Terms of Service of ANAROCK Group Business Services Pvt. Ltd.

Thank you for selecting the Services offered by ANAROCK Group Business Services Pvt. Ltd. and/or its subsidiaries and affiliates (referred to as "ApnaComplex", "we", "our", or "us") provided to you on this website and/or mobile apps, including content, updates and new releases, (collectively, the "Services"). Review these Terms of Service ("Agreement") thoroughly. By accepting electronically (for example, clicking "I Agree" or "Login"), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.


Agreement
This Agreement describes the terms governing your use of ApnaComplex Services. It includes by reference:
  • ApnaComplex Privacy Policy provided to you in the Services available on the website or provided to you otherwise.
  • Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.

Advice
The contents of ApnaComplex Services do not constitute advice and should not be relied upon in making or refraining from making, any decision.

Change of Use
ApnaComplex reserves the right to:
  • change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that ApnaComplex shall not be liable to you for any such change or removal and
  • change these Terms and Conditions at any time, and your continued use of the Services following any changes shall be deemed to be your acceptance of such change.

Links to Third Party Websites
ApnaComplex Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

No resale of service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the Service, or access to the Service.
ApnaComplex reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof). This will take place with notice and adequate time given to you, so that you may retain the information assets created by you on ApnaComplex. Beyond the time given, you agree that ApnaComplex shall not be liable to you or to any third party.

ApnaComplex Properietary Rights
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by ApnaComplex, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.You also agree not to extract the code or reverse-engineer it in anyway. Any attempt at hacking or unlawful use of ApnaComplex can and will invite the maximum prosecution allowable under the law.

Use with Mobile Device
Use of these Services may be available through a compatible mobile device using Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees for SMS messages, data plans, and general usage, as well as the terms of your agreement with your mobile device and telecommunications provider. ApnaComplex MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO.
  • THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
  • ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
  • ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

Subscription
ApnaComplex is licenced on a periodic subscription basis, as selected by you or your organization.

Trial Version and Beta Features
If you registered for a trial use of the ApnaComplex ("Trial Period"), you must decide to purchase ApnaComplex subscription , at the current rate, within the Trial Period in order to retain any Content that you have entered through the ApnaComplex Services, created within ApnaComplex Services, posted or uploaded during the Trial Period. If you do not purchase a subscription by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the ApnaComplex Services during the trial period, if you decide not to purchase the subscription of the ApnaComplex Services, you will not be able to access or retrieve any of the data you added or created with the Services during the trial.

From time to time, ApnaComplex may, at its sole discretion, include new and/or updated beta features ("Beta Features") in the ApnaComplex Services for your use and which permit you to provide feedback. You understand and agree that your use of the Beta Features is voluntary and ApnaComplex is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an "as is" basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.

Your Personal Information
You can view ApnaComplex's Privacy Policy provided with the Services and on the website for the Services. You agree to the applicable ApnaComplex Privacy Policy , and any changes published by ApnaComplex. You agree that ApnaComplex may use and maintain your data according to the ApnaComplex Privacy Policy, as part of the Services. You give ApnaComplex permission to combine information you enter or upload for the Services with that of other users of the Services and/or other ApnaComplex services. For example, this means that ApnaComplex may use your and other users' non-identifiable, aggregated data to improve the Services or to design promotions.

You acknowledge and agree that in order to provide you with access to and use of the ApnaComplex Services, ApnaComplex may provide your access information and account data to (i) your managing committee or facility management agency or organization who is identified in the registration data as the current system administrator for your account (the "Current Administrator"), and (ii) such other committee membr or employee or agent who may be designated by you as a replacement administrator for the your account by following the procedures required by ApnaComplex to effectuate such replacement. Any other person You identified as an authorized user of the ApnaComplex Services will have access to the account data subject to the access permissions you or the system administrator assigned to them.

Content
You are responsible for your content. You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Services. You grant ApnaComplex a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services to offer you the Services. ApnaComplex is not responsible for the Content or data you submit through the Services. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to.
  • Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any law;
  • Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy;
  • Except as permitted by ApnaComplex in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
  • Virus, trojan horse, worm or other disruptive or harmful software or data; and
  • Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.

The Services may include community forums or other social features to exchange Content and information with other users of the Services and the public. ApnaComplex does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which ApnaComplex is not responsible.

ApnaComplex may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect ApnaComplex or its customers, or operate the Services properly. ApnaComplex, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

ApnaComplex may freely use feedback you provide. You agree that ApnaComplex may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant ApnaComplex a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to ApnaComplex in any way.

PAYMENT TERMS
Provider undertakes forthwith without any demur, protest, dispute or delay, to pay to Service Provider, the amount of the charge back / penalty / fine imposed by the Payment Gateway facilitators, Acquiring Banks, Facility Providers on Service Provider

PAYMENT TO THE MERCHANT
After making all adjustments and deductions in terms of this agreement and subject to the limits on the withdrawal volumes/limits allowed to the Association, the net payments shall be made available by Service Provider/Nodal Bank to the Association.

Service Provider/Nodal bank will reconcile the accounts and subject to the right of Service Provider /Nodal Bank to withhold payment of the amount arrived at for any reason whatsoever either in terms of this Agreement or otherwise, only thereafter Service Provider/Nodal Bank shall make payment to the Association It is herein emphasised that irrespective of any payment made by Service Provider/Nodal Bank to the Association the same shall be made without prejudice to any claims or rights that Service Provider may have against the Associations and such payments shall not constitute any admission by Service Provider as to the performance by the Association of its obligations under this Agreement and the amount payable to the Association. Service Provider/Nodal bank shall be entitled to set off and/or deduct from any payment due from the Association, such payments that are subsequently determined to be not due and/or wrongly paid to the Association.

It is hereby clarified and agreed that irrespective of any authorisations and/or writings Service Provider is hereby authorised and entitled to debit the Association’s Account for, Transaction Discount Rates, all Charges, dues, penalties, Out-of-Pocket Expenses, refund/s to customer/cardholder and any other amounts due and payable by the Association to Service Provider in terms of this agreement or in any other manner whatsoever shall not be dependent upon or conditional upon the Association obtaining payment whether through Service Provider/Nodal Bank or otherwise from Customers in respect of the Products/Services and/or irrespective of whether the Association complies with the order placed by the customer with the Association. The Association agree and undertake to execute all authorisations and writings as may be required by Service Provider from time to time and shall ensure that there are sufficient funds in the Association’s Account at all times.

TIME OF MAKING PAYMENTS / DUE DATE OF PAYMENT
Upon successful completion of transaction, Service Provider / Nodal Bank will deliver payment to the Association, the Association’s share of the payment as promptly after the due dates as is practicable; which amount shall always be subject to the resolving of all inquiries, disputes, and refunds processed on account of Association Customer Charges and/or chargeback and subject to Service Provider recovering all the amounts due to them in terms of the Agreement between Service Provider and the Association as well as subject to Service Provider recovering all the claims, losses, damages, penalties arising from and out of a breach of this agreement and/or in any other manner whatsoever.

Notwithstanding anything contained herein, where Service Provider has reason to believe that any charges/debits have been fraudulently incurred (hereinafter referred to as “suspect charge”] Service Provider/Nodal bank shall be entitled to withhold payment in respect thereof until it is held to be not a suspect charge. Upon Service Provider determining after due enquiry and investigation that the charge is a valid charge and not a suspect charge, Service Provider/Nodal Bank shall release such withheld payment; Provided further that if Service Provider determines after due enquiry and investigation that any suspect charge is not a valid charge at all, Service Provider/Nodal Bank shall be entitled not to pay the same at all.

Subject to terms and conditions of this Agreement, Settlement Net Amount for transactions will be released within maximum of 5 business days after completing the transaction.

REFUNDS / REFUND POLICY TO CUSTOMERS
  1. Provided that in the event of a User making a purchase by using a Valid Card or through Net-Banking or otherwise through any mode of payment mechanism and upon the Customer or Issuing Bank / institution with whom the Customer has taken the card or the Payment Gateway Facilitator through whom the customer has utilised any mode of payment mechanism requesting Service Provider, or the Banks or the Payment Gateway Facilitator for a refund on any grounds whatsoever within a period of 15 days, then Service Provider, the Banks or the Payment Gateway Facilitator shall be entitled to cancel Authorization and refuse to make any payments to the Association and/or enforce a refund from the Association. Service Provider shall forthwith inform the Association of the same and shall debit the payment to be made to the Association’s Account and make an intermediate credit in Nodal Account, irrespective of any dispute that the Association may have pertaining to such debit. If the Association and the User are unable to arrive at a satisfactory resolution of the a problem within a period of fourteen days thereafter, Service Provider/Nodal Bank shall be entitled to make a direct credit to the disputing User’s Account for the disputed amount. Such a debit to the Association Account and the direct credit to the disputing User's Account shall not be disputed by the Association in any manner whatsoever. In the event of the User and the Association arrive at a settlement within the said fourteen day period, Service Provider shall deal with the said moneys in accordance with the terms of the settlement arrived at. If there Is insufficient credit balance of the Association with Service Provider; the Association, shall on receipt of the claim from Service Provider, undertakes to forthwith pay to Service Provider the amount of the refund within 24 hours of such demand.

  2. In the event of a refund to a cardholder in respect of any transaction of any goods/ services that are not received as ordered, by the Cardholder or are lawfully rejected or accepted for or services are not performed or partly performed or cancelled or price is lawfully disputed by the Cardholder or price adjustment is allowed or for any other reason whatsoever, the Association shall not process a refund transaction and/or make a cash refund directly to the cardholder. The Association must not process a refund transaction, unless there is a preceding corresponding debit on a card account. The Association must present to Service Provider a credit slip/credit process/ refund letter on headed stationary and signed by authorized signatory/ies which will include details of a brief description of the items concerned upon which Service Provider are authorised to deduct from the Associations account the total refund{s] due to the cardholder[s] and in the event of there being a shortfall in the account of the Association to provide for the said amount then the Association shall forthwith make provisions for the same failing which the Association shall be liable to pay interest at the rate then currently charged to cardholders in respect of their indebtedness from the due date until the date of payment [as Well as after and before any demand made or judgement obtained). A true and completed copy of the credit slip must be delivered or forwarded to the Cardholder.

  3. In the event of refund being agreed to be made by the Association to the cardholder, a credit slip shall be issued by the Association to Service Provider within seven days after the refund has been agreed between the Association and the cardholder and Service Provider shall: i) Debit the Association's account forthwith; and/or ii) Deduct the outstanding amount from subsequent credits to the Association's account; and/ or iii) If there is no credit amount with Service Provider, or insufficient funds available therein, claim from the Association the amount credited to the account in respect of the relative transaction/s along with interest thereon. In the event of there being a shortfall in the account of the Association held with Service Provider to provide for the aforesaid then the Association shall forthwith make payment to Service Provider/Nodal Bank for the same. In the event of the Association failing to make payment for the same and/or in the event Service Provider is unable to recover the money from the Association, Service Provider shall at their discretion be entitled to an amount equal to interest at the rate then currently charged to cardholders in respect of their indebtedness from the due date until the date of payment [as well as after and before any demand made or judgement obtained].

  4. In situations where paid date and refund date have a gap between them, which or otherwise causes a currency conversion difference, Service Provider shall have the right to recover the amount pertaining to such foreign exchange currency conversion differences from Association, for purpose of crediting the same to the Cardholder's Card Account.

CHARGEBACK
  1. The Association agrees that transfer or payment instructions accepted by Service Provider through its payment mechanism made in respect of any Dues to the society, which proves to be uncollectible from the Customer and in respect of which the Payment Gateway facilitators or Payment Card Industry raises a claim in that regard, then It shall be the financial responsibility of the Association and the Association shall forthwith make due payment of it to Service Provider/Nodal Bank and/or ensure to refund the amount paid to the Association on account of such payments, which is uncollectible from the Customer. The Association agrees to the non-payment of such user payment or the charging back of such uncollectible charge or to Service Provider setting off and deducting the uncollectable charge from any amount due to Association, as the case may be without any demur or protest, dispute or delay.

  2. The following payments shall be deemed to be uncollectable:
    1. Any payments involving the alleged forgery of the Card Number and PIN, or that of the Card Number, Card Expiry date, Customer Name, Transaction amount, etc. of whatsoever nature. In such an event, Service Provider and the Payment Gateway facilitators shall not be required to check the veracity of any alleged fraud and shall be entitled to rely upon the allegation made by the Customer.
    2. The customer/cardholder’s name or account number or any other necessary details is found to be omitted or incomplete
    3. The card presented to the Association or the account in respect of the transaction was listed in a warning list or any other communication or advice (in whatever form) from time to time, issued or made available to Service Provider by acquiring bank, payment gateway facilitators or Card Associations or if such intimation is made available by or on behalf of Service Provider to the Association.
    4. The goods and/or services covered by the transaction are rejected or returned or the transaction or part thereof, is cancelled or terminated by a card holder or if the Association fails to provide at all or to the customer’s/cardholder's satisfaction, goods and/ or services to the customer/cardholder.
    5. The cardholder/customer denies the transaction or the sale or delivery of goods and/ or services covered by the transaction or raises any dispute including disputes as regards the nature, quality or quantity of the goods and/ or services covered by the transaction; and or the transaction itself.
    6. Any information required to be presented to Service Provider in respect of the transaction is not received in accordance with Service Provider requirements from time to time.
    7. Service Provider has requested evidence in accordance with this agreement and the Association has failed to provide the same;
    8. There has been any departure from the terms of this agreement in relation to that transaction;
    9. There has been a breach by the Association of this agreement, other than the breaches more specifically provided in this sub-clause, in connection with the transaction or otherwise;
    10. Any charge/debit is for any reason unlawful or which is a suspect charge or deemed to be as an irregular or of a fraudulent nature by Service Provider in its sole opinion and assessment or if Service Provider suspects, on reasonable ground, the Association/Company has committed a breach of this Agreement or has acted dishonestly or fraud has been committed against Service Provider or any Card Holder/Customer or third party, or has in connivance with any other person done the same or assisted in the same and/or Service Provider shall be entitled to suspend all payment under this Agreement to the Association/Company, pending enquiries by Service Provider.
    11. Service Provider or Payment Gateway Facilitators is of the opinion that there are suspicious circumstances surrounding the transaction;
    12. Service Provider or Payment Gateway Facilitators is of the opinion that the submission is out of the normal pattern;
    13. The Issuing bank / Acquiring bank/Payment Gateway Facilitators refuses to honour the transaction presented by the Association;
    14. Any other event or circumstance which Service Provider shall from time to time notify to the Association to have occurred at the date of the transaction;
    15. If Payment Gateway facilitators including MasterCard / Visa dispute the transaction or report a retrieval request /fraud/chargeback
    16. Any payment which the Customer/Cardholder refuses to honour or demands a refund of because the Product/services purchased from the Association was not as promised or was defective, deficient, incomplete and /or unsatisfactory for any reason whatsoever.
    17. Any charge/debit made on a card/account other than a Valid Card.
    18. Any charge/debit for Products or services in an amount in excess of the sale price of the Products or Services.
    19. Any charge/debit for undelivered merchandise or services.
    20. Any charge / debit arising out of any alleged hacking, breach of security or encryption (if any) that may be utilised by Service Provider and the Payment Gateway facilitators from time to time.

  3. The Association hereby authorises Service Provider/Nodal bank to appropriate the Association's account with Service Provider/Nodal Bank with Service Provider to the extent of the aforesaid uncollectible amounts and any other moneys due to Service Provider by the Association in terms of this Agreement in respect of a Customer Charge without any demur, protest, dispute or delay.

  4. If there is insufficient credit balance available therein; the Association shall on receipt of the intimation from Service Provider and/or claim from Service Provider within 24 hours from receipt of such intimation, the Association undertakes to forthwith without any demur, protest, dispute or delay, to pay to Service Provider/Nodal Bank, the amount of the refund to the extent to which such credit proves inadequate. Without prejudice to any other of Service Provider rights and remedies, in the event that the Association does not make any payment to Service Provider by its due date or on demand as required under this Agreement, Service Provider shall be entitled to charge compounded, daily interest on such overdue amount from the due date until the date of payment in full, at the rate of 2.5% per month.

  5. It is herein emphasised that irrespective of any payment made by Service Provider to the Association they will have to deemed to have been made without prejudice to any claims or rights that Service Provider may have against the Associations and such payments shall not constitute any admission by Service Provider as to the non-existence of a chargeback and/or performance by the Association of its obligations under this Agreement and/or to the validity of the transactions. It is further agreed by the Association that in the event the Association receives payment in respect of a transaction which is subsequently determined to be a chargeback then the Association shall without any demur or protest, dispute or delay, forthwith refund the amounts due to Service Provider in this regard.

REJECTION OF PAYMENT
Service Provider/Nodal Bank shall be entitled at any time to refuse making total or partial payment to the Association or, if payment has been made, to debit the Association’s Account with such amount or to seek immediate reimbursement from the Association, notwithstanding any Authorisation given by Service Provider to the Association, irrespective of any dispute that the Association may have for such debit, in any of the following situations:
  1. The transaction fs for any reason unlawful or unenforceable.
  2. Any information presented electronically to Service Provider in respect of the transaction is not received in accordance with Service Provider requirements from time to time.
  3. Any transaction made through a card outside the territory authorised for the use of the card.
  4. The price charged for goods or services to the Cardholder was in excess of the advertised price.
  5. The goods and/or services covered by the transaction are rejected or returned or the transaction or part thereof, is cancelled or terminated by a Cardholder or if the Association fails to provide at all or to the Cardholder's satisfaction, goods and/or services to-the Cardholder.
  6. Any Order which the Cardholder refuses to pay because the Product/Service was not as promised or was defective;
  7. The Cardholder disputes or denies the transaction or the sale or delivery of goods and/or provision of services covered by the transaction with reasons.
  8. Transaction is posted more than once to Card Holder’s account
  9. The transaction is doubtful or erroneously paid for, to the Association
  10. The Association has [i] not obtained a necessary authorisation as required to be obtained in terms of this agreement or [ii] Service Provider or the Payment Gateway facilitators are entitled to reject payment in terms of this agreement;
  11. The Issuing Bank/Payment Gateway facilitators advises that the card number does not match any number on file or the card used is not a Valid card;
  12. Acquiring bank or Payment Gateway Facilitator refuse to make the payment or ask for the refund;
  13. Payment in respect of the Customer Order or the relevant instalment of the Customer Charge has already been made;
  14. In cases in which Payment Gateway facilitators provide that the Customer Order has to be completed within a specific limited time from the date of Order and the Association has failed to comply with the said customer order within that time;
  15. The authorisation process cannot be completed/fails in relation to a Transaction;
  16. Where the transaction amount and/or monthly volumes, etc exceeds the limits prescribed by Service Provider/payment Gateway facilitators from time to time and as the situation on an ongoing basis may so require or demand.
  17. For any other reason whatsoever including any other reason that may have been separately provided for in this agreement and irrespective of the fact that it is not specifically mentioned herein.

CONSEQUENCES UPON REJECTION OF PAYMENT
Where Service Provider/Nodal Bank and/or the Payment Gateway facilitators are entitled to reject payments in respect of an Order or demand a refund or in the case of chargeback, Service Provider/Nodal bank shall be entitled to set off and deduct from any payment due to the Association or demand a refund, and in doing so Service Provider/Nodal bank as the case of the refund and/or charge back mention herein in clause/section 8 & 9 respectively. In the event Service Provider suspects that the Association has been negligent or that the Association has committed a breach of this Agreement or has acted dishonestly or committed fraud against either Service Provider or against any of the Payment Gateway facilitators or upon any Customer, then Service Provider shall be entitled to suspend all payments under this Agreement to the Association pending enquiries by Service Provider/Payment Gateway facilitators/Customer, as the case may be and until resolution of the same to the satisfaction of Service Provider. In the event Service Provider is satisfied that the Association has committed a breach of this Agreement or has acted dishonesty or committed fraud against either Service Provider or against any of the Payment Gateway facilitators or upon any Customer then Service Provider shall be entitled to recovery of the loss, claim, penalties, costs, expenses directly or indirectly incurred or suffered by Service Provider/ Payment Gateway facilitators /Customer.

Additional Terms
You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact ApnaComplex if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

Disclaimers
The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to
  • the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
  • To the extent permitted by law, ApnaComplex will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
  • ApnaComplex makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

Limitation of Liability and Indemnity
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF APNACOMPLEX, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, APNACOMPLEX, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING. (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, HUMAN ERRORS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE. THE ABOVE LIMITATIONS APPLY EVEN IF ApnaComplex AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF APNACOMPLEX, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold ApnaComplex and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). ApnaComplex reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by ApnaComplex in the defense of any Claims.

TERMINATION
ApnaComplex may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you have not made payment against the invoices that are due. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect ApnaComplex's rights to any payments due to it. ApnaComplex may terminate a free account at any time. This section will survive and remain in effect even if the Agreement is terminated.

Severance
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.