Terms and Conditions

These Terms and Conditions (“Terms and Conditions”) govern the use of accessing the Services i.e. www.apacfin.com and the associated mobile application (hereinafter referred to as the “Services”). The Services are owned and operated by APAC Financial Services Private Limited, having its registered office at 1st Floor, Ashford Centre, Shankar Rao Naram Marg, Lower Parel (W), Mumbai – 400013 (“APAC”).

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS, TOGETHER WITH THE PRIVACY POLICY AVAILABLE AT www.apacfin.com/privacy-policy, AND OTHER POLICIES WHICH MAY BE APPLICABLE TO SPECIFIC PORTIONS OF THE SERVICES CONSTITUTE THE TERMS OF YOUR ACCESS TO AND USAGE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THE PRIVACY POLICY AND OTHER POLICIES WHICH MAY BE APPLICABLE TO THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THE PRIVACY POLICY, AND OTHER POLICIES WHICH MAY BE APPLICABLE TO SPECIFIC PORTIONS OF THE SERVICES PLEASE DO NOT ACCESS OR USE THE SERVICES.

APAC may revise and update these Terms and Conditions from time to time. Your continued usage of the Services is considered as an implied acceptance of the changes and that you agree to abide by these Terms and Conditions for usage of the Services.

LIMITED LICENSE

We grant you a non-exclusive, non-transferable, limited right of access to the Services. You are not permitted to archive or retain any information or content herein in any form without our prior written permission. This limited right to access the Services terminates automatically, without notice to you, if you breach any of the Terms and Conditions mentioned herein.

You agree not to use the Services for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You may not distribute, modify, transmit, reuse, repost, or use the content of the Services for public or commercial purposes, including the text, images, audio, and video without APAC’s written permission. You agree to protect the proprietary rights of APAC and all others having rights in the Services or its content and to comply with all reasonable written requests made by APAC or others, to protect their and others' contractual, statutory and common law rights in the Services. You agree to notify APAC in writing, promptly upon becoming aware of any unauthorized access or use of the Services by any party or of any claim that the Services infringes upon any copyright, trademark or other contractual, statutory or common law rights. You further acknowledge that all the intellectual property in the Services continues to vest with APAC.

We reserve the right to deny you, at our sole and absolute discretion, access to the Services, including any portion thereof without any prior notice.

CONTENTS

We make no warranty that the contents of the Services are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof, to any users of the Services.

APAC gives no warranties (whether expressed or implied) or recommendations, as to the quality, accuracy, efficacy, completeness, performance, fitness for a particular purpose of the Services or any of its contents. The content of the Services does not constitute an express or deemed opinion or an expert view. Any decisions will be based solely on your own evaluation and neither APAC or its representatives nor any third party shall be liable for any loss or damage of any kind whatsoever, caused by your reliance on the information obtained through the Services. We reserve the right to change the contents of the Services at any time without notice.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, if any, are those of the respective parties and not necessarily those of APAC. The Services may contain links to other websites, web-pages and services also operated by other persons / entities / companies (other sites), and your use of such other sites is also subject to the terms and conditions and other terms and guidelines, if any, contained within such other sites. APAC disclaims all liability for the content and/or materials available on such other sites.

USE OF SERVICES – EVIDENCE OF TRANSACTIONS WITH CUSTOMERS

In respect of any transactions which may be permitted by APAC from time to time, APAC’s own records of such transactions, maintained through computer systems or otherwise, shall be accepted as conclusive and binding for all purposes.

INTELLECTUAL PROPERTY

All rights, title and interest in the Services belong to APAC. The content and information contained within our Services or delivered to you in connection with your use of our Services is the property of APAC and its affiliated companies and any other third party (where applicable), and may be protected by applicable copy rights, trademarks and service marks under international treaties and/or laws of India or other countries. The copy rights, trademarks, trade names and logos (the "Trade Marks") that are used and displayed on our Services include registered and unregistered Trade Marks held by us and other third parties are the property of their respective owners. Nothing on our Services should be construed as granting any license or right to use any Trade Marks displayed on our Services. Users are prohibited from using the same without written permission of APAC or such other parties.

All rights to use the materials on the Services are reserved and no part of such materials may be modified, reproduced, stored in a retrieval system, transmitted (in any form or by any means), copied, broadcasted, distributed, used for creating derivative works or used in any other way for commercial or public purposes without the prior written consent of APAC.

APAC neither warrants nor represents that your use of material displayed on the Services will not infringe intellectual property rights of any other third parties not owned by it.

Your misuse of the Trade Marks displayed on the Services, or any other content on the Services, except as provided in these Terms and Conditions, is strictly prohibited. We shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential and exemplary), over and above all other remedies available to us, to protect our interests therein.

CONFIDENTIAL INFORMATION

We discourage you from sending or posting to the Services any information that you consider to be confidential or proprietary. Please note that if you do send or post any such information or material, we will assume that it is not confidential. By sending or posting any information or material, you grant us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you agree that we are free to use any ideas, concepts, know-how or techniques that you send or post for any purpose whatsoever on the Services. It is also clarified that APAC will be under no obligation to destroy / discard any information shared by you on or through the Services, even if specific request is made in this regard.

DISCLAIMER OF WARRANTIES

The Services are provided "as is" with no warranties whatsoever. Except as warranted in these Terms and Conditions, we expressly disclaim all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy & completeness, and any warranties relating to non-infringement. We shall not be responsible or liable for the authenticity, accuracy, completeness, errors, omission, typographic errors, disruption, delay, interruption, failure, deletion, defect of any information, research, reports, analysis, quotes etc. in the Services or any part thereof.

We do not warrant that access to the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the Services or as to the accuracy or reliability of the content contained therein.

We make no warranty regarding the transactions entered into through the Services. No advice or information, whether oral or written, obtained by you from or through the Services or any person shall create any warranty not expressly stated herein.

We shall not be liable for any action taken by you based on or relying on the information provided in or by the Services.

We will not be liable for any virus that may enter your system as a result of you using the Services. We make no guarantees to you or third parties that the content contained on the Services would be virus free. We will not be liable for any direct, incidental or consequential loss, which may be caused to you as a result of your use of the Services.

If you are dissatisfied with any portion of the Services or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Services.

INDEMNIFICATION

You agree, at your own expense, to indemnify, defend and hold harmless APAC and its representatives, against any claim, suit, action or other proceeding brought against APAC or its representatives and as by a third party, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with the use of the Services, or any links therein, including, but not limited to:

  • Your use or someone else's use of your access to the Services;
  • Your use/operation or someone using/operating or conducting any transactions, where applicable;
  • A violation of the Terms and Conditions contained herein by you or anyone using your computer;
  • A claim that any use of the Services by you or someone using your computer infringes any Intellectual Property Right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party;
  • Any deletions, additions, insertions or alterations to, or any unauthorized use of, the Services by you or someone using your computer;
  • Any misrepresentation or breach of representation or warranty contained herein made by you; or
  • Any breach of any covenant or agreement to be performed by you hereunder.

You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorney's fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

LIMITATION OF LIABILITY

In no event will APAC or its employees and directors be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Services or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if APAC or its employees and directors thereof, are advised of the possibility of such damages, losses or expenses.

SOFTWARE LICENSES

You acknowledge that any software which may be available or provided to you on the Services may contain technology that is subject to strict controls pursuant to export control laws and regulations of the India and other countries and jurisdictions. You hereby agree that you will not transfer or export such software in violation of such applicable export laws and regulations. APAC does not authorize the downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by such export controls laws and regulations.

RBI DISCLAIMER

The Reserve Bank of India does not accept any responsibility or guarantee about the present position as to the financial soundness of the company or for the correctness of any statements or representations made or opinions expressed by APAC Financial Services Private Limited and for discharge of its liability.