APPTECH GATEWAY INTERNATIONAL LTD
Terms, Conditions and Notices.
Welcome to the Apptech website and or mobile facilities, including related applications (collectively, this/the “Website”). This Website is provided solely to assist customers in gathering and reporting social experience information, posting opinions of similar related issues, engaging in interactive social forums with business owners and alike directly, and for no other purposes. The terms “we”, “us”, “our” and “Apptech” refer to Apptech Gateway International Ltd, a Belize corporation and/or our subsidiaries/Agents/authorized representatives. The term “you” refers to the customer visiting the Website and/or contributing content on this Website/Mobile application (the APP).
This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, please do not use this Website.
We may change or otherwise modify the Agreement in the future, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our Website. Be sure to return to this page periodically to review the most current version of the Agreement.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that:
- all information supplied by you on this Website is true, accurate, current and complete,
- whether you are signed up to use the Apptech facility or otherwise, you will safeguard your account and usage information and will supervise and be completely responsible for any use of your account by anyone other than you and
- in the event that you are considered a minor as defined in your jurisdiction of use of this website or under the age of 13 in any jurisdiction in the world you have full unequivocal/parental/guardian authority and permission to firstly use the device you are utilizing to access this website and also the same to register for an account and or contribute to the Website. Apptech does not knowingly collect the information of anyone under the age of 13 in the USA or anyone who is considered a minor under the age of 13 years in any other part of the world. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using our Website and services, including any Apptech products or services that facilitate the sharing of Content from third party sites, you understand that you are solely responsible for any information that you share with us.
The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
- use this Website or its contents for any commercial purpose other than its intended use,
- access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of this Website for any purpose; or
- “frame”, “mirror” or otherwise incorporate any part of this Website into any other website.
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Apptech in connection with the Website or the services.
In certain circumstances we may disclose information about you to third parties if we determine, in our sole discretion, such disclosure is necessary:
- to protect Apptech’s systems, assets, employees, members and customers;
- to ensure the integrity and operation of Apptech’s business and systems; or
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS
We appreciate hearing from you. Please be aware that by submitting content to this Website by email, via any Apptech’s synchronization product/s, postings on this Website or otherwise, including any content that is transmitted to your Apptech account by virtue of any Apptech product or service, hotel, lodging, restaurant reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Apptech and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that Apptech may choose to provide attribution of your comments or reviews at our discretion. You further grant Apptech the right to pursue at law any person or entity that violates your or Apptech’s rights in the Submissions by a breach of this Agreement. You authorize Apptech to make copies of Submissions as it deems necessary in order to facilitate your use of its Website and available products. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of social experiences or other content, messages, materials or other items on this Website (“Interactive Areas”). If Apptech provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:
Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC), the US Federal Trades Commission FTC, or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ or Global securities regulations;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Apptech;
Unsolicited promotions, political campaigning, advertising, or solicitations;
Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers, national insurance numbers, debit and credit card numbers or any personal or corporate information that is to be considered sensitive in the norm, military and or governmental information whether sovereign, personal or corporate;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted;
Content or links to content that, in the sole judgment of Apptech, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose Apptech or its affiliates or its users to any harm or liability of any type.
Apptech takes no responsibility and assumes no liability for any Content posted, stored, transmitted or uploaded by you or any third party, or for any loss or damage thereto, nor is Apptech liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Apptech is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Apptech has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area other than when contributed via a minor, Apptech reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you provide to us or store on this Website at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that:
- you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto;
- you have no objection to the publication, use, modification, deletion and exploitation of the Content by Apptech or its licensees, successors and assigns;
- you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and
- you forever release Apptech, and its licensees, successors and assigns, from any claims that you could otherwise assert against Apptech by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.
INSTANT REWARDS FROM THIRD-PARTY SUPPLIERS AND SOURCES THROUGH APPTECH
(“THIRD PARTY” DEFINITION-AN INDIVIDUAL OR CORPORATE ENTITY OT ANY OTHER PARTY OTHER THAN APPTECH)
Use of Instant rewards (rewards). Apptech may offer you the ability to benefit and or receive rewards from third-party suppliers with or without leaving the Apptech site experience. By using such rewards facilitated by the/an Instant rewards program, you may become a member if you are not one already of such third-party program. As a member of such third-party programs, you may be able to post social reviews, participate in discussion forums, post content to yourself and to others, access and receive members-only newsletters and social event content, and enter surveys, contests, or sweepstakes and or raffles etc.
AS A USER OF THIS WEBSITE, INCLUDING INSTANT REWARDS, YOU UNDERSTAND AND AGREE THAT:
(1) NEITHER APPTECH NOR ITS AFFILIATES WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR PASSWORD OR ACCOUNT; AND
(2) THE UNAUTHORIZED USE OF YOUR PASSWORD OR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH APPTECH AND OTHER USERS.
Apptech and its affiliates will not interfere with third party programs arbitrarily, but we reserve the right to cancel or not process a Third-Party Program Opportunity (TPPO) because of certain extenuating circumstances, such as when a PO is no longer available or when we have reasonable cause to suspect that a PO application/request may be fraudulent. Apptech also reserves the right to take steps to verify your identity to process your PO.
In the unlikely event that a TPPO is available when you place an application/request but becomes unavailable prior during or post any confirmation/acknowledgement from the third party, your sole remedy will be to contact the third-party supplier to make alternative arrangements or to cancel your PO application/request.
Third-Party Suppliers. Apptech is a standalone independent international corporate entity. Albeit Apptech may display information about programs owned and operated by third-party suppliers on an Instant Rewards or other commercial basis, such actions are not in any way intended to imply, suggest, or constitute Apptech’s blanket sponsorship or approval of all third-party suppliers or their programs/products. However, Apptech does endorse, support and or recommend certain very carefully selected products and or services of any third-party suppliers of which such products and services must meet the strict ethical and moral standards by the Apptech Board. You agree that Apptech is not responsible for the accuracy or completeness of information it obtains from third-party suppliers and accordingly displays on its sites or apps. Apptech adopts a “fitness for purpose” approach to third party suppliers and such suppliers are scored by the Apptech board on a product/service “competency” and “compliance” and moral and ethical basis.
This Website may link you to supplier sites or other websites that Apptech does not operate or control. For further information.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRODUCT/SERVICES AVAILABILITY AND PRICING ERRORS. APPTECH, ITS AGENTS AND CORPORATE AFFILIATES, COLLECTIVELY, THE “APPTECH GROUP OF COMPANIES”) DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRODUCT/SERVICES, DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, APPTECH EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING PURCHASES MADE UNDER AN INCORRECT PRICE.
THE APPTECH GROUP OF COMPANIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE APPTECH GROUP OF COMPANIES UNLESS EXPRESSLY WRITTEN OTHERWISE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE APPTECH GROUP OF COMPANIES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE APPTECH GROUP OF COMPANIES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPTECH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL THE APPTECH GROUP OF COMPANIES (OR THEIR OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO ANY APPTECH SYNCHRONIZATION PRODUCT); OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF APPTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If the Apptech Group OF Companies are found liable for any loss or damage that arises out of or is in any way connected with your use of our sites or services, then the Apptech Group of Companies’ liabilities will in no event exceed, in the aggregate, the greater of:
- the transaction fees paid to Apptech for the transaction(s) on this Website giving rise to the claim, or
- One-Hundred Dollars (US $100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Apptech Group of Companies.
You agree to defend and indemnify Apptech and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of this Agreement or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of this Website or our services.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than Apptech. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Apptech uses best endeavors to ensure all and any hyperlink references and directions are of good moral and ethical standards and safe, however Apptech places no guarantee of such. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on Apptech to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third-party site) at any time.
SOFTWARE AVAILABLE ON THIS WEBSITE
Unless otherwise specified, the materials on the websites are presented solely to provide information regarding and to promote Apptech’s services, websites, partners and other products available on an international www basis. The Apptech websites are controlled administratively from its base in Belize. Apptech makes no representation that materials on the Apptech websites are appropriate or available for use on a global basis. Should you the user not be sure of whether the content of the Apptech website/s and or mobile applications are permitted and or suited to the jurisdiction of your use then you are solely responsible for verification of such. Those who choose to access the Apptech website do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. By using the Apptech websites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country of which prohibition does not permit such use.
Any software that is made available to download from the Apptech websites (“Software”) is the copyrighted work of Apptech, or Apptech affiliates, or other third-party software owners. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Website, is owned by Apptech and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are: ©2018 Apptech. All rights reserved. Apptech is not responsible for content on websites operated by parties other than Apptech. APPTECH, the logo, and all other product or service names or slogans displayed on this Website are registered and/or common law trademarks of Apptech Gateway International Ltd and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Apptech or the applicable trademark holder. In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Apptech may not be copied, imitated or used, in whole or in part, without the prior written permission of Apptech. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Apptech unless expressly stated.
JURISDICTION AND GOVERNING LAW
This Website is administratively operated by a Belize entity and this Agreement is governed by the laws of Belize. You hereby consent to the exclusive jurisdiction and venue of courts in Belize and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against Apptech International Ltd arising from or relating to this Website must be heard and resolved in a court of competent subject matter jurisdiction located in Belize or its supported jurisdiction. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes may not be updated on a daily basis. The information supplied by this application is believed to be accurate, but Apptech, and/or its affiliates do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and Apptech International Ltd and/or affiliates as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Apptech with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Apptech with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
All rights reserved.