to the other Party, any disputes, claims, questions, or differences may be referred in the first instance to confidential mediation conducted by their representatives or financial representatives, where financial matters are involved.
This clause shall not preclude any party from obtaining interim relief from a court of competent jurisdiction.
30. FORCE MAJEURE
When circumstances beyond your or our control arise, we will both be temporarily relieved from performing our obligations under this Agreement.
The parties to this Agreement will not be responsible for any delay or failure to perform any obligation under this Agreement for a reasonable period due to labour disturbances, accidents, fires, floods, pandemics, telecommunications or Internet failures, strikes, wars, riots, rebellions, terrorism, blockades, acts of government, governmental requirements and regulations, restrictions imposed by law, or any other similar event beyond the parties’ reasonable control.
31. WAIVER AND SEVERABILITY
Our failure to act with respect to a breach of these Terms of Service will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. If any of these Terms shall be deemed invalid, void, or unenforceable under applicable law, then that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision of these Terms.
32. FEEDBACK
The User agrees to use commercially reasonable efforts to give Rayda feedback about the Services. The User also agrees that Rayda owns all comments, suggestions, and other feedback (collectively, "Feedback") about the Services the User gives to Rayda. The User shall and hereby irrevocably transfer and assign to Rayda all rights, titles, and interests it may have in such feedback, which Rayda hereby accepts.
If you have any complaints or reservations about us or any of the Services we provide, you may contact us at:
Address: 16192 Coastal Highway, Lewes, DE 19958, County of Sussex, Delaware, United States.
Email: Hello@rayda.co