Welcome to our domain www.invotiate.com ("Website" "Site" or "Service") owned and operated by Invotiate Technologies Pvt Ltd, a Company incorporated under the Laws of Delaware, USA ("Company", "Us", "We", or "Our"). The present policy has been formed in compliance with Delaware Online Privacy and Protection Act and is governed by laws of Delaware.
We value the trust you place in us. That's why we insist upon the highest standards for secure transactions and User information privacy.
Information Collection And Use
There are areas of our Website that require you to provide us with certain personally identifiable information. We will use this information to contact you and identify you. This information includes but is not limited to your social accounts, email address and name ("Personal Information/Sensitive Personal Data") such as your name, mailing address, phone number, email address, credit card number, pan number, tin number, income tax returns, bank account number, passport details, driving license details, personal statements, reasons for seeking finance, income sources and financial information.
We also collect non-personal information from you, such as your browser type, the URL of the previous website you visited, your ISP, operating system, and your Internet protocol (IP) Address ("Non-Personal Information"). Non-Personal Information cannot be easily used to personally identify you. We also collect specific information through linked social profiles, your risk score, professional relationship score and other information that we receive from third-party providers. We use this information to improve our service to you and other users. We do not sell or share this information with any third party.
Confidentiality, Information Sharing and Disclosure
We limit the collection and use of your personal information. We may make anonymous or aggregate personal information and disclose such data only in a non-personally identifiable manner. Such information does not identify you individually. Access to your Account information and any other personally identifiable information is strictly restricted and used only in accordance with specific internal procedures, in order to operate, develop or improve our Services. We may use third party service providers to provide you with our Services and we ensure such third parties to maintain the confidentiality of the information we provide to them under our contracts with them.
Law and Data Protection
We may also share your information, without obtaining your prior written consent, with government agencies mandated under the law to obtain information for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences, or where disclosure is necessary for compliance of a legal obligation. Any Information may be required to be disclosed to any third party by us by an order under the law for the time being in force.
We may, also, disclose your Personal Information to any successor-in-interest of ours, such as a company that acquires us. In the event Invotiate Technologies Pvt Ltd goes through a business transition, such as a merger or acquisition by or with another company, or sale of all or a portion of our assets, your Personal Information will likely be among the assets transferred. You will be notified via email or by a notice on our Website of any such change in ownership or control of your Personal Information.
We may contract with various third parties who help us provide, maintain and improve the Invotiate.com and our Company Services. We also contract with several online partners to help manage, monitor and optimize our Website and its Services to help us measure the effectiveness of our advertising, communications and how visitors use the Website. We will use commercially reasonable efforts to prevent such third parties from disclosing your Personal Information, except for the purpose of providing the services in question. We cannot guarantee that such third parties will not disclose your Personal Information. In no circumstances, Invotiate.com shall disclose data in relation to your financial status, income statements, earnings, source of earnings, personal identification numbers, passwords, code numbers, bank account numbers, credit card numbers, expiry dates relationship numbers, CVV numbers, encryptions, cookies and other such electronic details.
We will disclose Non-Personal Information, in aggregate form, to potential strategic partners, advertisers, investors, customers, and others. You may not opt-out of the sharing of this information. However, it cannot be easily used to identify you personally.
To make an improvement in its business Invotiate.com may share the personal information of a user with a Credit Rating/Report Agencies such Credit Information Bureau in your country and the information shall be shared with Credit Rating Agencies in the event, Reserve Bank of India issues guidelines or direction in this regard.
Log data is information that your browser sends whenever you visit our Website, such as your computer’s Internet protocol (“IP address”), your browser type or version, the pages you visit on our Website and data on the time, date of your visit. We may further use information from your past transactions to analyse the information to improve our Website’s functionality and offering to you.
Cookies are small files with data that we use to uniquely identify you. We do not associate any of your Personal Information with these unique identifier files. We send cookies to your browser from our website and these cookies are stored on your computer’s hard drive. You can tell your browser to decline all cookies or to indicate when a cookie is being sent. In the event that you decide to decline cookies from our Website, you may not be able to use some parts of our Service.
From time to time we may employ other service providers to help us in facilitating our Website and to assist us with intelligent analysis of how our Service is used by our Users. These Service Providers will gain access to your Personal Information but only in the course of performing these tasks on our behalf. All such Service Providers are bound by our agreements to maintain confidentiality of this information and not to disclose it for any other purpose.
We occasionally use your Personal information to inform you about our promotional materials, send you newsletters and other similar marketing material that we think you will find interesting. You can select to stop receiving such communication by simply clicking the unsubscribe link at the bottom of our promotional email, sms or by simply contacting us.
Compliance With Laws
We reserve the right to disclose any and all your Personal Information if we are of the view that it is essential for the security of our Website or when required to do so by law, if we are of the view that it is necessary for our compliance with the law and upon reasonable requests of the law enforcement authorities.
We employ appropriate technical and organizational security measures at all times to protect the information we collect from you. We use multiple electronic, procedural, and physical security measures to protect against unauthorised or unlawful use or alteration of information, and against any accidental loss, destruction, or damage to information. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. Further, you are responsible for maintaining the confidentiality and security of your login id and password as we will not provide these credentials to any third party. We strive to keep all your Personal Information secure and we assure you that we use all commercially viable means to protect your Personal Information but we are unable to offer any guarantees of its security.
Transfer of Information
We may transfer and maintain your Personal Information on computers that are located in jurisdiction other than yours and that Your Personal Information may be governed by data protection laws that are different to those in your current state or country.
Please note that if you are domiciled outside of United States of America and you choose to provide us with Personal information, we may transfer your Personal Information to USA and process it here. By using our Website and submitting your Personal information you consent to such transfer and processing of your Personal Information.
Links To Other Sites
We assume no responsibility for any content made available on these third-party sites or their practices. You access and use these sites solely at your own risk.
Under-age Users Privacy
Our Website is not addressed for anyone under the age of 18 ("Children").
We do not collect any Personal Information from anyone under the age of 18 years. If you are the legal guardian of a Child who you believe has provided us with his/her Personal Information, please contact us immediately and we will take steps to remove such Personal Information from our servers immediately.
Invotiate.com intends to provide clear information about financial products and Services. The information and data on the Site are generic in nature. Our efforts are to offer accurate and responsible data. We are not responsible for any sort of discrepancies. There is no purpose of violating any copyright or intellectual copyrights issues. All information provided on the portal Invotiate.com is subject to the discretion of the same and is likely to change without any notice. Though, any changes in public utility will be communicated immediately on our portal. We have tried to maintain high standards in quality, clarity, and accuracy of the material posted on the portal. Invotiate.com is not legally responsible for the same in any matter whatsoever. Employees, partners, and associated staff of Invotiate.com are not accountable for any loss, harm, or damage due to usage of information from the portal. Customers are advised to use their own discretion in such matters. The information provided on the portal is of financial, insurance, and legal nature. It is a mutual understanding that customers association with the portal will be at the customer's preference and risk. Visitors to this Site and every third party associated with Invotiate.com are hereby informed that the owners of this Site, viz., Invotiate Technologies Pvt Ltd , are neither the intermediaries nor promoters of the products or the services of the banks and financial services companies, being dealt in this Site. It is made abundantly clear that Invotiate India Pvt Ltd, its directors, shareholders, officers, employees and Invotiate.com are in no way responsible or liable for any of the user’s investment or credit buying decision(s) (availing any kind of loans or any other financial services or taking credit through us), and every prospect/loan seeker/ investor/Lender/ Peer/ policy-holder shall be solely responsible for the consequences of their decision(s).
This website is running under Beta version for period of two months.
If You have any questions about these T&C, please contact Invotiate on [Support@invotiate.com]
INTRODUCTION & WORKING OF INVOTIATE
The Invotiate Platform is a cloud based invoice negotiation platform that enables Suppliers ("Sellers") and Customers ("Buyers") to negotiate the terms of payment for an agreed sale/purchase transaction. Either Buyer or Seller (collectively referred to as the "Parties") can invite the other to initiate the negotiations on the terms of payment via the Platform. The Platform is designed to facilitate the Parties to offer their respective business counterparty discounts for early payments of premiums or for late payments within a range selected by the offering Party. Respective Parties can indicate acceptance of an offer by accessing the Platform, creating a unique transaction code to indicate settled negotiations.
The Platform uses advanced machine learning technology and a proprietary algorithm which factors the Parties inputs in the negotiation process before presenting the offer to the other Party.
The Platform also has a present & collect feature can electronically present their invoice and the Platform periodically reminds both parties of the payment. The Parties fully acknowledge and specifically accept and consent to the fact that the Company only offers an online negotiation platform service and periodic reminders for payments due and payable. The Parties agree and undertake that the liability and legal responsibility for performance or breach (if any) of the financial understanding arrived at between the Parties using the Platform and its resources completely rests with the concerned Parties and the Platform takes no responsibility or bear liability for the same and neither the Platform is party to any of the financial transactions agreed between the Buyer and the Seller nor does it offer any billing facility to the Parties for processing agreed payments through the Platform. However, the transaction(s) relating to the mode of payments between the Parties are exclusively on their own responsibilities and the Platform is not liable for the same.
Invotiate Technologies Pvt Ltd and/or its subsidiaries, holdings, associates, affiliates do not in any way influence and/or impose any decision and/or agreement on behalf of users over its PLATFORM, and only uses data points from its software to assist users for Initiating, Receiving, and Negotiating Offers.
SCOPE & APPLICABILITY
The Services and information displayed on the Site is an "invitation to offer" to the User. Your order for purchase of either Services constitutes Your "offer" which shall be subject to the terms and conditions as listed below. Invotiate reserves the right to accept or reject Your offer. If You have supplied us with Your valid email address, we will notify You by email as soon as possible to confirm receipt of Your instruction and email You again to confirm details and therefore process the instruction accordingly for provision of Services or Products.
Our acceptance of Your instructions for either rendition of services will take place upon rendition of Services ordered. No act or omission of Invotiate prior to the actual dispatch of the Products or rendition of services ordered will constitute acceptance of Your offer. Similarly, no act or omission prior to the actual rendition of services shall constitute acceptance of Your offer.
A Person who cannot enter into legally binding contract in accordance with the provisions of the including person below the age of 21years or of unsound mind and un-discharged insolvents etc. are not entitled to use the Site or the Platform.
Persons under the age of 21 years are not permitted to get engaged with this Site or the Platform and have no permission to call for any services from through this Site or the Platform.
By placing an order, You make an offer to us to purchase Services You have selected based on the Terms and Conditions stated below. You are required to create an account in order to purchase any Services or future Products from our Site. This is required so we can provide You with easy access to print Your orders, view Your past purchases, and modify Your preferences.
As used herein, "Users" means anyone who accesses and/or uses the Site. For any terms herein applicable to all Users, whether individually or jointly or business and other entity Users specifically, or where the context otherwise requires, "Users" shall be deemed to include any business or other entity on behalf of which the Site or Service is accessed by any other User, and "You" “ Your” shall be deemed to include any such business or other entity and any person acting on behalf of any such business or other entity in connection with the Use of the Site or Service.
We neither lend nor borrow through the website. Invotiate is neither a financial institution, nor runs a collective investment scheme or a chit fund or any other such financial scheme.
SPECIFIC TERMS: ELIGIBILITY, LICENSE AND REPRESENTATIONS
The Invotiate Platform is not designed for use by persons under the age of 21years. In the event that You are under 21 years of age, You confirm that You have obtained the consent of Your parent or legal guardian to enter into any binding agreement with the Company and to take responsibility for:
(i) Your actions;
(ii) any charges associated with Your use of the Platform; and
(iii) Your acceptance and compliance with these Terms.
By using Our Platform, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein. If the User violates any of these Terms & Conditions, or otherwise violate an agreement entered into through the medium of the site, Invotitate may, delete User's profile and any content or information posted by the User on the site and/or prohibit the User from using or accessing the site at any time in its sole discretion, with or without notice, including without limitation.
The User also understands that if any liabilities are incurred by the negligent and/or malicious action/inactions of the user, Invotiate reserves its right to take action against the same and thereby protecting its interests.
If You do not meet the Eligibility criteria it is read and understood that the using/accessing of website in such circumstances is prohibited and You must exit the site immediately.
Account Registration and Access: You may browse through the Website without signing up, but as a requirement to using certain services offered by the Platform, You may be required to register at www.invotiate.com by providing Us with the required information. You agree that You will provide Us with accurate and current information when registering with the Platform and You agree to keep such information up-to-date.
When we accept an application for the creation of an Invotiate account, We will confirm by email that will be sent to applicant of the new account and at that point a legally binding contract will be created between the Account Holder i.e., either the Seller or the Buyer and Us. If you apply for an account to be created, you warrant that you are authorized to enter into this Agreement. The provisions of these T&C shall govern our agreement with you. We reserve the right, at our discretion, not to accept an application to create an Invotiate account. This may be due to technical constraints, because you or your business has been banned by us from using the service, we have been unable to adequately confirm your identity or for any other reason.
You hereby accept and agree that You are solely responsible and liable for any activity that occurs on Your account. You further accept and agree that You shall be responsible for maintaining the confidentiality of Your Sign in credentials on the Platform.
You agree that You will never use another User's account without their prior express permission. Furthermore, You agree to immediately notify Us in writing of any unauthorized use and access to Your account, or similar security breach of which You become aware of.
We may access Your account and the information that You have provided, for any support or maintenance purposes or for any security issues or business reasons that We see fit.
You are solely responsible for the personal or business information, photos, profiles, messages, notes, text, information, music, video, contact information for You or others, advertisements or other content that You upload, publish, provide or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other Users (collectively the "User Content").
If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Invotiate Technologies Pvt Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Invotiate LLC has the right to terminate your Account and refuse current or future use of access to the PLATFORM.
User Submissions: We may use Your User Submissions in a number of different ways in connection with the Platform as We may determine in Our sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, promoting it, distributing it.
By submitting User Submissions on the Website, You hereby do and shall grant the Website a worldwide, non-exclusive, royalty-free, fully paid, sub licensable and transferable license to use, reproduce, distribute, display, perform, and otherwise fully exploit the User Submissions in connection with the Website (and its successors and assigns'), including without limitation for promoting and redistributing part or all of the Website. You grant each User of the Website, a non-exclusive license to access Your User Submissions through the Website.
You further represent that You have all the rights to grant such license to Us, including but not limited to, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. If You do not wish for Us to use any User submission made by You, please do not publicly post any content on the Platform.
You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from whom such Content originated; that the Platform will not be liable for any errors or omissions in any Content; and that the Website cannot guarantee the identity of any other Users with whom You may interact in the course of using the Website.
Content made accessible by the Platform: The Platform cannot guarantee the authenticity or accuracy of any content or data which Users may provide about themselves or their offer. The User accepts and agrees that the User will not hold the Company liable for any loss of opportunity arising out of/related to any offer generated by the platform based on the User inputs that are factored in when the system generates an offer.
You hereby accept that You use the Platform and access any content provided therein at Your sole risk and You will be solely responsible and liable for any loss that may arise as a result there-from.
PROPRIETARY RIGHTS IN SITE CONTENT & LIMITED LICENSE
All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company with all rights reserved.
No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except as provided in the following sentence and except that the foregoing does not apply to Your own User Content that You legally post on the Site. Provided that You are eligible for use of the Site, You are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for Your use in connection with Your use of the Site or Service, provided that You keep all copyright or other proprietary notices intact. Except for Your own User Content, You may not republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited.
Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein.
You may only review personal information (including credit data) posted by or relating to other Users on the Site, but You are not authorized to disclose or otherwise use such information for any purpose other than assessing the creditworthiness of other Users. You may not reproduce any personal information (including credit data).
NOTE: We may terminate, disable or throttle Your access to, or use of, this Site and the Services at any time without notice for any reason, with or without cause at Invotiate's sole discretion.
USER REPRESENTATIONS AND WARRANTIES
You represent, warrant and agree that no materials of any kind submitted through Your account or otherwise posted or shared by You through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, fraudulent or otherwise unlawful material.
You further agree not to harvest or collect email addresses or other contact information of Users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, You agree not to use automated scripts to collect information from the Service or the Site or for any other purpose.
You further agree that You may not use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. In addition, You agree not to use the Service or the Site to:
(i) upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
(ii) impersonate any person or entity, or falsely state or otherwise misrepresent Yourself, Your age or Your affiliation with or authority to act on behalf of any person or entity;
(iii) upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(iv) upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
(v) solicit personal information from any natural person under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes from any User;
(vi) upload, post, transmit, share or otherwise make available any material that contains software viruses or any other malicious or tracking computer code, files or programs designed to track, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(vii) intimidate or harass another User;
(viii) upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
(ix) use or attempt to use another's account, service or system without authorization from that person and the Company, or create a false identity on the Service or the Site; or
(x) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its Users to any harm or liability of any type.
You further acknowledge:
(xi) that Invotiate is not engaged in either the granting of loans, encumbering, or borrowing any money from any User of the website.
(xii) that Invotiate managing this website and neither Invotiate or any of its subsidiary or affiliate has any interest in either grant of loan or in borrowing money from a User registered on the website.
(xiii) that Invotiate is not at all responsible for any claim or damage in case either the person who has entered into an understanding with regard to certain invoice negotiations and for any unpaid financials or breach of mutual covenants/understandings, post such negotiations .
(xiv) that Invotiate in no manner warrants or guarantees the performance of a service provider that is providing services through the website of Invotiate.
(xv) that it is Your responsibility to verify the information about the person on the website and Invotiate is in no manner liable if the information provided on this website is untrue or incorrect.
(xvi) that Invotiate is in no manner responsible for any claim of money or damages in the event one person fails to either grant loan or a person fails to repay the loan or misrepresents about his financial status or commits a fraud or a cheating or any other such illegal act.
(xvii) that You are aware of all Your rights, duties and applicability of various laws including not limited to Income Tax Act, 1961, the Foreign Contributions Regulation Act, 2010, the Information Technology Act, Money Lending Act and any other Statutes, Ordinances and Regulations (including, but not limited to GST, Sales Tax/ VAT, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies)
(xviii) That We shall not be responsible for the transaction(s) relating to Payment(s) which includes the flow of money between the You and the Counterparty and WE shall be absolved from all or any liability arising therefrom.
ALL USERS: CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES
Because the Invotiate platform operates only on the Internet, whether You choose to participate on our platform as a user or in any other manner, it is necessary for You to consent to transact business with us online and electronically. As part of doing business with us therefore, we also need You to consent to our giving You certain disclosures electronically, either via our Site or to the email address You provide to us.
You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) You have provided to us, or numbers we can reasonably associate with Your account (through skip trace, caller ID capture or other means), with information or questions about Your application, loan and/or account. You certify, warrant and represent that the telephone numbers that You have provided to us are Your numbers and not someone else's. You represent that You are permitted to receive calls at each of the telephone numbers You have provided to us. You agree to alert us whenever You stop using a particular telephone number.
CALL RECORDING AND MONITORING: You consent to the recording and monitoring, for quality assurance, training, risk management and/or collection purposes, of any call that You place with us (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) place to You.
INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights associated with and existing in the Platform, the website, the domain namses and the trademarks, logos and service marks ("Marks") displayed on the Site are the property of Invotiate Technologies Pvt Ltd. And by accepting these Terms and Conditions, you agree to and specifically consent to the same. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. Users are also prohibited from copying or unauthorizedly using any Marks for any purpose including, but not limited to use as meta-tags on other pages or sites on the World Wide Web without prior written consent of Invotiate LLC.
PAYMENT POLICY, CANCELLATIONS AND REFUNDS
Users can select either select “Pay As You Go” or the “Premium Membership” or the “Forever Free” to make use of the Invotiate Platform. Services details please visit our homepage at www.invotiate.com/#home
In “Pay As You Go” or the “Premium Membership” options only the initiating party pays for the use of the negotiation once the Parties reach an agreement; if no agreement is reached, there is no obligation to pay, however it may be noted that the We shall make no refund of the fee shall be honored post the completion of the negotiations and confirmation of the transaction completion by both the Parties. With premium membership Users pay a monthly fee as mentioned in the pricing section of www.invotiate.com/#ipremium and www.invotaite.com/pricing is subject to change.You take full responsibility for the payment of any taxes and transaction fees that may be incurred in the processing of Your monthly fees. All payments are processed through Secure Electronic Mode as per industry standards.
The Indian group Company of Invotiate Technologies Pvt Ltd, Invotiate Technologies Private Limited (“Invotiate India), a company incorporated in accordance with the laws of India, is licensed to sell and advise on any transactions and for billing Invotiate LLC clients globally. By accepting our Payment Policy, You further agree to comply with Invotiate India’s Terms and Conditions and to provide us with accurate, complete and current payment information.
Please note that the premium membership fee is fully earned on the payment day and we do not offer any pro-rata refunds should You choose to cancel Your subscription before the end of Your billing cycle.
To cancel Your account You must notify Us via e-mail at with the words “Cancellation” in the subject line. You must cancel Your account before it renews for the following month or year to avoid billing for the next period.
In the event We are unable to process Your premium membership fee, We will attempt to contact You. If You fail to make the payment to renew Your premium membership within 72 hours from the time We contact You, the Company reserves the right to Cancel Your membership until such time that We receive the full outstanding fee.
We reserve the right to modify the premium membership fees, payment, cancellation and refund policy at any time by amending these Terms without any notice to You.
Unless explicitly stated otherwise on the Platform, Our responsibility is limited to facilitating the availability of the Platform to the Seller and Buyers. When claiming refund the Parties are deemed to note that no fee refund will be honoured post the negotiation is confirmed from both Parties.All payment terms agreed upon by the parties constitute a legally binding agreement between the seller and the buyer only. at no time can the company be held responsible for the failure of either party to meet its obligations under the payment terms as negotiated by the parties through the platform including but not limited to non-delivery or non-payment.
The company cannot and does not control the suitability or legality of any content on the platform. The company is not responsible for and disclaims any and all liability related to any party not performing its obligation towards the other. Accordingly, any decision to accept any offer through the platform is at Your own risk. The company also disclaims any liability for miscalculation caused by any bugs or errors on the platform. You are hereby expressly warned to review offer amounts independently and not solely rely upon the automated mechanism offered by the platform.
The platform reserves the right but is under no obligation to keep the record of agreed payment terms between the parties for more than two years after the date when parties reach an agreement. Whenever, parties reach an agreement on the platform, a confirmation e-mail is sent to both parties confirming the payment terms. It is the sole responsibility of the buyer and the seller to store this email safely should they wish to access payment term records after the two years period has lapsed.
For more information regarding payment, cancellations and refunds please visit our FAQ’s at www.invotiate.com/#faq www.invotiate.com/FAQ THIRD-PARTY SITES
The services we provide may contain links to other websites. We do not control and are not responsible for the privacy practices or the content of these other websites. Users should check the policy statement of these websites to understand their policies, because those who access a linked site or integrated third-party service may be disclosing their private information to third parties. It is the responsibility of customers and users to keep such information private and confidential.
We reserve the right to investigate and prosecute violations of any prohibited behaviour to the fullest extent of the law. We reserve the right to take actions to prevent and/or control such violation including but not limited to, removing any inappropriate communication or content from the Platform and/or terminating the account of such violators and/or blocking their use of the Platform.
We welcome Your feedback and suggestions about how to improve the Invotiate Platform. Feel free to submit feedback to email@example.com. By submitting feedback, You agree to grant Us the right, at Our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to You.
The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User's access to the Platform (as the case may be) without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, as a result of such deactivation or/and suspension.
You accept that We have no duty to take any action regarding: the offer You make or receive through the Platform; the accuracy or correctness of such offer, the effects of such offer on You; how You may interpret or use an offer generated by the Platform based on all the meta points used by Our software; or any actions that You may take after receiving such offer.
You release the Company from all liability for You having acquired or not acquired a desirable offer through the use of the Platform. We make no representations concerning any Content contained in or accessed through the Platform, and the Company will not be responsible or liable for the accuracy, copyright compliance, availability, legality or decency of material contained in or accessed through the Platform.
You understand that We do not, in any way, screen Users. In no event shall We be liable for any damages whatsoever, arising out of or relating to Your conduct or anyone else in connection with the Platform. Please beware that You should not, under any circumstances, provide Your financial information (e.g., credit card or bank account numbers) to other individuals.
The Platform and Services arising therefrom are provided "AS IS", "AS AVAILABLE" and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.
We do not warrant use of the website will be uninterrupted or error-free or that errors will be detected or corrected spontaneously. We do not assume any liability or responsibility for any computer viruses, bugs, malicious code or other harmful components, delays, inaccuracies, errors or omissions, or the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the services.
o The website may be under constant upgrades, and some functions and features may not be fully operational.
o We disclaim any liability arising due to the vagaries that can occur in the electronic distribution of information.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary contained herein, neither Invotiate nor its affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to You or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these Terms and Conditions. To the maximum extent permitted by law, You waive, release, discharge and hold harmless Invotiate and/or it's affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of Your use of the Website.
In no event, will the total liability of the Company or its directors, employees, agents, representatives, partners or suppliers to You for all damages, losses and causes of action arising out of or relating to these terms, Your use of the Platform or Your interaction with other Users (whether in contract, delict including negligence, warranty or otherwise) with respect to the Site, service, content, product, User submissions or add-to link for:
i) indirect or consequential losses or damages;
ii) loss of actual or anticipated profits;
iii) loss of revenue;
iv) loss of goodwill;
v) loss of data;
vi) loss of anticipated savings;
vii) wasted expenditure; or
viii) cost of procurement of substitute services.
You agree to release, defend, indemnify, and hold harmless the Company and its founder, affiliates, subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(i) Your access to the Platform;
(ii) Your use of the machine learning software made available on the Platform.
(iv) The infringement by You, or any third party using Your account or Username or password, of any intellectual property or other right of any person or entity.
Invotiate reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us including rights to settle, and You agree to cooperate with us defense and settlement of these claims. We will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.
Governing Law: This Agreement is governed by the laws of State of California, United States of America. The Parties agree that any dispute or claim arising out of or in connection with this Agreement or its subject-matter, shall be subject to the non-exclusive jurisdiction of the Courts in California, USA. The Company shall retain the right, at its option and for its exclusive benefit, to institute proceedings regarding or relating to Your use of the Service in the courts of the country in which You reside or where the service was effected.
Dispute Resolution: Any dispute involving Invotiate, whether as a formal party or otherwise shall be resolved by Arbitration of a sole Arbitrator appointed by Invotiate and in accordance with the. The jurisdiction of all disputes shall be exclusively situated at and the seat of Arbitration shall be exclusively in. The language to be used in all proceedings shall be English.
Any dispute involving Invotiate, whether as a formal party or otherwise shall be resolved by Arbitration by a single arbitrator engaged in the practice of law and familiar with the Internet and commercial online services, under the then current rules of the American Arbitration Association ("AAA"). The Federal Arbitration Act, 9 U.S.C. Secs. 1-16, not state law, shall govern the arbitrability of all Disputes. The arbitrator shall have authority to award compensatory damages only. The arbitrator's award shall be final and binding and may be entered in any court having jurisdiction thereof. Each Party shall bear its own costs and attorneys' fees, and shall share equally in the fees and expenses of the arbitrator. The arbitration shall occur in the City and State of the party against whom the arbitration is brought and the laws of such state shall govern the construction and interpretation of the Agreement. It is expressly agreed that the Arbitrator shall be authorized to issue injunctive relief pending an award in arbitration and either Party may seek relief in an appropriate court of law to enforce such determination by an arbitrator.
Assignability: We may assign any of Our responsibilities and/or obligations to any other Person, at Our sole discretion, without giving any notice to You. However, You shall not assign or transfer any of Your rights under this Agreement to any other party, without express written consent from the Company.
Severability: If for any reason, any clause of this Agreement or any part of any clause is deemed to be unlawful, void, or for any reason unenforceable, then such provision will be limited or eliminated from this Agreement only to the extent necessary and will not affect the validity and enforceability of any remaining provisions.
Force Majeure: The Company is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
Compliance with Laws: The user shall comply with all the applicable laws in the relevant jurisdiction (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 2010 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Invotiate Platform.
Interpretation unless the context otherwise requires headings are inserted for ease of reference only and are not to be used to define, interpret or limit any of the provisions of this Agreement.
All communication with regard any disputes arising in connection with services provided by Invotiate You are required to give notice to the Grievance officer at email: Grievances@invotitale.com and a copy to be marked to Email: invotiate @techlegis.com.