PLEASE CAREFULLY READ THE FOLLOWING MOBILE APPLICATION TERMS OF USE (“TERMS OF USE”) BEFORE ACTIVATING OR OTHERWISE USING THE APEX MOBILE APPLICATION AND ITS RELATED SERVICES (COLLECTIVELY, THE “MOBILE APP”). BY PROCEEDING WITH THE MOBILE APP ACTIVATION OR OTHERWISE USING THE MOBILE APP, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS OF USE.
The following Terms of Use apply to the Mobile App, operated by Apex Management Services Ltd. (“Apex”, “we”, “us” or “our”). By accessing or using the Mobile App on your mobile device or other equipment (“Device”), you acknowledge that you are 18 years of age or older and you have read and agree to be bound by these Terms of Use in their entirety, along with any modifications to these Terms of Use, which are incorporated by reference into these Terms of Use, any additional terms applicable to certain content and features, and all applicable laws, rules, and regulations governing your use of the Mobile App. We may add to, delete, or change these Terms of Use without notice to you, and to the fullest extent under applicable law, your continued use of the Mobile App constitutes your agreement to all such changes. Unless explicitly stated otherwise, any new features or services that augment or enhance the Mobile App in the future shall be considered part of the Mobile App and subject to these Terms of Use.
1. Features Of The Mobile App
You are required to create login credentials online by following the instructions we will send to you during the “create an account” process prior to using the Mobile App.
The Mobile App allows Debtors to:
- View information about your account, such as balance and transaction history.
- Establish payment arrangements
- Make online payments
- Communicate with Apex via text messages
The Mobile App allows Creditors to:
- Assign accounts to Apex for debt collection
- View information about accounts assigned to Apex, such as balance and transaction history.
- Communicate with Apex via text messages
Balances shown by the Mobile App may differ from your records because they may not include transactions in the process. If you think there is an error related to your account, including any transaction, you must telephone or write to us as soon as possible.
2. Fees
Apex does not charge for use of the Mobile App, however, if the Mobile App utilizes text messages, standard data and text rates may apply for each text message sent from and received by your Device, as determined by your wireless subscriber agreement with your wireless provider. You are solely responsible for all data usage and other charges by your wireless provider that accrues from your access to and use of the Mobile
App.
3. Use Of The Mobile App.
Apex hereby licenses to you, on a revocable, non-exclusive, non-sublicensable, and otherwise non-transferable basis, and subject to the Terms of Use, the limited right to install, access, and use the Mobile App on a personal Device owned or controlled by you, solely for your own personal, non-commercial use. All rights not expressly granted to you are reserved by Apex.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, loan, decompile, reverse engineer, disassemble, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products, or services obtained from the Mobile App, except for the purposes expressly provided herein, without Apex’s prior written approval.
You agree not to provide access to your Device together with your user id and password to others. You are responsible for all your use of the Mobile App and for ensuring that your use of or access to the Mobile App complies fully with these Terms of Use. You acknowledge and agree that any use of the Mobile App occurring through the installed Mobile App shall be deemed to be your actions and that Apex may rely upon such actions. You are solely responsible for protecting the security of the installed Mobile App on your device.
4. Payments.
We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
When making any payments to Apex (“Payment”) through the Website or Mobile Application, you authorize Apex to process the Payment in accordance with the payment method and information entered into the Website or Mobile Application (“Payment Instructions”). You agree that you are legally authorized to use as a Payment method the financial institution account (such as the account linked to the debit or credit card or the checking or savings account) that you include in any Payment Instructions (“Payment Account”). You are solely responsible for ensuring that your Payment Account or payment card information (including the payment card expiration date) is current and accurate. You may not use the Website or Mobile Application for any illegal activity or purpose.
5. Suspension And Termination.
If you wish to terminate your use of the Mobile App, please delete the Mobile App according to the application delete functionality associated with your Device.
Apex reserves the right to suspend, discontinue or terminate these Terms of Use and the license hereunder at any time, immediately and without prior notice or obligation to you, and as determined in Apex’s sole discretion (i) if you violate any part of these Terms of Use, or (ii) for any other reason or no reason. We may notify you of any such suspension, discontinuance, or termination, and upon your receipt of such notice, you will immediately discontinue the use of the Mobile App and uninstall the Mobile App from your Device. You agree that we shall not be liable to you for any suspension, discontinuance, or termination of these Terms of Use or the license hereunder.
6. Interruption Of Service
The Mobile App is available through your Device when it is within the operating range of a wireless carrier. Access to and use of the Mobile App from your Device is subject to transmission limitation, delays, or interruption due to, among other things: (i) hardware failure (such as failures of your Device, services, networks, telecommunication lines, and connections, and other electronic and mechanical equipment); (ii)software failure (such as bugs, errors, viruses, incompatibility of applications, utilities or systems, unreadable codes, irregularities within particular content, or configuration problems); (iii) your wireless service availability and capacity; (iv) government or regulatory restrictions, exchange rulings, cour
You acknowledge and agree that neither Apex nor its subsidiaries, affiliates, licensors, and/or Apex’s Bank will be responsible for or liable to you for: (i) for the capabilities or reliability of any equipment or software used to access the Mobile App; or (ii) the unavailability of your wireless service, network delays, limitations on wireless coverage, system outages, or interruption of a wireless connection.
7. Data Retention Period
We retain personal information we collect from you as long as we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements).
8. Opt-Out Communications
We offer those who provide personal contact information a means to choose how we use the information provided. You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located at the bottom of our marketing emails, or you may send a request to info@apexbahamas.com. You may opt out of receiving promotional communications from us by using this unsubscribe link within each email. Even after you opt-out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding your accounts with us. You can opt-out of some notification messages in your account settings.
9. Disclaimer Of Warranties
THE INFORMATION, PRODUCTS, AND SERVICES ON THE MOBILE APP ARE PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF AND ACCESS TO THE MOBILE APP ARE AT YOUR SOLE RISK. APEX PROVIDES NO WARRANTY THAT THE INFORMATION OR SERVICES PROVIDED THEREIN OR YOUR USE OF THE MOBILE APP GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. APEX WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THE MOBILE APP. APEX DOES NOT WARRANT THAT THE MOBILE APP WILL WORK ON A DEVICE OR ACROSS THE NETWORK OF A WIRELESS SERVICE PROVIDER.
Although the information provided to you on the Mobile App is obtained or compiled from sources, we believe to be reliable, Apex cannot and does not guarantee the accuracy, validity, timeliness or completeness, security, or reliability of any information or data made available to you for any particular purpose. Neither Apex, nor any of its clients, subsidiaries, affiliates, directors, officers, or employees, nor any Apex Licensor (as defined herein), nor any third party vendor (collectively, the “Apex Parties”), will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Mobile App, or resulting from the act or omission of any other party involved in making the Mobile App, the data contained herein or the products or services offered on the Mobile App available to you, or from any other cause relating to your access to, inability to access, or use of the Mobile App or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Apex or of any vendor providing software or services.
Apex reserves the right, in its sole discretion, without any obligation, and without any notice requirement, to change, improve or correct the information, materials, and descriptions on the Mobile App and to suspend and/or deny access to the Mobile App for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on the Mobile App may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Apex does not undertake any obligation or responsibility to update or amend any such information. Apex may discontinue or change any product or service described in or offered on the Mobile App at any time.
YOU UNDERSTAND THAT THERE ARE RISKS ASSOCIATED WITH USING A DEVICE, INCLUDING MOBILE APPLICATIONS ON A DEVICE, AND THAT IN THE EVENT OF THEFT OR LOSS, YOUR CONFIDENTIAL INFORMATION COULD BE COMPROMISED.
10. Limitation Of Liability
In no event will an Apex Party be liable to you or any third party, whether in contract or tort, for any direct, special, indirect, consequential, or incidental damages or any other damages of any kind for any breach of these Terms of Use, even if such Apex Party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, loss of use, data, goodwill, business, or profits; the transmission of any viruses which may infect a user’s equipment; failure of mechanical or electronic equipment or communication lines; telephone or other interconnect problems (e.g., you cannot access your internet service provider); unauthorized access; theft; operator errors; strikes or other labor problems or any force majeure. Apex cannot and does not guarantee continuous, uninterrupted, or secure access to the Mobile App.
In addition, notwithstanding anything contrary herein, although Apex may take reasonable precautions to protect the Mobile App and avoid deletion, corruption, or unauthorized modification or access of or to the Mobile App, and to provide the Mobile App error-free or uninterrupted, we make no representation and warranty that our efforts will be successful at all times, and we specifically disclaim all liability whatsoever with respect to our failure to protect the Mobile App or provide the Mobile App error-free or uninterrupted.
11. Indemnification
You agree to indemnify, defend and hold harmless the Apex Parties from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to: (i) your violation of these Terms of Use or any law, rule or regulation; and (ii) your loss or the interception of any data or account information. You will cooperate as fully and reasonably as required by Apex in the defense of any claim. Apex reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of Apex.
12. Proprietary Rights
The Mobile App may contain components licensed from Apex’s licensors and content and data providers (collectively, “Apex Licensors”), which components may enable the Mobile App to perform certain functions. All rights in any third-party components or data, including, without limitation, all ownership rights, are reserved and remain with the respective Apex Licensors.
All right, title and interest in and to the Mobile App and any content contained herein is and will remain the exclusive property of Apex and/or Apex Licensors, except as otherwise stated. The Mobile App is protected by copyrights, trademarks, service marks, and/or other proprietary and intellectual property rights and laws of the Bahamas and other countries. You agree to abide by all applicable proprietary rights laws, as well as any additional copyright notices or restrictions contained in these Terms of Use or in the Mobile App. If you copy or download any information or software from the Mobile App, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.
13. Governing Law
These Terms of Use are governed by and interpreted in accordance with the laws of the Commonwealth of The Bahamas. The courts of the Commonwealth of The Bahamas will have exclusive jurisdiction in respect of any dispute which may arise in connection with these Terms of Use and/or your use of the App.
14. Contact
If you have any questions about this agreement, please contact us: by email at info@apexbahamas.com , by phone at (242)-328-8301, on our website at https://www.apexbahamas.com/contact/ or by mail at Apex Management Services Ltd. c/o Compliance Officer P.O. Box 6474, Nassau, Bahamas.