Terms and Conditions

LEGAL TERMS AND CONDITIONS

Apex Fund Services Ltd. and its Affiliates and Subsidiaries (“Apex”) provides information on this website, www.apexfundservices.com, for personal use and informational purposes, subject to the following legal terms and conditions that govern the use of the website:

OWNERSHIP OF THIS WEBSITE

This Site is owned by Apex. You should carefully read these terms and conditions as well as the Privacy and Cookie Policy (“Privacy Policy”) before using this website. If after reading, you do not accept these Terms and Conditions or the Privacy Policy, please leave the site immediately.

By using this site, you agree to be bound by the Terms and Conditions and Privacy Policy. By accessing any part of this site you are deemed to have accepted these Terms and Conditions and the Privacy Policy, and you confirmed that your access to this website is in compliance with the applicable laws and regulations of your jurisdiction or country of residence.

PURPOSE OF THIS WEBSITE

www.apexfundservices.com is an informational website designed to present the business structure and fund administration services of Apex, along with key information in relation to its services.

WEBSITE CONTENT

This is not a transactional website. The content included in this website is solely for the personal use of website users. The information published on this website is not a proposal or advice concerning any investment or financial services or products. No products or services can be purchased through using this site. Apex may change any of the information contained in this website herein without notice.

For avoidance of doubt, Apex, affiliates, contractors and their respective employees shall not be held liable for any use of the website content or any resulting consequences or damages including, without limitation, indirect, incidental, special, consequential or punitive damages (in particular, in terms of the decisions that may be made or actions that may be taken on the basis of this information.)

Access to products and services detailed on this website may be restricted for certain persons or countries in accordance with the national legislation. More generally, the products and services presented on this website may only be purchased in jurisdictions in which their marketing and distribution are authorised.

In line with the above, if you wish to know more about any of the products and services described on the website, please approach the Apex office closest to your residence:  Apex Locations

USER INDEMNITY

None of the products or services presented here will be provided to a person if the law of his/her country of origin, or any other country to whose jurisdiction he/she is subject, prohibits it. The reader of this website is asked to ensure that he/she is legally entitled to consult this website in the country which the connection has been established.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Apex created this website, the information included; names, images, pictures, logos, icons, text, documents, materials and functionality(“Contents”) is presented “AS-IS” and “AS AVAILABLE” without express or implied warranties including, but not limited to, implied warranties of non- infringement, title, merchantability, and/or fitness for a particular purpose.

Apex expressly disclaims any liability for errors and omissions regarding the information and material contained in the Website.

Due to the nature of the Internet, Apex can not guarantee the confidentiality, accuracy or completeness of the information contained in this website or information provided via this website, or its suitability for any purpose.

Although Apex warrants to make reasonable efforts to avoid technological problems, Apex is not responsible for any technological problem, or liable to any user for any direct, indirect, consequential, special or other damage howsoever resulting from the use of this website or any other website connected to the site by means of hypertext, links or otherwise (whether such damages are caused by transmission from the website or a connected website to the user’s computer system of viruses, worms, Trojan horses, or other destructive items, corrupted data or data incompatible with the user’s computer system or third parties’ interception of or access to data of whatever nature including without limitation personal data transmitted by the user  electronically to Apex or otherwise caused) such damage to include, without limitation, loss of profits, interruption to business and loss of data.

Nothing in these terms and conditions shall exclude or limit Apex’s liability for fraud or any other liability which cannot be excluded or limited under the Law.

Furthermore, if your use of material on the website results in the need for servicing, repairing or correcting any equipment, software or data, you must assume all costs thereof.

HYPERLINKS

No hyperlinks to the website or any website owned or operated by Apex may be created without the consent of Apex. If you desire to display on your website a hyperlink to an Apex site, you must enter into a written agreement with Apex governing such display, prior to creating any such links. Access to any Apex website does not authorize you to use Apex’s names, logos, trademarks, or copyrights and you agree not to do so without Apex express written consent.

DATA PROTECTION

Please refer to the Privacy Policy which is part of the legal terms and conditions of this website; and which applies to any user of the website. This Privacy Policy defines the treatment of personal information that Apex collects when the user accesses to and uses this Website. Apex may amend the Privacy Policy from time to time. If at any time you are not in compliance with the Privacy Policy, Apex has the right to terminate users’ rights to access and use this website.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

The website, along with all its Contents, is exclusive property of Apex and is protected under the Intellectual Property Laws.

The posting of the Contents of this website neither constitutes a waiver of any of Apex’s property rights or any other party’s proprietary rights, included but not limited to, copyrights, trademarks, service marks, patents and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to the website user or to any third party.

Accordingly, it is strictly forbidden to copy or reproduce any part of this website or of its elements without the prior express consent of Apex. Failure to comply shall constitute counterfeiting punishable under the Intellectual Property Laws and the Penal Code.

ONLINE FRAUD ADVISORY

Apex will never request personal information from contacts via email, website, or pop-up windows. Any unsolicited request for account information you receive through email, website, or pop-up windows should be considered fraudulent.

TRANSMISSION TO AND FROM THIS WEBSITE

Except where expressly indicated otherwise, transmissions to and from this website or directed to Apex (including emails) are not sent in a secure form, can be intercepted by third parties and may not be immediately received by the appropriate business unit at Apex. Please do not use email to send us communications containing confidential information, information which Apex requires in writing, or information that needs Apex’s immediate attention. Any Transmission to this website, including emails, shall be deemed and remain the property of Apex. Apex shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a website user to Apex through this website. 

AGE AND RESPONSIBILITY

You confirm that you are of sufficient legal age to use this website and to create binding legal obligations for any liability you may incur as a result of the use of this website. You agree that you are financially responsible for all uses of this website by yourself and those using your computer.

TERMINATION OF ACCESS

Apex reserves the right to terminate, without prior notice, your access to this website at Apex's sole discretion, including without limitation, for overuse or abuse of this website.

GOVERNING LAW

This website is governed by Bermuda Law. Any legal proceedings involving this website must be brought before the Bermuda courts.

SEVERABILITY

To the extent any portion of these Terms and Conditions are determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such a portion to be enforceable and these Terms and Conditions, as so modified, shall remain in full force and effect.

SERVICE CONTACT

You may contact Apex’s Founder and CEO, Peter Hughes, directly via peter@apex.bm