Terms of Service
Apollo ID was built to empower both everyday consumers and venues through their data. We’re former hospitality workers and devoted patrons of venues ourselves. We wouldn’t be here without you, so know that your privacy is our highest priority. This Terms of Service is set out to protect our company, the venues we partner with, and ultimately, you, the end user.
Last Updated: May 6th, 2022
PLEASE READ THESE TERMS OF SERVICE AND USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY THE APOLLO TECHNOLOGY PLATFORM, INCORPORATED (HEREINAFTER, “APOLLO ID”, “APOLLO”, “APOLLO PLATFORM”, “APOLLO APP”, “US”, “WE” OR “OUR”). BY USING OUR APPLICATION PLATFORM, WEBSITES AND ANY RELATED SERVICES, CONTENT, DATA & INFORMATION, OFFERINGS AND FEATURES PROVIDED BY US, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE AND CONDITIONS, THEN YOU MUST DISCONTINUE ANY FURTHER USE OF OUR SERVICES, APPLICATION AND PORTAL.
These Terms of Use (the “Terms”) apply to your access and use of the iOS application, the Android application, associated websites, check in portals via QR codes at respective venue partners and the website located at www.getapollo.in (collectively, the “Portal” or “Application”) provided by Apollo and any services, content, data & information, offerings, features including rewards, accessible by means of the Application and Services. The Application, Portal and such services are collectively referred to as the “Platform” or the “Services.” The Terms do not alter in any way the terms or conditions of any other agreement you may have with Apollo ID for the Services. These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “venue partner”, “organization”, “group”), and Apollo ID. You agree that by accessing the Services, you have read, understand and agree to be bound by these Terms.
We reserve the right, in our sole discretion, to make changes or modifications to any of the terms and conditions contained in the Terms or any policy or guideline of the Services, at any time for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms, and you waive, to the fullest extent permitted by applicable law, any right to receive specific notice of such change. It is your responsibility to periodically review these Terms to stay informed of the updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date of revision and modification. The waiver by either party to these Terms of a breach of any provision hereof shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of such party to avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any right, power or privilege.
The information provided as part of the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration or licensing requirement. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Platform and the Services are intended for users who are at least 18 years of age. Persons under the age of 18 are not permitted to use or register for the Platform and the Services.
If you have any questions regarding the use of the Services, please email us at hello@getapollo.in.
A. INTELLECTUAL PROPRIETARY RIGHTS
Unless otherwise indicated, the Services are our proprietary property and all source code, databases, functionality, QR codes, software, web and mobile designs, audio, video, text, photographs, know-how and graphics forming part of the Services (collectively, the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”) are owned or co-owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions and international conventions. The Content and the Marks are provided on the Platform “AS IS” and for your information and personal use only. Except as expressly provided in these Terms, no part of the Services or the Platform (including any Content or Marks) may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed on any social media platforms, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever, without our prior written consent.
Provided that you are eligible to use the Services, you are granted a limited license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, the Content and the Marks.
B. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current and complete through using check in portals via QR codes at the respective venue partners, Google, Facebook or by manual sign up; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside (minimum age of 18 or above); (5) you will not access the Services through automated or non-human means, whether through a “bot”, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services and the Platform. You can always choose to opt out or email us to remove your data.
C. DEVICE USAGE TERMS AND CONDITIONS
You acknowledge and agree that your use of the Services must also be in accordance with the rules established by your mobile device platform, browser and/or service provider.
D. USER REGISTRATION
You agree to keep your username and password confidential and will be responsible for all use of your account, username and password. We reserve the right to remove you as an user or delete your account, in our sole discretion, if we determine there was anything illegal or inappropriate, obscene or otherwise objectionable about your usage of the Platform.
E. PROHIBITED ACTIVITIES
You may not access or use the Services for any purposes other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
1. Systematically retrieve data or other content from the Services to create or compile directly or indirectly, a collection, compilation, database, or directory without explicit written consent and permission from Apollo ID and members of management.
2. Make any unauthorized use of the Services, including collecting names, usernames, emails, phone numbers, home addresses, check in time(s) and date(s), personal information and/or email addresses of users, venue guests and venue staff and owners by electronic or other means for the purpose of sending unsolicited emails, texts, and/or creating user accounts, sign ups or check ins by automated means or under false pretenses.
3. Use a buying agent or purchasing agent to make purchases on the Services.
4. Circumvent, disable or otherwise interfere with security-related features of the Services and infrastructure that we use, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform at venue partners and the Services and/or the Content contained therein.
5. Engage in unauthorized framing of or linking to the Platform or the Services.
6. Trick, defraud or mislead us, our users, venue partners and their customers, especially in any attempt to learn sensitive information or personal, nonpublic data.
7. Make improper use of our support and ancillary services or submit false reports of abuse or misconduct.
8. Engage in any automated use of the Platform such as using scripts to send comments, emails or messages to users, venue partners and their customers when permitted by the Services and to venue partners, or using any data mining, robots or similar data gathering and extraction tools.
9. Interfere with, disrupt or create an undue burden on the Platform or Services or the networks or services connected to the Platform or Services.
10. Attempt to impersonate another person, user and/or venue partner employing the Services, or use the username or name of any such user.
11. Sell or otherwise transfer your Platform profile or status or any credentials or awards transferred to your account via the Platform.
12. Use any information obtained from the Services and/or the Platform to harass, abuse or harm another person and/or entity.
13. Use the Platform or the Services as part of any effort to compete with Apollo or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise without our prior written consent.
14. Decipher, decompile, disassemble or reverse engineer any of the software, QR mechanisms, code and/or databases comprising or in any way making up a part of the Services or the Platform.
15. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services or any portion of the Platform.
16. Harass, annoy, intimidate or threaten any of our full-time or part-time employees or our contractors, advisors, investors, partners and prospective venue partners, or agents engaged in providing any portion of the Services to you.
17. Delete the copyright or other proprietary rights notice from any Content.
18. Copy or adapt software and databases associated with the Services or the Platform , including but not limited to Google Scripts, Flash, PHP, HTML, Javascript or other code.
19. Upload or transmit viruses, “Trojan horses” or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Platform.
20. Upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”) 1x1 pixels, web application bugs, “cookies” or other similar devices (sometimes referred to as “spyware” or passive collection mechanisms” or “pcms”).
21. Except as may be the result of standard search engine or internet browser usage, use, launch, develop or distribute any automated system, including without limitation any “spider”, robot, cheat utility, scraper or offline reader that accesses the Services or the Platform.
22. Disparage, tarnish or otherwise harm, in our opinion, us, the Platform or the Services.
23. Use the Platform and/or the Services in a manner inconsistent with any applicable laws or regulations.
If you access the mobile Platform, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application license contained in these Terms. You shall not: (1) decompile, reverse engineer or disassemble, attempt to derive the source code of or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise or other purpose for which it is not designed or intended; (6) make the Platform available over a network or other environment permitting access of use by multiple devices or users at the same time; (7) use the Platform for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Platform; (8) use the Platform to send automated queries to any website or to send unsolicited commercial emails; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Platform.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple store or Google Play (each, an “App Distributor”) to access the Platform: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile applications as specified in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of these Terms and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
F. SOCIAL MEDIA INTEGRATION
As part of the functionality of the Platform, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Platform; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) to ensure that it is available on and through the Platform via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to privacy settings that have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Platform. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Platform. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Platform. You can deactivate the connection by contacting us at hello@getapollo.in.
G. USER GENERATED CONTRIBUTIONS
The Platform may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Platform and through third-party websites. As such, any Contributions you transmit may be treated as nonconfidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights, of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use your Contributions.
3. You authorize us, the Platform, and other users of the Platform to use your Contributions in any manner contemplated by the Platform and these Terms.
4. You have the written consent, release, and/or permission of each and every identifiable individual person named, described or depicted in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Platform and these Terms.
5. Your Contributions are not false, inaccurate, or misleading.
6. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
7. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us in our sole discretion).
8. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
9. Your Contributions do not harass or threaten (including in the legal sense of those terms) any other person or promote violence against a specific person or class of people.
10. Your Contributions do not violate any applicable law, regulation, or rule.
11. Your Contributions do not violate the privacy or publicity rights of any third party.
12. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
13. Your Contributions do not violate any applicable law concerning child pornography or the health or well-being of minors.
14. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, physical handicap or any other protected category of individuals or group.
15. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.
Any use of the Platform in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Platform.
H. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Platform or making Contributions accessible to the Platform by linking your account from the Platform to any of your social networking accounts, you, without any acknowledgement or compensation to you, automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable (except as expressly provided in the Privacy Policy), unrestricted, unlimited, perpetual (except as expressly provided in the Privacy Policy), non-exclusive, transferable, royalty-free, fully-paid up, worldwide permission, right, and license to commercially exploit, host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
Except as provided herein, we do not assert any ownership over your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Platform. You are solely responsible for your Contributions to the Platform and you expressly agree to exonerate us from any and all responsibility for, and to refrain from taking any legal action against us, regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations on the Platform; and (3) to pre-screen or delete any Contributions at any time and for any reason, in each case without notice to you. We have no obligation to monitor your Contributions.
I. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
J. VENUE PARTNERS
We allow venue partners to display their rewards, such as lists of drink specials or member ticket sales via push notifications or via any offered rewards or benefits. If you are a venue owner or manager or representative, you shall take full responsibility for any rewards, marketing materials, real-time data, information, content (photos/videos) etc. you place on the Platform and any services provided on the Platform or services/products sold through those rewards. Further, as a venue partner, you warrant and represent that you possess all rights and authority to place rewards on the Platform, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space and medium to place such rewards.
Furthermore, Apollo ID cannot guarantee the authenticity of any user-provided data, including, but not limited to, name, gender, age, pictures, and/or preferences. In addition, Apollo ID is under no obligation to communicate any user preferences or restrictions to Venue Partners. The Venue Partner takes full responsibility of any actions they take based on, or in the absence of, user-provided data (serving guests under the age of 21, ignoring guest’s allergies, etc.).
K. FEES & BILLING
Certain Venue Partners (restaurants, bars, lounges, nightclubs etc.) may require you to provide your payment information ahead of time, including where (a) the Venue Partner requires prepayment of bills or Services; (b) the Venue Partner charges a cancellation fee; and/or (c) the Venue Partner otherwise requires a credit card on file or usage of Apple Pay in order to receive Status benefits and purchase items within the Platform. These requirements will be specified on the venue page for that Venue Partner. When you check in to a Venue Partner that requires payment information ahead of time, we will ask you to provide us with information for a credit card, including the credit card number, expiration date, security code, and a billing address. You may choose to add your credit card information to your Account on the Services for subsequent visits and check ins while building your relationship with respective venues, until you change or remove such information from your Account on the Platform. We use a third-party payment processor (the “Payment Processor”) to bill you when your use of the Services results in charges to your credit card including Apple Pay. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors made by the Payment Processor. By checking in or claiming benefits/rewards/purchasable items/Status, you agree to pay, through the Payment Processor, any applicable fees in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Refund Policy with and for Apollo ID
All purchases made through Apollo ID are final and cannot be refunded once venue staff has marked the order as delivered. This includes, but is not limited to, food, drinks, bottles, tickets and any additional items or services. Once an order has been marked as delivered or scanned, it is considered fulfilled and no refund will be issued.
If you have any issues with your order, please contact us immediately at support@getapollo.in. We will do our best to resolve any issues you may have with your order or tickets.
Apollo ID has a strict no refund policy for deposits. Once a deposit has been made, it is non-refundable and cannot be returned under any circumstances. This includes, but is not limited to, cancellations, changes of mind, or failure to use the deposit. Members are encouraged to carefully consider their reservation before making a deposit, and to reach out to the venue through chat with any questions or concerns prior to making a deposit.
In the event that a customer's circumstances change and they are unable to use the deposit, the deposit may be transferred to a different date offered by the venue. The transfer of a deposit to a different date is at the sole discretion of the venue and is not guaranteed.
Tickets:
By purchasing tickets through Apollo ID, you acknowledge and agree to the following refund policy:
Refunds will only be issued up to 3 hours before the event starts. No refunds will be granted after the event has started. To request a refund, please contact us either through our chat feature or at support@getapollo.in.
Please note that refunds will only be issued to the original payment method used for the purchase and may take up to 10 days to be processed. We reserve the right to refuse any refund request that does not comply with our refund policy or if we suspect any fraudulent activity.
Please understand that we have a no refund policy after the event starts.
L. PLATFORM MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Platform for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law of these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Platform or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning Platform.
M. LINKS TO OTHER INTERNET PLATFORMS
This Platform may contain links to other Internet platforms which are not owned, operated, monitored by, or under the control of Apollo. Apollo shall not be responsible or liable for, and makes no representations concerning any content, advertising, products, services or other materials available from those sites. Such site links are provided solely for your convenience and do not imply any affiliation, association, endorsement, sponsorship, or recommendation by Apollo of those sites, their owners or operators. Apollo bears no responsibility whatsoever regarding the availability, content or terms of use of websites or platforms operated by third parties. If you access any such site links from this Platform, you do so entirely at your own risk.
N. LINKS TO THIS PLATFORM
If you wish to provide a link to this Platform, you may do so subject to the following terms and conditions: you may not use or replicate Platform content; you agree not to create a browser, border environment or frame for the Platform or content; you may not utilize any Platform content in any meta tags or any other “hidden text” techniques or technologies; you may not imply that Platform is in any way affiliated with or endorsing you or your products or services; you may not misrepresent your relationship with Apollo; you may not present false, misleading, derogatory or otherwise defamatory information about Apollo, its products or services; and your linked site may not contain content that could be construed as distasteful, offensive or controversial, and/or contain content that is not appropriate for all age, racial, religious or other groups protected by law. Any permitted links to the Platform must also comply with all applicable laws, rules and regulations. If you violate any of the foregoing terms and conditions, you agree to remove any link to the Platform immediately upon the request of Apollo.
O. PRIVACY POLICY
We care about data privacy and security, to say the least. Please review our Privacy Policy here: https://www.getapollo.in/privacy-policy. By using the Platform, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Application is hosted in the United States. If you access the Platform from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use or disclosure that differ from applicable laws in the United States, then through your continued use of the Platform, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept requests, or solicit information from children or knowingly market to children or minors under the age of 18 years old. We will uphold the accordance with the U.S. Children’s Online Privacy Protection Act.
P. COPYRIGHT
The content of the Platform is protected by copyright and we reserve all our rights in, to and under such copyright protection.
Q. COPYRIGHT COMPLAINTS
We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent (see contact information below) the information in writing specified below:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a reasonably sufficient description of the copyrighted work that you claim has been infringed upon;
• a description of where the material that you claim is infringing is located on the Platform;
• your address, telephone number, and e-mail address;
• a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on the Platform can be reached as follows:
Copyright Agent
Apollo Technology Platform, Incorporated
New York, NY 10019
Email: hello@getapollo.in
We may update this contact information from time-to-time without notice to you. We will post the current contact information on this Platform. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed as you will not receive a response to inquiries that are not related to copyright infringement. Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under applicable law, including without limitation the Digital Millennium Copyright Act.
R. TERM AND TERMINATION
These Terms shall remain in full force and effect while you use the Platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES OR PHONE DEVICEs) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF THE PLATFORM OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.
S. OUR PRODUCTS AND SERVICES
The Platform may contain references to specific products and services of ours that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.
T. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify or remove the contents, data and information from the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Platform. We are not responsible for any action which may be taken by a venue under its marketed rewards program. We’re a facilitator for venue partners to connect with you and their other customers.
We cannot guarantee the Platform will be available at all times. We may experience hardware, software or other problems. We may be required to perform maintenance related to the Platform, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates or releases in connection therewith.
U. GOVERNING LAW
These Terms and your use of the Platform are governed by and construed in accordance with the laws of the State of Delaware (without regard to any conflicts of law rule that would require the application of the law of any other jurisdiction).
V. DISPUTE RESOLUTION
Both parties agree to resolve any dispute either party may have arising out of or relating to these Terms or the Services in good faith mediation. In the event no mutual agreement is made under mediation within sixty (60) days of notice of such dispute, the parties have the right to resolve such dispute via arbitration before a single arbitrator pursuant to the then-current Commercial Rules of the American Arbitration Association (AAA). The arbitrator may award any relief available under applicable law including but not limited to an award of attorneys’ fees, this agreement to arbitrate does not interfere with either party’s right to file a claim with a state or federal agency with jurisdiction thereof to the extent permitted by applicable law. Even if allowed under AAA rules, no class or collective action or arbitration may be brought against Apollo hereunder unless required by applicable law. If either you or Apollo intends to seek arbitration under these Terms, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating the arbitration. Notice to Apollo should be sent as required by these Terms. The notice must describe the nature of the claim and the relief being sought.
For any disputes under these Terms not able to be arbitrated, you agree to irrevocably submit all such disputes related to these Terms to the jurisdiction of any federal or state court located in located in the State of Delaware. In any claim, action or proceeding to enforce any right or obligation of the parties under these Terms including, without limitation, relating to your use of our Services, you hereby waive any right you may now have or hereafter possess to a trial by jury.
W. CORRECTIONS
There may be information on the Platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, real-time or delayed data, availability, and other various forms of information. We reserve the right to correct any errors inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.
X. DISCLAIMER
THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT, DATA, INFORMATION OR THE CONTENT OF ANY PLATFORMS OR VENUE PARTNERS LINKED TO THE PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED THROUGH THE PLATFORM BY ANY THIRD PARTY AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY OR VENUE PARTNER THROUGH THE PLATFORM, ANY HYPERLINKED PLATFORM FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS AND VENUE PARTNERS OF PRODUCTS AND SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Y. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES (PART TIME, FULL TIME OR CONTRACTORS), FOUNDERS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY) TO YOU ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM WILL NOT EXCEED $5.00 OR THE COMPENSATION YOU PAID TO US, WHICHEVER IS LESS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Z. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates and all of our respective officers, agents, partners, and employees, from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of (1) your use of the Platform; (2) your breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) your violation of any applicable U.S. or foreign law; or (6) any overt harmful act toward any other user of the Platform with whom you connected via the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
AA. USER DATA
We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform, as well as data relating to your use of the Platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that is related to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
BB. HEADINGS
Headings and subheadings in these Terms are included solely for convenience of reference and will not be considered part of, or affect the interpretation of, these Terms.
CC. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
Visiting the Platform, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, PAYMENTS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
DD. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
EE. MISCELLANEOUS
These Terms and any policies or operation rules posted by us on the Platform or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operation to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Platform. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto execute these Terms.
FF. CLASS ACTION WAIVER
Any claim must be brought in the respective party’s individual capacity and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived and that any claims must be decided individually, through arbitration. If this class action waiver is found to be unenforceable, then the entirety of the arbitration agreement herein, if otherwise effective, shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
GG. FORCE MAJEURE
If either party is unable to perform any of its obligations hereunder due to any act of God, fire, casualty, flood, war, strike, shortage or any other cause beyond its reasonable control and if such party uses reasonable efforts to avoid such occurrence and minimize its duration and gives prompt notice to the other party, then the affected party’s performance shall be excused and the time for its performance shall be extended for the period of delay or inability to perform.
HH. CONTACT US
In order to resolve a complaint regarding the Platform, to send us a notice or to receive further information regarding use of the Platform, please contact us at:
Apollo ID
Email: hello@getapollo.in
New York, NY
United States