01. Subject Matter
02. Registration and Warranties upon Registration
03. Obligations of the User
04. Changes in the Services on the Apex Portal
05. Termination of Membership
06. Responsibility for Data and/or Information provided by the User
07. Restriction of Liability
09. Data Protection
10. Final Provisions
Upon registration as a user of "APEX" (hereinafter referred to as the "User"), User acknowledges and agrees that these General Terms and Conditions (hereinafter referred to as the "GTC") shall be binding and form part as the contractual relationship between the User and "APEX".
"APEX" operates the services of the "APEX" Business Group in the Internet under various domains. The entirety of the websites on which "APEX"- provides the
services of "APEX" are hereinafter collectively referred to as the Apex Portal.
These GTC shall govern the contractual relationship between the User and "APEX" irrespective of or from which of the Apex Portal is concerned.
The User registers with, or log on to the Apex Portal.
"APEX" offers the services of "APEX" to companies, government organizations and natural persons of legal age whose professional status is either self-employed or freelancer.
Please note that the form, content, Apex Portal and other related information is the sole property of FMS-Concept Ltd., U.K.
1. Subject Matter
1. The Apex Portal offers two alternatives to registered users.
1.2. Details about the applicable fees for the Apex Portal membership are set forth on the Apex Portal under "ABC Fees ".
The Membership fees for all websites listed under "ABC Fees" are binding and may be adjusted due to actual changes of costs.
Payments for the "APEX" membership are due immediately upon successful registration of User.
Membership fee payments are due within 7 calendar days upon registration. Should "APEX" not receive on one of its accounts any payment within this period of time Apex Portal is entitled to undertake legal proceedings and to eliminate all User's data within the Apex Portal.
In case "APEX" should not be able, for whatever reason, to collect any fees due from either a credit card or bank account designated by User, User shall bear all costs arising therefrom including, without limitation, bank charges or other charges related to any debit entries.
"APEX" and its payment systems is entitled to provide invoices for "APEX-membership fee" by e-mail to User, if requested. If you need an extra invoice, please send your request to "support" as per the Apex Portal.
1.3. Each use of any of the services provided by "APEX" is not permitted without the prior written consent of "APEX" and/or agreed upon in an additional valid agreement between "APEX" and User.
1.4. "APEX" shall make available all data and/or information provided by User, unless said data and/or information breaches any applicable law or statute or any part of these GTC. "APEX" is entitled to remove any data and/or information not in compliance with the foregoing without giving prior notice to User.
1.5. User acknowledges and agrees that it is technically impossible to achieve a 100 %-availability of the Apex Portal. "APEX" will aime strive to constantly provide the apexportal to the best extent possible.
1.6. "APEX" offers the "APEX" internet platform exclusively for the purpose of bringing Users together with other Users, and "APEX" merely provides the technological applications allowing User to contact other users. In no event shall "APEX" participate in any communications between User with other users. If User enters into agreements with other Users via the Apex Portal, "APEX" shall not be a contracting party to these agreements, and in no event shall "APEX" be responsible for the execution and/or fulfilment of contracts between User and any other User.
"APEX" does not warrant that User may successfully establish the contact to any other user regarding any agreements made via the Apex Portal.
Further, "APEX" cannot be held liable for any breach of duties under these agreements by any User.
2.Warranties upon Registration
2.1. User must register prior to using any of the services on the Apex Portal.
2.2. User warrants that all of the data provided by User for registration is accurate and complete. User shall report any changes in the registration data to "APEX" without delay. User is not allowed to use pseudonyms or nicknames.
2.3. The User warrants
- that User is of legal age at the time of registration and, that User uses the apexportal exclusively within User's commercial activities.
2.4. User will upon registration select a password. User is obliged to keep the password secret. "APEX" will not disclose the password to any third party and "APEX" shall not request User's password at any time.
2.5. User is entitled to register with "APEX" only once, and User may only establish one (1) user profile. The use of the portal is for the registered participant or member only. In case of any misapplication apexportal is entitled to undertake legal proceedings and to eliminate all User´s data within the Apex Portal.
2.6. It is technically impossible for "APEX" to determine with certainty whether any User registered with "APEX" is in fact the person which such User claims to be.
"APEX" does not warrant nor represent the correctness of any, User's presented identity, and each User is solely responsible for checking the correctness of the identity of any other User.
3. Obligations of the User
3.1. The User is obliged
3.1.1. to provide true and non-misleading statements in User's profile and in User's communication with other Users, and to refrain from using any pseudonyms or pen names.
3.1.2. to transmit on the Apex Portal only photographs which are not older than one (1) year and which clearly and plainly identify the Logo, product, User and/or the Company.
User warrants and represents that the public display of the photographs delivered by User to the Apex Portal is permitted by law. User shall not transmit any photographs or images of any other person than of User nor of non-existent persons or other beings (such as animals, fantasy beings, etc.).
3.1.3. to comply, when using the contents and services on the apexportal, with all applicable Britsh laws and statutes, including all intellectual property rights and any other rights of any third party. In particular, without limitation, User shall not, use any insulting or defamatory contents, regardless of whether said contents addresses any other User or any personnel of "APEX" or any other companies, or use any pornographic contents or any contents not in compliance with any applicable laws or statutes for the protection of minors, and User shall neither advertise nor promote, offer or distribute any pornographic products or products which do not comply with any applicable laws or statutes for the protection of minors, unreasonably disturb any other User, in particular by using SPAM, or use any contents protected by law or statute (e.g. by copyright, trademark, patent, utility patent, or design patent laws), without being entitled to do so, nor to advertise, promote, offer or distribute any goods or services protected by law or statute, or
- use or promote any unfair competitive commercial practices, including, without limitation, progressive customer acquisition practices (such as, for example, chain distribution systems, multilevel selling or pyramid sales).
3.1.4. to refrain from undertaking any of the following, even if they do not constitute a breach of any applicable laws or statutes:
a) - Sending chain letters,
b) - Sending identical private messages to more than one (1) User at the same time,
c) - Performing, advertising and promoting any form of multi-level marketing, or
d) - Using any insinuating or sexual communication, weather suggestive or explicit.
3.2. To any User the following actions are prohibited:
a) - Use of any mechanisms, software or scripts in connection with the use of the apexportal. However, User may use the interfaces or software provided by "APEX" within the scope of the services available on the Apex Portal.
b) - Blocking, overwriting, modifying and copying of any contents of the Apex Portal, unless said actions are mandatory for the proper use of the services provided by Apex Portal.
For avoidance of doubt and as an example, the use of "Robot/Crawler"-search engine technologies is not permitted.
c) - Distributing or publicly displaying the contents of any of the Apex Portal or any other user,
d) - Performing any actions which may impair the operability of "APEX" infrastructure, including without limitation actions which may unreasonably overload said infrastructure.
4. Changes in the Services on the Apex Portal
"APEX" reserves the right to modify the services offered on the Apex Portal and/or to offer different services than the ones offered at the time of User's registration at any time, to the extent reasonable to User.
5. Termination of Membership, Repayment of Advance Payments 5.1. User may terminate the membership at any time without giving reason. User may deliver notice of termination using the contact form provided under the link "support" accessible from each of the Apex Portal.
The termination notice shall include the registered name, "APEX" member number of User and an e-mail address of User registered on one of the Apex Portal.
5.2. Membership with "APEX" is automatically extended by that period originally adopted if not terminated by written notice received according our "General Term and Conditions" by e-mail (please no standard mail).
Any refund of membership fee or Advertisement fee is not possible. All and any cost or fees originating within "APEX" due to delayed or extraordinary termination will be born by the respective member.
5.3. User may terminate the Membership to the end of the minimum runtime chosen by the User in the course of the registration process, or to the end of any renewal period after said minimum runtime, without giving reason, within seven (7) working days notice time.
If User has terminated the "APEX" Membership, User is entitled to retain his position as an "Participant". The provisions of this Section 5.3. shall not affect User's rights to terminate the contract.
5.4. "APEX" may terminate the contract in accordance with applicable laws and statutes. If "APEX" terminates the contract for good reason, "APEX" may do so without any term of notice.
A good reason is defined as an event, which makes it unacceptable for "APEX" to continue the relevant contract until the end of the termination period, taking into account all circumstances of the individual case and on view of the interests of "APEX".
A good reason includes without limitation any the following events :
a) - If User does not comply with any applicable law or statute,
b) - If User breaches a contractual obligation, in particular an obligation set forth in Sections 2 or 3 herein,
c) - If the reputation of the services offered on the Apex Portal is substantially impaired by the online-presence of User.
d) - If User promotes any organisations or associations (or any of their methods or activities) under observation by the authorities for public safety or the protection of minors, or
e) - If User causes damage to any other user(s).
5.5. In the event of good reasons in accordance with section 5.4 and notwithstanding "APEX" right to terminate the contract in accordance with section 5.4, "APEX" is entitled to either:
a) - delete the ontribution contents provided by User, or
b) - block User's access to the services on the Apex Portal.
6. Responsibility for Data and/or Information provided by User 6.1. "APEX" does not provide any warranties regarding any data and/or information provided or made available by any User on any of the Apex Portal. or on any external websites linked to. In particular, without limitation, "APEX" does not warrant nor represent that said data and/or information is true or accurate, nor that it fulfils or meets any particular purpose(s).
6.2. User may report any activities of any other User(s) not being in compliance with the applicable laws or statutes or any of the terms and conditions of these GTC using the "contact form" support, mentioned in any Apex Portal.
7. Restriction of Liability
"APEX" including any personal of "APEX" engaged in performing any obligation under this contract cannot be held liable for any damages or loss of user under the membership with "APEX" including consequential damages.
8.1 User warrants that any contents, data and/or information in the services of apexportal provided by User is free of any rights or titles of any third party.
User shall indemnify and hold harmless "APEX" from all damages or loss whatsoever occurred in connection with and related to user activities in the Apex Portal.
9. Data Protection "APEX" agrees that any data provided by User to "APEX" is extremely important to User and "APEX" shall therefore be particularly sensitive in dealing with said data. "APEX" shall adhere to all applicable statutory provisions regarding data protection. In particular, "APEX" shall not disclose any personal data of User to any third party without being entitled to do so.
"APEX" is entitled to eliminate without prior notice any SPAM from the Apex Portal.
10. Final Provisions
10.1. Unless otherwise stated in these GTC, User may submit all notices to "APEX" using the "contact form" provided under the link "support" accessible from each of the Apex Portal.
”APEX“ may submit notices to User by e-mail or facsimile to the addresses User has provided as User's current contact data in User's user account.
10.2. If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision.
10.3. The place of delivery of any obligations and/or performances under these GTC shall be "APEX" main place of business.
10.4. To the extent admissible by law or statute, exclusive venue for all legal disputes arising from these GTC and/or the contractual relationship between the parties shall be the main place of business of "APEX".
10.5. Jurisdiction, these GTC and the contractual relationship shall begoverned exclusively by the applicable Britsh Law. All disputes between the parties to the contract out of or in connection with this contract which cannot be settled amicably, shall be exclusively and finally settled by arbitration under the Rules of Conciliation and
Arbitration of the Chamber of Commerce, Zurich, Switzerland.
The Board of Arbitration shall base its decision on the conditions of the contract between the parties and British law shall be applicable. Arbitration shall be held in English Language.