Terms and Conditions
Last updated: 29th of November, 2016
The following terms (what we refer to as the "Terms and Conditions") describe the terms and conditions of your use of our website, software applications (App103.com), and programs, including, without limitation, the Affiliation/ReferraProgram (what we refer to generally as the "Service") that are provided to you by App103 PTE Ltd., a Singapore based company, having its headquarters at 1 Fifth Avenue #03-08 Guthrie House, Singapore, 268802 ("us", "we" or sometimes „App103” or “App103.com”). Any capitalized terms that are used in these Terms and Conditions and not defined herein will have the meanings given to them in our other policies. This Service is provided for your own personal use only.
The service provided by APP103 will enable private individuals to subscribe to the services, and the subscriptions are connected to each other and organized under an affiliation/ referral and subscription system which has direct influence on the revenues of the subscribed persons.
I. GENERAL ITEMS
II. ACCEPTING THESE TERMS
Your use of the Service as well as your use of any software provided as part of the Service is conditioned on you complying with and agreeing to these Terms and Conditions and, therefore:
III. CHANGING THESE TERMS
V. TERMS RELEVANT TO SOFTWARE
You acknowledge that any software, app and related documentation that may be available to download through the Service (what we refer to throughout these Terms and Conditions as the "Software") is a copyrighted work. You therefore agree that your use of the Software is governed by the terms of the End-User License Agreement which accompanies or is included with the Software.
VI. ELIGIBILITY TO USE OUR SERVICE
You may not use the Service if (a) you are under thirteen (13) years old or (b) the Service is prohibited in the country where you reside or from which you use the Service or our financial services/banking partner does not exist or not permit transfers to specific countries. Subject to applicable law, App103 PTE Ltd. may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.
VII. ALL ABOUT YOUR USER ACCOUNT
In order to use the Service you must create an user account (the "Account"). Please note the following terms in connection with your Account:
VIII. SOME RULES OF CONDUCT
As a condition of use, you agree to use the Service solely for lawful purposes and not to use the Service for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your activities in connection with the Service. By way of example, you shall not (and shall not permit any third party to) take any action or download, upload, submit, post, or otherwise distribute or facilitate distribution of any Content or User Submission (as such terms are defined below) on or through the Service that:
Content includes any material in the form of text, scripts, sounds, music, software, graphics, videos, etc. that you have access to, you contribute to or create during the use of Service.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the App103.com servers in a given period of time than a human can reasonably produce in the same period by using a App103.com application, and you are forbidden from ripping the content unless specifically allowed.
Also, you agree not to use or launch any manual or automated system including programs, scripts, browser extensions to artificially increase the number of advertisements displayed, viewed or click on the ads. Any account detected to fraud or attempt to fraud will be terminated.
Any infringement of the above obligations related to content upload will lead to the deletion of such content.
IX. ABUSIVE USE OF SERVICES
App103.com is a website based application built on the concept of promting mobile applications and reward the promoter with referral fee until the depth of 103 reffered individuals. App103.com takes the issue of abusive behavior very seriously. You are responsible for all of your activities in connection with the Service. Personal pages in App103.com must be used for the sole purpose of growing your App103.com network. They may be customized within the parameters permitted within a normal use.
The present chapter is designed to prevent fraud and abuse of the Services. App103.com is intended for individual use only in accordance with the present Terms and Conditions. The following is a non-exhaustive list of practices that would be considered abusive and that may lead to the deletion of your account:
APP103 PTE Ltd. and its app uploading partners retains sole and exclusive ownership of all rights, title and interests in the website, in the user’s personal pages, the Service and Software and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the website, the Service, Software and the technology related thereto. This provision shall survive and remain in full force and effect following any termination and expiration of these Terms and Conditions. Without derogating from any other terms herein, you agree not to decompile, reverse-engineer, copy, transfer, assign, rent, resell, distribute or use the website, the Service or Software other than as expressly authorized by APP103 PTE Ltd.
XI. LINKS TO THIRD PARTY WEBSITES
The Service may contain links to websites which are not maintained by APP103 PTE Ltd. Please note that:
You may pay for transactions made through the Service with valid credit cards or through other means as permitted by APP103 PTE Ltd. from time to time (such as PayPal or other providers of payment processing services). Generally, such payment is charged according to the individual agreement with the bank or the credit card company or other payment processing service. Each purchase of products or services by a credit card (or a payment method linked to a credit card, such as a PayPal account) through the Service is subject to the following terms and conditions:
A. 70% of the app listed price is going to be recevied by the app onwer, who uploaded the app. Further terms and conditions are determined in our Pricing and reward policy.
B. In an effort to earn your loyalty and repeat business, APP103 PTE Ltd. offers its members an up to 20% reward back ("Self-Earnings") on all of your reffered mobile applications using the Service. Immediately following completion of each donwloaded and paid app, the Self-Earnings are credited to your App103.com Account as virtual credits. Starting from 1 virtual credits (or its equivalent $1.00), you may use Self-Earnings which are credited to your APP103 PTE Ltd. Account to buy mobile apps promoted on app103.com. Starting from 100 virtual (or its equivalent $10.00), you may use Self-Earnings which are credited to your APP103 PTE Ltd. Account to request cash out bank transfer to your designated bank account. Further terms and conditions are determined in our Pricing and reward policy
All prices and rates displayed through the Service are, unless stated otherwise, in US Dollars and are exclusive of value added taxes (VAT) or any other applicable taxes and are inclusive of max self-earnings benefits. APP103 PTE Ltd. may change the rates at any time by posting such change on the App103.com website(s). The new rate will apply to your next downloaded app after the new rates have been published. Please check the latest rates before you make your purchase. If you do not accept the new rates, do not download the mobile app. You do however agree that by continuing to use the Services following the adjustments of the rates, you do accept such adjustments.
XIV. TRADEMARKS AND COPYRIGHT
Any and all trademarks, copyright, service marks, product names, and trade names of APP103 PTE Ltd. appearing on or through the Service are exclusively owned by APP103 PTE Ltd.. All other trademarks, service marks, product names, and logos appearing on or through the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on or through the Service without the owner's prior written consent.
You may not use any copyright protected information of APP103 PTE Ltd. Limited and/or App103.com in paid advertising in any search engines. Such use shall be considered a major infringement of APP103 PTE Ltd. Limited’s copyrights and shall lead to the deactivation of the account.
XV. LIABILITY ISSUES
WE TRY TO KEEP THE SERVICE UP, BUG-FREE, AND SAFE, BUT ANY USE YOU MAKE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS THEREFORE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, APP103 PTE LTD. EXPLICITLY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE. APP103 PTE LTD. MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT DATA AND CONTENT OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR ANY OTHER DEVICE USED TO ACCESS THE SERVICE, OR DATA STORED ON SUCH DEVICE, IS SOLELY YOURS.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL APP103 PTE LTD. (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF APP103 PTE LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT APP103 PTE LTD. WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, STRICT LIABILITY) FOR ANY LOSS OR DAMAGES, EVEN IF APP103 PTE LTD. HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, ARISING FROM YOUR USE OF THE SERVICES, SOFTWARE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SERVICE AND OR SOFTWARE IS TO IMMEDIATELY UNINSTALL SUCH SOFTWARE AND CEASE USE OF THE SOFTWARE.
SUBJECT TO THE ABOVE LIMITATIONS, APP103 PTE LTD.'S TOTAL LIABILITY TO YOU UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE SIX MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF TWO THOUSAND DOLLARS ($2,000) IN ALL CASES.
If you wish to terminate your Account, you may do so by sending APP103 PTE Ltd. an email to support@App103.com specifying your request and providing APP103 PTE Ltd. with your name and email address. If you terminate your Account, your profile will be removed from the Service, however, deletion may not be immediate and APP103 PTE Ltd. may continue keeping your personal information in its records for billing purposes, audits and other administrative purposes.
Please be further aware that termination may result in the destruction of all information and data associated with your Account.
Upon termination, all licenses and right to use the Software and/or Service shall immediately terminate and you will be required to immediately cease using the Software and Service. In addition, all accrued benefits and rights (including Self-Earnings) will expire, except in cases of death or demise in which case any accrued Self-Earnings will be transferred to the deceased's survivors subject to presentation of a proper court order.
XVII. ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between us and you concerning the subject matter described in this document.
XVIII. JURISDICTION AND VENUE
The Service shall be provided in accordance with, and these Terms and Conditions shall be governed by the laws of Singapore without giving effect to any principles of conflicts of laws thereof, and the courts in Singapore shall have exclusive jurisdiction over all disputes between the parties related to this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
XIX. NO ASSIGNMENTS OR TRANSFERS
You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any right or obligation herein without the express written consent of APP103 PTE Ltd.. APP103 PTE Ltd. expressly reserves its right to assign or transfer this Agreement and to delegate any of its obligations hereunder at its sole discretion.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
The failure of APP103 PTE Ltd. to act with respect to a breach of this Agreement by you or others shall not constitute a waiver and shall not limit APP103 PTE Ltd.'s rights with respect to such breach or any subsequent breaches.
XXII. OFFICIAL CORRESPONDENCE
Official correspondence must be sent via postal mail to:
App103 PTE Ltd.1 Fifth Avenue #03-08 Guthrie House, Singapore, 268802