THE FOLLOWING (“TERMS AND CONDITIONS”) APPLY TO THE ACCESS AND THE USE OF THE APEX MANAGEMENT SERVICES LTD. www.apexbahamas.com WEBSITE (“Website”) AND THE SERVICES PROVIDED HEREIN BY APEX MANAGEMENT SERVICES LTD. (“APEX”). BY ACCESSING ANY PAGE OF THIS WEBSITE AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY DISCONTINUE YOUR ACCESS TO THIS WEBSITE AND/OR USE OF THE SERVICES.
1. General
The information, materials, products, services, advice, data, and communication (“Contents”) contained in this Website does not constitute an invitation to treat or offer to enter into legally binding contract with Apex and is provided for general information only.
The Contents described or offered on this Website are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Apex to any restriction within such jurisdiction or country.
You are advised to seek independent legal, financial, or other advice as you deem necessary at all times before making any decision based on any Content on this Website.
You shall be solely responsible for making your own assessment when accessing and using this Website, the Contents, and services herein. Further assessing and using the services under these Terms and Conditions shall be at your sole rights at all times.
Further thereto, Apex also reserves the right to make any amendments to these Terms and Conditions from time to time. Apex shall notify you of such amendments by notice, among others, displayed on this Website at least 21 days before the said amendments come into effect and after which, your continued access to this Website and/or use of the services herein subsequent to any such amendments made shall constitute your agreement and binding acceptance of the same.
2. Terms And Conditions
The Terms and Conditions herein and all supplements, amendments and variations shall collectively constitute the agreement between you and Apex and shall apply to this Website and the services provided herein.
3. Disclaimers
References to information and material contained on the Website include such information and material that may be provided by third parties. Apex advises you to visit, telephone, e-mail, fax or write to such parties for more information or to confirm the information contained herein.
Apex does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, correctness, accuracy, satisfactory quality, reliability, fitness for a particular purpose in respect of the website, the material, information and/or functions therein and expressly disclaims liability for errors and omissions in such materials, information and/or functions. With derogation of the above and/or the Terms and Conditions of the applicable terms and conditions governing all the products and services of Apex, reasonable measures will be taken by Apex to ensure the accuracy and validity of all information relating to transactions and products of Apex.
Apex shall not be responsible or liable for any loss caused or damage incurred or suffered by you or any other person as a consequence of accessing this Website or using the services provided herein.
Further, Apex does not warrant or represent that access to the whole or parts of this Website, the materials, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer, laptop, tablet, mobile device, or any other devices that are used to access the above.
4. Links
Throughout your access to this Website and use of the services herein, you will come across hyperlinks to third parties websites, which are not under Apex’s control, unless stated otherwise. These hyperlinks are provided for your reference only and do not represent in any way whatsoever Apex’s endorsement or sanction of the same. Accordingly, Apex shall not be responsible or liable for your access and use of the same or any information or materials available therein. Apex shall also not be responsible for any form of transmission or communication between you and the said third parties or your participation or use of their information, materials, services or promotions. For this purpose, you agree to be solely responsible for the same or any portion thereof.
5.Your Conduct
You agree that the access to this Website and use of the services herein shall at all times be in accordance with all legislation, laws, and regulations governing the same and you shall not, at any time whatsoever, attempt or assist any other person to transmit any Content through this Website or services herein, which is abusive, defamatory, infringes another person’s rights, constitutes a criminal offence or gives rise to civil liability encourages racism, promotes hatred, contains pornography or pedophilia, contains any viruses or deleterious files and/or is otherwise objectionable to public morals and decency involving any Shariah non-compliance event. You also agree not to hack or attempt to gain unauthorized access to this Website and the services herein, disrupt the security of its resources, provide information, which is inaccurate or false, and/or otherwise abuse and misuse this Website and the services herein. If at any time you discover or suspect the occurrence of any of these activities, you are required to notify Apex immediately, and in failing or delaying doing so, you may also be held liable for the same.
Apex is not obliged to monitor or review your access to this Website or use of the services herein. However, Apex may do so from time to time for Apex’s own purposes or where Apex is compelled to do so under these Terms and Conditions, without notice and without any liability whatsoever to you.
6. Confidential Information
You are advised to read and understand the Apex Privacy Statement (which is available at https://www.apexbahamas.com/privacy) and the clauses herein and the Terms and Conditions of Apex Internet and Mobile Banking. Your continued access to this website shall be regarded as you have agreed to be bound by the said Privacy Statement and all terms and conditions contain and referred to herein.
It is Apex’s policy to respect the privacy of any information disclosed by you pursuant to your access of this Website and use of the services herein (“Confidential Information”). Accordingly, Apex will neither edit nor disclose your Confidential Information unless Apex is required to do so in accordance with any legislation, laws, or regulations, to protect Apex’s rights and property, enforce any provision in these Terms and Conditions, to provide you with the services herein, respond to any claim that the Content violates the rights of another person or as otherwise provided herein.
Notwithstanding the above, Apex may from time to time disclose your Confidential Information (only in aggregate or demographic form) to relevant parties for their records. Further information on how Apex values your privacy and strives to safeguard your Confidential Information in compliance with the laws of The Bahamas is provided in Apex Privacy Statement.
7. Copyright
Unless otherwise indicated, the copyright in this Website and its Contents, including but not limited to the text, images, graphics, sound files, video files, and their arrangement, are the property of Apex and are protected by applicable Bahamian and international copyright laws. No part or parts of this Website may be modified, copied, distributed, retransmitted, broadcasted, displayed, performed, reproduced, published, licensed, transferred, sold, or commercially dealt with in any manner without the express prior written consent from Apex.
You also may not, without Apex’s express prior written consent, insert a link to this Website on any other website, frame or “mirror” any material contained on this Website on any other server.
Any such unauthorized reproduction, retransmission or other copying or modification of any of the Contents of this Website may be in breach of statutory or common law rights which could be the subject of legal action. Apex disclaims all liability that may arise from any unauthorized reproduction or use of the Contents of this Website.
8. Trademarks
All trademarks, service marks, and logos displayed in this Website are the property of Apex and/or their respective third party proprietors as identified on the Website.
Unless the prior written consent of Apex or the relevant third party proprietor of any of the trademarks, service marks or logos appearing on the Website has been obtained, no license or right is granted to any party accessing this Website to use, download, reproduce copy or modify such trademarks, services marks, or logos. Similarly, unless the prior written consent of Apex or the relevant proprietor has been obtained, no such trade mark, service mark or logo may be used as a link or to mark any link to this Website or any
other site.
9. Exclusion
Apex shall not be liable for any loss or damages howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss of profits or loss of savings arising in connection your access or use or the inability to access or use this Website (or any third party link to or from this Website), reliance on the information, opinions or recommendations contained in the Website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise, whether or not Apex has been advised of the possibility of such damages or loss. This exclusion clause shall take effect to the fullest extent permitted by law.
10. Indemnity
You shall fully indemnify and keep indemnified Apex officers, directors, employees, agents, and servants from all liabilities, claims, losses and expenses, including any legal fees or disbursement that may be incurred by Apex, whether directly or indirectly, at all times in connection with or arising from breach of any of the provisions under these Terms and Conditions.
11. Miscellaneous
Apex reserves the right to modify (including limit, replace or delete) this Website, the services herein, and the Content or any portion thereof as well as to terminate or restrict your access and/or use of the same at any time. Pursuant thereto, where Apex believes that such modifications are substantial or materially affect your access and use of the same, Apex shall notify you of such modifications by notice, among others, displayed on this Website at least 7 days before the said modifications come into effect, except where circumstances beyond Apex’s control, limit, ability, and efforts to do so.
12. Change Of Terms And Conditions
Apex reserves the right to vary, amend or supplement any of these Terms and Conditions by way of notice on the website or in such other manner as communicated by Apex from time to time. Notwithstanding the same, you should be able to view the revised Terms and Conditions upon access to this Website and you are advised to read and understand the revised Terms and Conditions as the use of the services thereafter shall constitute your acceptance of the variations, amendments or supplements.
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.
