Terms & Conditions Last modified: April, 2018

The use of any service, product or feature available through the web sites accessible at Apay Marketing Private Limited by any user of the Website (“You” or “Your” hereafter) shall be governed by the terms of use given below:

By viewing or accessing Apay products or services, You agree to the following Terms and Conditions (hereafter referred to as, "Terms of Use", “Terms”) detailed below. These Terms govern Your use of our website, all its content, software, and services offered thereon. By using our website, You agree to these Terms as well as receiving the required notices and to transact with us via computer. If You do not agree with these Terms, we advise You not to use our website.

1. TERMS AND CONDITIONS


1.1. CHANGES TO THE TERMS


We may change these Terms of Use at any time, You are advised to check them from time to time. The mention “Last modified” followed by a date, shall help You in noticing changes to these Terms. If You do not agree to these future changes to our Terms, please do not continue to use our website. If You continue to use the website after we post changes to these Terms of Use, You are signifying Your acceptance of the new Terms.

1.2. ADDITIONAL TERMS


Certain areas of our website, where You can download or upload files, may include usage guidelines and rules that will supplement these Terms. By using those services on the website, You agree to comply with such guidelines and rules

2. ELECTRONIC-DELIVERY POLICY AND YOUR CONSENT


You agree that we may electronically provide You required notices, agreements, and other information concerning the website. If You no longer agree to receive notices electronically, please cease to use the Website

3. SERVICES AVAILABILITY


Apay aims at provide a stable and reliable website. However, it may happen that services are unavailable due to the maintenance of the system or technical problems. Apay may also suspend or permanently remove any service for any reason without Your consent or giving prior notice. We will not be liable for any loss, damage or upset that You suffer as a consequence of a service becoming temporarily or permanently unavailable

4. PRIVACY POLICY


We have designed our privacy policy to make important disclosures about our privacy practices regarding any personal data You may provide us or we receive from You. For all questions about how we use the information we obtain through Your use of the Website

5. ACCESS COSTS


You must provide, at Your own expense, the equipment and Internet connections that You will need to access and use our website. If You access our website through a telephone line, please call Your local phone company to determine if the access numbers You select are subject to long- distance or other toll charges at Your location. Also, if You access the website through wireless applications (e.g., cell phones), Your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging, and other services that require the use of airtime and wireless data services. Check with Your carrier to verify whether any such fees apply to You. You are solely responsible for any costs You incur to access the Websites through any wireless or other communication service


6. YOUR RESPONSIBILITIES


6.1. USE OF THE WEBSITE


You may use the Website for lawful purposes only. By using our website, You must keep Your contact information up to date


6.2. RESTRICTION OF USE


You may not use our website:

(i) For Your own commercial gain;

(ii) To offer any form of advertising or promotion without Our prior written consent; or

(iii) To provide any false personal information or any information, content, or material on account of anyone other than Yourself without permission. You may not use our website in any manner that could damage, disable, overburden, or impair our servers or networks or interfere with any other party’s use and enjoyment of the website. You may not attempt to gain unauthorized access to any services, user accounts, computer systems, or networks through hacking, password mining, or any other means. We may take any legal and technical measures to prevent the violation of this provision and to enforce these Terms of Use. You may not use the website or any of Our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about our users for the purpose of sending (or to facilitate the sending) of unsolicited bulk communications. You may not induce or allow others to use the website to violate the terms of this section. We may terminate Your access or use of the Website immediately and take other legal action if You, or anyone using Your access to the website, violate these provisions. We may take any technical measures to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.


6.3. SUBMITTING ON THE WEBSITE WEB


You may not submit or transmit through the Website any information, content, or material or otherwise engage in any conduct that:

(i) Violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;

(ii) Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another"s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts, or is pornographic;

(iii) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

(iv) Impersonates any person, business, or entity, including WEL and its employees and agents;

(v) Contains viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or that otherwise permit the unauthorized use of a computer or computer network;

(vi) Encourages conduct that would constitute a criminal offense or give rise to civil liability;

(vii) Violates these Terms of Use, guidelines, or any policy posted on the Websites;

(viii) Interferes with the use of the Websites by Any information, content, or material You have created and submitted or transmitted through Our Website and that is covered by intellectual property rights (or similar rights) shall be licensed to Us as a nonexclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide license, and We are entitled to use such intellectual property on or in connection with the Website. Except in the case where We have signed an exclusive agreement When You provide information, content, or material and use the public privacy setting, every visitor to the Website will have access to such information, and We have no control over that information or what users do with it.We reserve the right to remove any of your information, content, or material from the Website if it violates these Terms of Use.UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WEL OR ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WEL’S WEB SITES, SOFTWARE AND/OR SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.YOU AGREE TO ASSUME ALL RISK RELATED TO YOUR USE OF WEL’S WEBITES AND SERVICES, INLCUDING BUT NOT LIMITED TO, THE RISK OF COMMUNICATIONS WITH OTHER PEOPLE OR DAMAGE TO YOUR COMPUTER.

7. Disclaimer


Our website may encompass certain types of inaccuracies and clerical and typographical errors. Apay clearly disclaims any kind of obligation (s) to update this website or any sort of the materials available on our website. We at Apay Marketing Private Limited doesn’t guarantee the completeness or accuracy of the content (that might be in any form) or the credibility of any statement, opinion, advice, suggestion or any kind of information distributed or displayed via the website. You acknowledge that you would be sole responsible for relying on any information, memorandum, statement, advice or opinion given on our website. Apay has the full right, in its sole discretion, to rectify or modify any omissions or errors in any portion of our website. Without giving you any prior notice, we have the right to make changes to the website, the services, programs, products or prices of the services (if any) described in the website.

8. Indemnity


You completely agree to indemnify and hold harmless Apay Marketing Private Limited, its affiliates and subsidiaries from any judgement, expense, cost, claim or any other loss related to Your use of our website in any manner, including without limitation of the earlier, any response You put into which is in violation of the terms and conditions of our Terms of Use and against any valid law.

9. VIRUSES


You understand that You are responsible for ensuring that Your computer has suitable anti-virus software that is up to date. We will take reasonable steps to ensure that the content on the site is free from viruses and other malicious software. We shall not be held responsible for any loss or damage that You suffer as a consequence of receiving a virus or other malicious software through the use of our website. We shall not be liable for any loss or corruption of data that You suffer as a consequence of receiving a virus or other malicious software through use of our website.

10. THIRD PARTY WEBSITES


Our Website may include links to other websites or resources. Since we have no control over such websites and resources, You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible for any content, advertising, products or other materials on or available from such websites or resources. Our Terms and Privacy Policy do not apply to Your use of those other websites and resources. We cannot guarantee the completeness or accuracy of the websites or URLs to which Website’s services link or refer. For these reasons, You further acknowledge and agree that We shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or resources.

11. INTELLECTUAL PROPERTY


11.1 Apay TRADEMARKS


Our Website, including its content, is protected under international intellectual property by rights such as trademark and copyright law

12.2. USE OF OUR TRADEMARKS


You agree not to use, copy, download or exploit our trademark without the prior written Apay Marketing Private Limited. You agree not to use our trademarks, or copyrights, in a manner that creates confusion. Consistent with trademark infringement law, You are prohibited from using any of our Trademarks. You may not register in any jurisdiction, a domain name using all, or a part, of our Trademarks in a manner that may imply a partnership with us, or that may create, in any way confusion between Apay Marketing Private Limited and Your brand, services or products. You may not imitate our Trademarks, logo, or other elements of the website in any of Your advertising, on Your personal website, for promotional matters or other materials. In no case shall You use our copyrights and/or Trademarks in a disparaging or degrading way.

11.3. TRADEMARK INFRINGEMENT


You are aware that upon infringement of this clause, You will be liable for Trademark infringement, and that We have the right to pursue legal actions. If You are aware of any illegal usage by any person of our Trademarks, please contact us

12.


You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of the content You submit, post, transmit, make available through the services, Your connection to the services, Your violation of the Terms, or Your violation of any rights of another.