This Agreement also provides the terms and conditions for Rain’s products and services and that of its financing partner which are non-banking financial companies (“Financing Partner”) offered or provided to You (each individually or collectively, as the case may be, the “Services”), including facilitation services provided by Rain through a digital platform for facilitating accrued wage financing.
YOU HEREBY AGREE, UNDERSTAND AND ACKNOWLEDGE THAT YOU SHALL BE BOUND BY THE TERMS CONTAINED IN THE AGREEMENT, AND USE AND ACCESS OF THE RAIN APP AND AVAILING SERVICES SHALL BE SUBJECT TO THE AGREEMENT.
This document is an electronic record in terms of (Indian) Information Technology Act, 2000 (“IT Act, 2000”) of India, or any other prevailing law, the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the IT Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
By using the Rain App or by using any aspect of the Services, You acknowledge and agree that You are bound by the terms and conditions of this Agreement.
IMPORTANT INFORMATION WILL BE PROVIDED TO YOU IN ELECTRONIC RECORDS, SUCH AS VIA EMAIL
Users must be persons who can form legally binding contracts under the Indian Contract Act, 1872 (“Contract Act”). Persons who are “incompetent to contract” within the meaning of the Contract Act including minors, un-discharged insolvents etc. are not eligible to use the Rain App. Users must be 18 years of age or older to register or visit or use the Services in any manner. By registering for, visiting the Rain App or using the Services, You hereby represent and warrant to Rain that You are 18 years of age or older, and that You have the right, authority and capacity to use the Services, and agree to abide by the Agreement. If a User is below 18 years of age, it is assumed that he/she is accessing, browsing and/or using the Platform under the supervision of his/her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to the terms of this Agreement on behalf of the minor User. Should Rain be made aware that a User is under the age of 18 and is accessing, browsing and/or using the Platform without the supervision of his/her parent or legal guardian, Rain reserves the right to deactivate such User’s account without further notice.
The Agreement is governed by the provisions of Indian law, including, but not limited to:
- the Contract Act;
- IT Act, 2000;
- the rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011; and
- the Information Technology (Intermediaries Guidelines) Rules, 2011.
1. Creation of Your Rain Account. When You login and register on the Rain App to have access to and use the Services, You will be creating Your “Rain Account”. Each time You have access to or use Your Rain Account, You are signifying that You agree to all of the terms and conditions of this Agreement. Your Rain Account is only for You, and You may not permit any person to have access to or to use Your Rain Account. If You allow any person to have access to or to use Your Rain Account, You shall be responsible for any act (or omission) that the person makes, including for any type of transaction made by the person. You hereby confirm that you are of the prescribed legal age and competent to enter into a contract in accordance and compliance with the laws of Your jurisdiction.
For the purposes of registration identifying a User on the Rain App, Rain may, from time to time, collect certain personally identifiable information such as Your first name and last name, email address, mobile phone number, postal address, other contact information, demographic profile, etc. By registering on the Rain App, it is deemed that the User has given express and specific consent for such collection and processing of data for the purpose of use of the Rain App. Registration on the Rain App is one-time, and You are required to remember Your username and password and keep the same confidential. In the event where You have misplaced Your username and password details, You can retrieve and change the same using the “forgot username/password” option on the Rain App. User must not disclose, transfer, sublicense or otherwise part away with the username and password or try to circumvent them in any manner whatsoever and Rain shall bear no responsibility for any loss arising out of such disclosure.
You agree to provide true, accurate and complete information as prompted by the registration form and all other forms You access on the Rain App, and You agree to maintain and promptly update all data provided by You and to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current, incomplete, or if Rain has reasonable grounds to suspect that the information provided by You is untrue, inaccurate, not current, incomplete, or not in accordance with the terms of the Agreement, Rain reserves the right to indefinitely suspend, terminate or block Your access to the Rain App, and refuse to provide You with access to the Rain App in future.
2. Security of Your Rain Account. You shall be solely responsible for all actions and transactions that You or Your authorized agent make in Your Rain Account. Except to the extent prohibited by law, Rain shall not bear any liability or any responsibility for any misuse of Your Rain Account or any loss of information relating to Your Rain Account. You shall not disclose, transfer, sublicense or otherwise part away with or share with any person Your login credentials, passwords, or other personally identifiable information that would allow access to or use of Your Rain Account (individually or collectively the “Credentials”).
The User shall assume all risks, liabilities, and consequences if his/her Rain Account has been accessed illegally or without authorisation through means such as hacking and if through such unauthorised access, availed of any Services. It is specifically clarified that payments of monies towards such Services purchased by unauthorised or illegal use of the User’s account shall entirely be borne by the User.
3. Fees. Rain and its Financing Partner may impose a fee or charge on You for use of the Services (each a “Fee”). Rain may, in its sole discretion, allow You two or more options to make a payment of a Fee; provided, however, that at any time, Rain and its Financing partner may be entitled to set-off payments from your bank account to satisfy any amount You owe for any Fee. BY ACCESSING OR USING THE RAIN APP OR YOUR RAIN ACCOUNT, YOU SIGNIFY YOUR AGREEMENT TO PERMIT RAIN AND ITS FINANCING PARTNER TO DEBIT OR OTHERWISE CHARGE YOUR BANK ACCOUNT FOR ANY FEE.
All payment of Fees is in Indian rupees. You may use any of the payment method available on the Rain App. Rain may enter into agreements with third party payment gateways, payment aggregators, banks and financial institutions in connection with the collection and remittance of Fees to Rain.
Rain shall not be responsible if a payment made by a User is not registered or is lost due to any network problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways and/or the cost(s) charged by the network operator(s) or for loss or misuse of any information such as Your account details, passwords etc. by third party payment gateway aggregators and financial institutions. Any dispute in connection to the same shall be settled between the User and the network operator.
4. Confidentiality of Information. You hereby expressly and unconditionally agree and consent to Rain to disclose any data or other information, including any sensitive personal data or information or nonpublic personal information about You, to any third party in connection with Your use of Your Rain Account or Your request for an Electronic Payment if the disclosure is:
- Necessary to conduct or to complete any transaction for the Electronic Payment or to settle or to document the Electronic Payment;
- Authorized by You, which authorization may be made orally or in writing; or
5. Consumer Liability for Unauthorized Transfers or Unauthorized Electronic Payment.
You will promptly inform us if You believe the Credentials of Your Rain Account have been stolen. Rain shall make reasonable best efforts and take all necessary actions to prevent any further transactions to be undertaken from Your account. You can call: 080-47187727 or write: email@example.com
6. Consent for use of User/Your data:
You agree that you are required to share true and complete personal, demographic, family related, business, credit and financial information/ data (hereinafter “Customer Data”).
In order to process your loan application, you agree/authorise our Lending partner:
- To access and update information such as personal data including sensitive personal data relating to Your credit history available with Credit Information Companies (Bureaus) or any other agency authorised in this context by RBI.
- For sharing such information with its third-party affiliates including credit evaluation agencies and service providers to carry out the processes necessary for the sanction and disbursements under the Facility and maintenance of the Facility, in accordance with Applicable Law
Thus , You accept, confirm and consent to the disclosure and sharing by our Lending Partner of all or any information and personal data including sensitive data relating to You, the facilities, any other transactions that You have with the Lending Partner and the agreements and documents related to the facilities and transactions, including but not limited to information relating to default, if any, committed by You, in the discharge of the Your obligations in relation to the facilities or other transactions, as the Lending Partner may deem appropriate and necessary to disclose and furnish, to RBI and/or to the Credit Information Companies (Bureaus) and/or to any other agency or body as authorized in this behalf by RBI, and/or to other banks and lenders including assignees and potential assignees, and/or to its professional advisers, underwriters and consultants and to its service providers and other relevant third parties, and/or as required, whether under Applicable Law, or at the order of a court of law or parties which the Lender deems fit therein.
You agree to immediately notify Rain and the Lending partner regarding any change of address or update the particulars submitted by you at the time of the Facility application including, inter alia change in employment, bank account details, phone number, email id, and other contact details, also including any event which affects your ability to perform the obligation under this agreement.
You will promptly inform us of any change in your employment status or change of the Employer. You will not be eligible to withdraw funds using the Rain App unless your Employment details are updated.
BINDING CONTRACTUAL TERMS
Rain reserves the right to modify or discontinue the Services (or any portion of the Services), temporarily or permanently. Rain shall notify you in advance of Rain’s election to exercise its right to discontinue the Services. Rain shall not be liable to You or any third party in the event that Rain exercises its right to modify or discontinue the any portion or all of the Service.
You agree not to enter into any contractual provisions in conflict with this Agreement. Any provision of a contract / arrangement entered into by You in conflict with the Agreement is null and void.
You affirm and agree that, given the general and “as-is” nature of the Rain App, You are not specifically relying on any statements, or materials contained on Platform to make any business decisions. You agree to conduct your own related due diligence in relation to the Services being procured or provided by You, as the case maybe.
You agree and understand that Rain is merely providing intermediary hosting services to its Users through the Rain App. Rain shall bear no responsibility or liability in relation to or arising out of third-party generated content. Rain neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Rain is merely an intermediary and does not interfere in the transaction between User and service providers on the Rain App.
The Agreement will remain in full force and effect while You are registered with the Rain App or use any Services available on the Platform in any form or capacity.
AUTHORIZED USE OF THE SERVICE
RESTRICTIONS ON USE OF THE SERVICES
- use the Service for any purpose other than for using the features Rain intentionally provides or makes available to You;
- share Your password, allow any person to access Your account, or take any action or inaction that might jeopardize the security of Your account;
- assign or transfer Your account or login information to anyone;
- attempt to access the accounts of any user of the Service other than Your own account;
- translate, modify or create derivative works of the Services;
- upload, download, recreate, display, perform, post, reproduce or copy the Services, except with the prior written consent of Rain;
- modify, copy, distribute, download, scrape or transmit in any form or by any means any Content from the Services other than Your content which You legally post on, through or in connection with the Service;
- attempt to derive the source code, source files or structure of the software contained in the Services by reverse engineering, disassembly, decompilation or any other means;
- use the Services except in accordance with all applicable law;
- introduce into the Services any “malware,” such as, but not limited to, viruses, worms, and Trojan Horses;
- use deep-links, page or screen scrapes, web crawlers, web robots, spiders, wanderers, web scutters, or programs, algorithms or methodologies which do the same things in connection with the Services, or use other automated processes to access or to use the Services;
- provide false personal information or create an account for anyone other than Yourself without Rain’s permission;
- create another account without Rain’s permission, if Rain had disabled Your account;
- post, transmit or link from any unlawful, infringing, misleading, deceptive, threatening, libelous, defamatory, plagiarized, fraudulent, harassing, obscene, discriminatory, inflammatory, pornographic or profane material, spam or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate applicable law;
- use the Services in any manner that could damage, disable, undermine, overburden or impair the Services or the servers on which it runs or interfere with any other party’s use of the Services;
- upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
- obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Services;
- harm minors in any way;
- threaten the unity, integrity, defence, security or sovereignty of any State, friendly relations between foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- share any information that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
- intentionally submitting on the Platform, false or inaccurate information;
- attempt to decipher, decompile, disassemble or reverse engineer any part of the Rain App, or attempting to create any derivate works of the Rain App;
- forging headers or otherwise manipulating identifiers in order to disguise the origin of any message, transmittal You send through the Rain App, or any Services offered on or through the Rain App; or
- use any of the logos, trademarks, service marks or other indicators of origin appearing on the Services.
Rain believes in children’s online safety and does not wish to receive information regarding children under 18 years old. Therefore, You may not post or submit any personally identifiable information of a child under 18 years old or information sufficient to locate such a child on or through the Service. If You are under 18 years of age, then please do not attempt to submit any information to or use the Service.
PAYMENT AND FEES
Rain and its Financing Partner may impose a Fee or charge on You for use of the Services, particularly for the Services. Under this Agreement, You shall be solely responsible for payment to Rain and its Financing Partner of the applicable Fee, and Your payment of the Fee shall be due at or around the time that You request or obtain the Services that are subject to the Fee, as Rain and its Financing Partner may specify. You represent and warrant that You are authorized to use any Cards or Payment Services You furnish under the Service. However, Rain shall not charge You solely for use of the Rain App or to solely access your Account.
Rain will apply reasonable measures to protect the security of Your sensitive personal data and nonpublic personal information and other data essential for use of the Services, such as information You upload or enter when using the Rain App. You shall protect the confidentiality and security of Your Credentials, and You shall not allow any person to have access to or to use Your Credentials.
Rain is entitled (but not required) to apply security measures to protect the Services and the Content, and Rain may block users (or IP addresses) identified or suspected as being used to access the Services (i) without authorization, (ii) for unlawful purposes or for purposes of disrupting, or (iii) in any manner that presents a risk of damaging the Services.
You shall immediately notify Rain of any activity on the Services suspected as being for unlawful purposes including any activity liable to disrupt, gain unauthorized access to, or cause any damage to the Services.
You shall immediately notify Rain of any security breach involving the Services of which You become aware, including any loss of nonpublic personal information and any incident where nonpublic personal information relating to You becomes available to unauthorized persons through the Services.
While Rain shall make reasonable endeavours to maintain generally accepted standards of security and shall provide the Services by using reasonable efforts, Rain shall not be liable for any interruption that may be caused to Your access or use of the Services.
The contents of Services, information, text, graphics, images, logos, button icons, software and tools, data, audio, video, software codes, interface, designs and the collection, arrangement and assembly of the content on the Rain App or any of the other Services accessible or available through any part of the Rain App are the property of Rain, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors and sister companies, as the case may be (“Content”), and are protected under copyright, trademark and other applicable laws. You shall not modify the Content or sublicense, resell, rent, lease, transfer, assign, time share, reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the Content in any way for any public or commercial purpose or for personal gain.
Rain owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on the Services may violate copyright, trademark, and other laws. Content on the Services is provided to You AS IS for Your information and personal use only. For Your personal use, You may view, copy, and print screenshots of the Service. Otherwise, the Service may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Rain reserves all rights not expressly granted in and to the Services and the Content. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application, unless Rain first expressly permits you to do so by notifying you in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by Rain. You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein, nor may You scrape or use any extraction methods to obtain any content or data from the Services.
Rain may, in its sole discretion, permit You from time to time to submit, upload or otherwise make available to Rain or any of its representatives or agents through the App any suggestions, feedback or recommendations regarding the Service (“Feedback”). If You provide any such Feedback, You hereby grant to Rain a perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, irrevocable, sublicensable and transferable license to use such Feedback for any purpose.
You warrant and represent to Rain as set out below:
The information provided to Rain in any registration or application screen, profile, email, postings, telephone call or through other means including all personal details, contact details and all other data provided to Rain is true in all respects, up-to-date and not misleading in any way.
You shall not access the Services under false identity or pretext and will not use the Services to falsify Your or any other person’s identity.
You shall use the Services lawfully and in good faith.
You shall keep Your log-in credentials and passwords secure and shall not disclose otherwise share such information with any person.
Rain does not covenant or warrant that:
the Services will be made available at all times;
the content available on the Rain App is complete, true, accurate or non-misleading;
the Services provided through the Rain App are of specified standards and quality; and
Rain has undertaken any verification of the Users or their credentials.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS. RAIN GIVES NO WARRANTY NOR MAKE ANY REPRESENTATION IN RELATION TO THE SERVICE OR THE CONTENT. RAIN EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF RAIN RELATING TO THE SERVICES OR TO THE CONTENT, EXPRESS, IMPLIED, STATUTORY AND OTHERWISE IN CONNECTION WITH THE SERVICES, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY RAIN OR THIRD PARTIES, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICES, NON-DISRUPTION, SECURITY, ACCURACY, LOSS OF DATA OR CORRUPTION OF DATA, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, RAIN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICES OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICES IS ACCURATE, COMPLETE OR CURRENT; THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR THE RAIN APP OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS ADVERTISERS WILL MEET YOUR EXPECTATIONS. RAIN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (c) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (d) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (e) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (f) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
LIMITATIONS ON LIABILITY
THE RAIN PARTIES, APPLE AND GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (a) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM THE RAIN PARTIES’ NEGLIGENCE, (b) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (c) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (d) UNAUTHORIZED ACCESS TO OR USE OF RAIN’S OR ITS AFFILIATES’ SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (e) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (f) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (g) USER SUBMISSIONS, THIRD PARTY WEBSITES OR APPS, OR (h) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY THIRD PARTIES OR ADVERTISERS, WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RAIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
TERMINATION OF THE SERVICES
Rain may at any time, and in Rain’s sole discretion, discontinue the Services or modify the Services, and such action by Rain may adversely affect the use of the Services. Rain shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services. Rain shall use reasonable efforts to notify users of the cessation of the Services or any changes that would affect Your use of the Services. Rain may give such notices through the Service or on its website or by email communications.
You acknowledge that removing the Rain App from Your mobile phone does not automatically terminate Your rights to use the Services. You may, at any time, request termination of Your use of the Services through the [service termination settings in the Rain App].
Upon Your request that Your use of the Services be terminated:
Your right to access and use the Service will immediately terminate; and
all of Your personal information will be permanently deleted from the Service, provided that
copies of Your data may remain stored for limited periods of time on back-up media which will be cleansed from time to time;
Rain will be entitled to retain any data in non-personal information form which may have been extracted or obtained from Your personal information including any aggregated, anonymized or otherwise de-personalized data.
LINKS TO AND FROM THE SERVICE
The Service may contain links to third party websites and online services (such as apps) that are not owned or controlled by Rain. Rain has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. Rain will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICE, YOU EXPRESSLY RELEASE THE RAIN PARTIES, APPLE AND GOOGLE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, Rain encourages You to be aware when You leave the Service, and You should read the terms and conditions that apply to other websites You visit.
Rain takes no responsibility for advertisements or any third party material transmitted through or posted on the Service, nor does it take any responsibility for the products or services provided by service providers with profiles or other Content accessible through the Service (“Advertisers”). Any dealings You have with Advertisers found while using the Service are between You and the Advertiser, and You agree that Rain is not liable for any loss or claim that You may have against an Advertiser.
YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE RAIN PARTIES, APPLE AND GOOGLE FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES.
SEVERABILITY AND ASSIGNMENT
If any provision of the Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and the remaining part of such provision and all other provisions of the Agreement shall continue to be in full force and effect. Notwithstanding the foregoing, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent as reflected by that provision.
DISPUTE RESOLUTION; ARBITRATION
The Agreement and any contractual obligation between Rain and You under the Agreement shall be governed by the laws of India, subject to the exclusive jurisdiction of the courts at Bengaluru, Karnataka.
If any dispute or difference of any kind whatsoever shall arise between the User and Rain in connection with or arising out of this Agreement, both Rain and the User shall promptly and in good faith negotiate with a view to an amicable resolution and settlement of the dispute. Rain may at its option, seek to settle any dispute arising out of or in connection with the Agreement through mediation in accordance with the Alternate Dispute Resolution and Mediation Rules, 2003.
In the event the User and Rain are unable to amicably resolve a dispute, Rain and the Users hereby expressly agree that all disputes shall be finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. The seat of arbitration shall be Bengaluru. The arbitration shall be conducted by a sole arbitrator appointed mutually by the disputing User and Rain.
Arbitration awards shall be reasoned awards and shall be final and binding on Rain and the disputing User/s and shall be enforceable in any court of competent jurisdiction.
UNLAWFUL OR PROHIBITED USE
You warrant to Rain that You will comply with all applicable laws, statutes, ordinances, regulations and treaties regarding the use of the Rain App, the Services and any other related activities. You further warrant that You will not use the Rain App in any way prohibited by terms contained in the Agreement or under applicable law.
Rain’s failure to enforce any provision of the Agreement or respond to a breach by You shall in no way imply a waiver of Rain’s right to subsequently enforce any provision of the terms of the Agreement or to act with respect to similar breaches by You.
Any grievances which You may have with respect to the information shared by You with Rain hereunder and its treatment, may be directed by You to the grievance officer of Rain at the below mentioned coordinates:
Name: Rathanaraj Livingston
Phone Number: 9742222685
Email Address: firstname.lastname@example.org
Postal Address: 120, 4th Floor, Prestige Atlanta, 80 Feet Main Road, Bangalore 560034
Designation: Sales Director
- Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only and shall not form part of the operative provisions of the Agreement and shall be ignored in construing the same.
- Words denoting the singular shall include the plural and words denoting any gender shall include all genders.
- The words “include” and “including” are to be construed without limitation.
- References to the word “Your” shall have the same meaning as “You”.
APPLE REQUIRED TERMS
Scope of License: The license granted to You for the Service is limited to a non-transferable license to use the Service on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Warranty: As between Apple and Rain, Rain is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the relevant App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Rain’s sole responsibility.
Product Claims: Rain and You acknowledge that Rain, not Apple, is responsible for addressing any claims by You or any third party relating to the Service or Your possession and/or use of that Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: Rain and You acknowledge that, in the event of any third party claim that the Service or Your possession and use of the Service infringes that third party’s intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, Rain, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a country or territory that is subject to a sanctions program (e.g., designated by OFAC); and (ii) You are not identified on any list prepared by the U.S. Government describing prohibited or restricted parties.
Developer Name and Address: Rain may be contacted at in connection with any questions, complaints or claims with respect to the Service.
ADDITIONAL TERMS RELEVANT TO GOOGLE INC.
THE GOOGLE PLAY MARKETPLACE IS OWNED AND OPERATED BY GOOGLE INC. YOUR USE OF GOOGLE PLAY IS GOVERNED BY A LEGAL AGREEMENT BETWEEN YOU AND GOOGLE CONSISTING OF THE GOOGLE TERMS OF SERVICE (FOUND AT HTTP://WWW.GOOGLE.COM/ACCOUNTS/TOS) AND THE GOOGLE PLAY TERMS OF SERVICE (FOUND AT HTTPS://PLAY.GOOGLE.COM/INTL/EN-US_US/ABOUT/PLAY-TERMS.HTML AND TOGETHER WITH THE GOOGLE TERMS OF SERVICE CALLED THE “TERMS”). THE GOOGLE PLAY TERMS OF SERVICE AND GOOGLE TERMS OF SERVICE SHALL TAKE PRECEDENCE IN THAT ORDER IN THE EVENT OF A CONFLICT BETWEEN THEM, TO THE EXTENT OF SUCH CONFLICT.
RAIN IS SOLELY RESPONSIBLE FOR PROVIDING, AND GOOGLE HAS NO OBLIGATION TO PROVIDE, MAINTENANCE AND SUPPORT FOR THE RAIN MOBILE APPLICATION. SUPPORT REQUESTS, AS WELL AS QUESTIONS, COMPLAINTS OR CLAIMS REGARDING THE RAIN MOBILE APPLICATION, MAY BE DIRECTED TO RAIN SUPPORT, 258 3rd AVENUE, VENICE, CA 90291. USERS MAY ALSO CONTACT US BY EMAIL AT INFO@RAIN.US.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE RAIN MOBILE APPLICATION, AND WILL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
GOOGLE SHALL NOT BE RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR ANY THIRD PARTY RELATING TO THE RAIN MOBILE APPLICATION OR YOUR POSSESSION AND/OR USE OF THE RAIN MOBILE APPLICATION, INCLUDING BUT NOT LIMITED TO (I) PRODUCT LIABILITY CLAIMS, (II) ANY CLAIM THAT THE RAIN MOBILE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, OR (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
GOOGLE SHALL NOT BE RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT OR DISCHARGE OF ANY CLAIM THAT THE RAIN MOBILE APPLICATION OR YOUR POSSESSION AND USE THEREOF INFRINGES A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
YOU REPRESENT AND WARRANT THAT (I) THE SERVICE(S) WILL NOT BE DOWNLOADED OR USED IN, OR TRANSPORTED TO, A COUNTRY THAT IS SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO OR HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A “TERRORIST-SUPPORTING” COUNTRY, AND (II) YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
REMOVAL OF RAIN MOBILE APPLICATION. RAIN OR GOOGLE INC. MAY, AT ANY TIME AND WITHOUT NOTICE, RESTRICT, INTERRUPT OR PREVENT USE OF THE RAIN MOBILE APPLICATION, OR DELETE THE RAIN MOBILE APPLICATION FROM YOUR SUPPORTED DEVICE, WITHOUT ENTITLING YOU TO ANY REFUND, CREDIT OR OTHER COMPENSATION FROM RAIN OR ANY THIRD PARTY (INCLUDING, BUT NOT LIMITED TO, GOOGLE INC. OR YOUR NETWORK CONNECTIVITY PROVIDER).
CONSENT FOR DEDUCTION OF SALARY ADVANCE FROM MONTHLY SALARY-APPLICABLE ONLY TO USER WHERE RAIN HAS A DEDUCTION FLOW AGREEMENT WITH THE EMPLOYER
By applying for a salary advance via Rain, I have read, understood and willing to obtain a salary advance on the terms and conditions of Rain and its Financing Partner, a non-banking financial company (“NBFC”) duly registered with the Reserve Bank of India, subject to my eligibility criteria and fulfilling necessary documentation requirements of the Financing Partner. I accept the terms and conditions and request the disbursement of the salary advance amount to me on the said terms. I hereby, declare that the entries made by me in the Application are complete and true to the best of my knowledge and based on genuine records. I, hereby, undertake to present the original documents immediately upon demand to Rain. I hereby undertake to inform Rain and my current employer, about any changes in information submitted by me, in the Application and any other documents, including change in addresses and phone nos., from time to time. I, hereby authorize, explicitly consent to my current employer (“Employer”) to validate and provide the information sought via Rain regarding my employment and payroll including salary and deductions related details. I also expressly agree and undertake to repay my outstanding balances, as specified in the withdrawal agreement. i.e., the advance amount (along with associated fees, including late payment charges, if applicable). I further give my consent and hereby authorize the Employer and/or any of its group companies, where I am employed as on date (“Current Employer”) to deduct the outstanding balances as specified by me from my monthly salary payout, which will be paid to the Financing Partner by the Employer and/or any of its group companies, till the time I am employed with the Employer or confirmation of closure of the facility from me to the Employer, whichever is earlier, subject to applicable deductions and policies from time to time. I agree that the salary advance repayment is always my responsibility and liability to repay all outstanding amounts to the Financing Partner on or within the stipulated dates, and the Employer and/or any of its group companies is not made responsible / liable for any outstanding dues or any non-payment or any other charges payable by me, in case there is a delay or default in my loan repayment at any point of time. I further declare and undertake, that if at any stage, my employment with the Current Employer be terminated /comes to an end, and loan will be repaid by me to Financing Partner directly.
CONSENT FOR EMPLOYER SHARING EMPLOYMENT STATUS DATA AND OTHER EMPLOYMENT RELATED DATA WHERE RAIN HAS AN AGREEMENT WITH EMPLOYER TO SHARE SUCH INFORMATION
I authorize my employer to share my employer status and other related employee information to help facilitate the validation of Employment.
Privileged and Confidential