Free Consultancy

Terms and Conditions

AGREEMENT TO OUR LEGAL TERMS

Welcome to RK Group (hereinafter referred to as “Company,” “we,” “us,” “our”). Our website, www.rkgroup.com (hereinafter referred to as the “Site”), and any related products and services that link or refer to these legal terms (hereinafter referred the “Legal Terms”) collectively form our “Services.”

RK Group specializes in offering a range of professional services including business advisory, accounting, finance, taxation, legal, corporate affairs, human resources, and management consultancy primarily tailored to early-stage startups. You can reach us via email at [email protected].

These Legal Terms establish a binding agreement between you (whether an individual or representing an entity, “you”) and RK Group concerning your use of our Services. By accessing our Services, you confirm that you have read, comprehended, and accepted all these Legal Terms. If you disagree with any part of these terms, please refrain from using our Services.

Additional terms and conditions or supplementary documents that we may post on the Services are considered part of these Legal Terms. We retain the sole discretion to amend or modify these Legal Terms at any time and for any reason. Any changes will be indicated by updating the “Last updated” date of these Legal Terms. Specific notices for each change will not be provided, and it is your responsibility to regularly review these terms for updates. Your continued use of our Services following the posting of revised Legal Terms signifies your acceptance of those changes.

Minors (typically under 18 years old) using our Services must do so with the permission and direct supervision of a parent or guardian. If you are a minor, your parent or guardian must read and agree to these Legal Terms on your behalf before you use our Services.

For your reference, we recommend printing a copy of these Legal Terms.

Top of Form

OUR SERVICES

The information shared when using our Services is not intended for distribution or use by any individual or entity in any jurisdiction or country where such distribution or use would contravene local laws or regulations or impose registration requirements on us in that jurisdiction or country. Consequently, individuals who access our Services from other locations do so at their own discretion and are exclusively responsible for adhering to local laws, should they be applicable.

Please note that our Services are not designed to comply with industry-specific regulations, such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). If your activities are subject to such laws, you should refrain from using our Services. Moreover, the use of our Services in a manner that would violate the Gramm-Leach-Bliley Act (GLBA) is strictly prohibited.

INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We hold ownership or licensing rights for all intellectual property associated with our Services, encompassing source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics presented within the Services (collectively referred to as the “Content”). Additionally, the trademarks, service marks, and logos featured within the Services (the “Marks”) are under our ownership or licensing.

Copyright and trademark laws, along with various other intellectual property rights and regulations related to unfair competition, protect our Content and Marks, both in the United States and internationally.

Your use of Our Services

Subject to your compliance with these Legal Terms, which includes the “prohibited activities” section below, we grant you a non-exclusive, non-transferable, and revocable license to:

  • Access the Services.
  • Download or print a copy of any portion of the Content to which you have gained proper access.

 

This license is solely for your personal, non-commercial use or internal business purposes. Any use beyond what is specified in this section or elsewhere in our Legal Terms is strictly prohibited. No part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. If you wish to make any use of the Services, Content, or Marks other than as explicitly outlined in this section or elsewhere in our Legal Terms, please reach out to us at: [email protected]. In the event that we grant you permission to post, reproduce, or publicly display any part of our Services, Content, or Marks, you must identify us as the owners or licensors of such content and ensure that any copyright or proprietary notice appears visibly. We reserve all rights not expressly granted to you concerning the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms, resulting in the immediate termination of your right to use our Services.

Your Submissions

Prior to using our Services, it’s essential to carefully review this section and the “prohibited activities” section to understand (a) the rights you grant us and (b) the obligations you have when posting or uploading any content through our Services.

Submissions: By submitting any questions, comments, suggestions, ideas, feedback, or other information about our Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submissions. You acknowledge that we will own these Submissions and have the unrestricted right to use and disseminate them for any lawful purpose, whether commercial or otherwise, without providing acknowledgment or compensation to you.

Responsibility for your posts and uploads: By submitting Submissions through any part of our Services, you:

  • Confirm your agreement with our “prohibited activities” and pledge not to post, send, publish, upload, or transmit any Submissions that are illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading.
  • Waive any and all moral rights to any such Submission to the extent permitted by applicable law.
  • Warrant that your Submissions are original to you or that you possess the necessary rights and licenses to submit such Submissions, along with full authority to grant us the rights mentioned above concerning your Submissions.
  • Confirm that your Submissions do not constitute confidential information.

 

You are solely accountable for your Submissions and expressly agree to indemnify us for any losses we may incur due to your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

User Representations

By utilizing the Services, you affirm and warrant that:

  1. You possess the legal capacity and consent to abide by these Legal Terms.
  2. You are not a minor in your residing jurisdiction or, if you are a minor, you have obtained parental permission to use the Services.
  3. You will not access the Services through automated or non-human means, including bots, scripts, or any other method.
  4. You will not employ the Services for any illegal or unauthorized purpose.
  5. Your use of the Services will not breach any applicable law or regulation.
  6. Should you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and decline any current or future use of the Services, or any part thereof.

 

Prohibited Activities

When using the Services, you are prohibited from:

  • Systematically extracting data or other content from the Services to create, directly or indirectly, a collection, compilation, database, or directory without our written permission.
  • Attempting to deceive, defraud, or mislead us or other users, especially in any effort to obtain sensitive account information such as user passwords.
  • Circumventing, disabling, or interfering with security-related features of the Services, including features that prevent or limit the use or copying of any Content or enforce restrictions on the use of the Services and/or the Content therein.
  • Engaging in any activities that, in our judgment, disparage, tarnish, or otherwise harm us and/or the Services.
  • Using information acquired from the Services to harass, abuse, or harm another person.
  • Misusing our support services or submitting false reports of abuse or misconduct.
  • Employing the Services in a manner inconsistent with applicable laws or regulations.
  • Engaging in unauthorized framing or linking to the Services.
  • Uploading or transmitting (or attempting to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that disrupts any party’s uninterrupted use and enjoyment of the Services or alters, impairs, disrupts, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Employing any automated system, such as using scripts to send comments or messages, or utilizing data mining, robots, or similar tools for data collection and extraction.
  • Removing the copyright or other proprietary rights notice from any Content.
  • Attempting to impersonate another user or person or using another user’s username.
  • Uploading or transmitting (or attempting to upload or transmit) any material that serves as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (referred to as “spyware” or “passive collection mechanisms”).
  • Interfering with, disrupting, or overloading the Services or the networks or services linked to the Services.
  • Harassing, annoying, intimidating, or threatening any of our employees or agents providing Services to you.
  • Attempting to bypass any measures of the Services designed to prevent or limit access, or any portion of the Services.
  • Copying or adapting the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or contributing to the Services.
  • Using, launching, developing, or distributing any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
  • Employing a buying agent or purchasing agent to make purchases on the Services.
  • Making any unauthorized use of the Services, such as collecting usernames and/or email addresses of users by electronic or other means for sending unsolicited email or creating user accounts through automated means or under false pretenses.
  • Using the Services to compete with us or for any revenue-generating activities or commercial enterprises.

 

Please ensure you abide by these guidelines while using our Services. Violating these terms may lead to suspension or termination of Services.

Third-Party Websites and Content

The Services may include links to other websites (“Third-Party Websites”) and feature articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items from third parties (“Third-Party Content”). Please note that Third-Party Websites and Third-Party Content are neither investigated, monitored, nor checked for accuracy, appropriateness, or completeness by us. We assume no responsibility for Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including their content, accuracy, opinions, privacy practices, reliability, offensiveness, or other policies.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply our approval or endorsement. If you decide to leave the Services and access Third-Party Websites or use/install Third-Party Content, you do so at your own risk. These Legal Terms will no longer apply, and you should review the relevant terms and policies, including privacy and data collection practices, of any external website or applications.

Please be aware that any purchases made through Third-Party Websites are conducted on separate websites and with different companies. We disclaim any responsibility for such purchases, which are exclusively between you and the relevant third party. We do not endorse the products or services offered on Third-Party Websites, and you release us from any liability arising from your purchase of such products or services. Furthermore, you release us from any losses or harm resulting from your interactions with Third-Party Content or Third-Party Websites.

Services Management

We retain the right, though not the obligation, to:

  1. Monitor the Services for violations of these Legal Terms.
  2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting such users to law enforcement.
  3. Remove from the Services or otherwise disable all files and content that are excessively large or burdensome to our systems.
  4. Manage the Services as we deem necessary to protect our rights and property and to ensure their proper functioning.

Privacy Policy

We prioritize data privacy and security. By utilizing the Services, you are bound by our Privacy Policy (rkgrouppk.com/privacy-policy). It’s essential to note that the Services are hosted in the United States. If you access the Services from regions with laws or requirements governing personal data collection, use, or disclosure that differ from those in the United States, your continued use of the Services signifies the transfer of your data to the United States. You expressly consent to the transfer and processing of your data in the United States.

Terms and Termination

These Legal Terms will remain in full force and effect during your use of the Services. While subject to other provisions of these Legal Terms, we hold the unilateral right, at our discretion and without notice or liability, to:

  • Deny access to and use of the Services, including blocking specific IP addresses, to any person, for any reason, or for no reason. This includes, but is not limited to, instances of breach of any representation, warranty, or covenant contained within these Legal Terms or violation of any applicable law or regulation.
  • Terminate your use or participation in the Services or remove any content or information you have posted, at any time and without warning, solely at our discretion.

Should we terminate or suspend your account for any reason, you are expressly prohibited from registering and creating a new account, whether under your own name, a fictitious or borrowed name, or on behalf of a third party. Even if acting on behalf of a third party, you are not allowed to create a new account. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, but not limited to, pursuing civil, criminal, and injunctive remedies.

Modifications and Interruptions

We maintain the right to change, modify, or remove the content of the Services at our sole discretion, without notice, at any time, and for any reason. While we are under no obligation to update any information on the Services, we will not be liable to you or any third party for any modification, price alteration, suspension, or discontinuance of the Services.

We cannot guarantee the uninterrupted availability of the Services. There may be instances of hardware, software, or other issues, or the need for maintenance related to the Services, which may result in interruptions, delays, or errors. We also retain the right to change, revise, update, suspend, discontinue, or otherwise modify the Services, without notice to you, at any time and for any reason. You agree that we bear no liability for any loss, damage, or inconvenience arising from your inability to access or use the Services during any downtime or discontinuance of the Services. These Legal Terms do not oblige us to maintain or support the Services, or to provide any corrections, updates, or releases in connection with them.

Governing Law

These Legal Terms, along with your use of the Services, are governed by and construed in accordance with the laws of the State of New Mexico that are applicable to agreements made and performed entirely within the State of New Mexico. This is without regard to its principles of conflict of laws.

Dispute Resolution

Informal Negotiations

In an effort to expedite resolution and control the costs associated with any Dispute (as defined below), whether initiated by you or us (individually, a “Party,” and collectively, the “Parties”), both Parties agree to initially attempt to resolve any Dispute through informal negotiations for a period of at least thirty (30) days before pursuing arbitration. These informal negotiations begin with written notice from one Party to the other Party.

Binding Arbitration

In the event that the Parties cannot resolve a Dispute through informal negotiations (except for those Disputes expressly excluded below), the Dispute will be conclusively and solely resolved through binding arbitration. Please note that without this provision, you would retain the right to litigate in court and have a jury trial. This arbitration will be initiated and conducted according to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and, when applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”). Both sets of rules can be accessed on the American Arbitration Association (AAA) website. Your arbitration costs and your portion of arbitrator compensation will be determined by the AAA Consumer Rules. The arbitration can be conducted in person, through document submission, by telephone, or online. The arbitrator will issue a written decision but is not obligated to provide a statement of reasons unless requested by either Party. The arbitrator must adhere to relevant law, and any award can be contested if the arbitrator fails to do so. Except as provided otherwise herein, the Parties may initiate court proceedings to enforce arbitration, stay proceedings pending arbitration, or confirm, amend, annul, or enter judgment on the arbitrator’s decision.

The Parties hereby consent to this jurisdiction and waive any objections concerning personal jurisdiction and improper venue, and any defenses involving lack of personal jurisdiction or forum non convenience. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Legal Terms.

No Dispute related to the Services, brought by either Party, can be initiated more than ninety (90) days after the cause of action arises. If this provision is found to be unlawful or unenforceable, neither Party will elect to arbitrate any Dispute covered by the portion of this provision deemed unlawful or unenforceable, and such Dispute will be resolved in a court of competent jurisdiction within the listed courts’ jurisdiction, and the Parties agree to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration will be restricted to Disputes between the Parties individually. To the fullest extent permitted by law, (a) no arbitration will be consolidated with any other proceeding; (b) Disputes cannot be arbitrated on a class-action basis or using class-action procedures; and (c) Disputes cannot be pursued in a purported representative capacity on behalf of the general public or any other individuals.

Exceptions to Informal Negotiations and Arbitration

The Parties concur that the following Disputes are not subject to the preceding provisions regarding informal negotiations and binding arbitration: (a) any Disputes related to the enforcement, protection, or validity of intellectual property rights belonging to either Party; (b) Disputes concerning allegations of theft, piracy, invasion of privacy, or unauthorized use, or arising from such allegations; and (c) claims for injunctive relief. If this provision is deemed illegal or unenforceable, neither Party will elect to arbitrate any Dispute covered by the portion of this provision deemed illegal or unenforceable, and such Dispute will be resolved in a court of competent jurisdiction within the listed courts’ jurisdiction, and the Parties agree to the personal jurisdiction of that court.

Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other details. We reserve the right to rectify any errors, inaccuracies, or omissions and to modify or update the information on the Services at any time, without prior notice.

Disclaimer

The services are provided on an “as-is” and “as-available” basis. You agree that your use of the Services is at your sole risk. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof. This includes, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the content on the Services or the Content of any linked websites or mobile applications. We assume no liability or responsibility for:

  1. Errors, mistakes, or inaccuracies of Content and materials.
  2. Personal injury or property damage of any nature resulting from your access to and use of the Services.
  3. Any unauthorized access to or use of our secure servers and/or any personal or financial information stored therein.
  4. Any interruption or cessation of transmission to or from the Services.
  5. Any bugs, viruses, trojan horses, or similar items that may be transmitted to or through the Services by any third party.
  6. Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitations of Liability

In no event will we or our founders, directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages. These damages include lost profits, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid, if any, by you to us during the one (1) month period prior to the cause of action arising.

Certain US State Laws and International Laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

Indemnification

You agree to defend, indemnify, and hold us, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  1. Your use of the Services.
  2. Any breach of these Legal Terms.
  3. Any breach of your representations and warranties set forth in these Legal Terms.
  4. Your violation of the rights of a third party, including but not limited to intellectual property rights.
  5. Any overt harmful act towards any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. While we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or payments or the granting of credits by any means other than electronic means.

Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at: [email protected].

Last updated date: 11-09-23