Terms of use

Terms of use

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the Privacy Policy and Terms of Use for access or usage of the website – www.invotiate.com


This website is running under Beta version for period of two months.

Please review these Terms of Use before using this site or accessing any data on the Invotiate Platform. If You do not agree to these terms without limitation or exclusion, You should exit this website.


This is a summary of our Terms & Conditions “T&C” and Privacy Policy. For our complete T&C, please read below and visit our Privacy Policy.
If You have any questions about these T&C, please contact Invotiate on [Support@invotiate.com]


The Invotiate service and network (collectively, the "Service" “Invotiate” “Platform”, “Website”, or “Site”) are and all of its other subsidiary companies are ownedare owned and operated by the parent company Invotiate Technologies Pvt Ltd, a company domiciled in Delaware, USA and its Authorised User/Licensee entity Invotaite Technologies Pvt. Ltd. ( hereinafter collectively referred to as “Invotiate” “Company”, “We”, “Us”, or “Our”) , By accessing or using our web site at www.invotiate.com, including any subdomain thereof You (the "User" “You” “Your”) signify that You have read, understooand specifically consented and agreed to be bound by these terms of use ("Terms of Use"), regardless of whether You are a registered member of the Service.


INTRODUCTION & WORKING OF INVOTIATE

The Invotiate Platform is a cloud based invoice negotiation platform that enables Suppliers (”Sellers”) and Customers (“Buyers”) to negotiate payment terms for an agreed sale/purchase transaction. Either Buyer or Seller (collectively referred to as the “Parties”) can invite the other party to start negotiating on the payment terms on the Platform. The Platform is designed to facilitate parties to offer their respective business counterparty discounts for early payments or premiums for late payments within a range selected by the offering party. can indicate acceptance of an offer by _______


The Platform uses advanced machine learning technology and a proprietary algorithm which factors User the Parties inputs 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. In the negotiation process before presenting the offer to the other Party. Under no circumstances does the Company reveal the Offeror’s parameters selected to the counterparty.


The Platform also has a present & collect feature enables Sellers to present and collect service whereby the Seller 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 the an negotiationonline 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 We do not offer offer any billing facility to Users the Parties for processing agreed payments through the Platform. However, the transaction(s) relating to the mode of payments between the pParties are exclusively on their own responsibilities and Wethe Platform are 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 Indian Contract Act, 1872 including person below the age of 218 years or of unsound mind and un-discharged insolvents etc. are not entitled to use the Site or the Platform. Persons under the age of 218 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. The Site is freely accessible to the online User however; the User will have to register with www.invotiate.com and create their individual registration account prior to any use fo the Platform or purchase of Services or Products. User(s) can be any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the services provided by Invotiate. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law i.e. Indian Contract Act, 1872. All registration information must be correct, complete and promptly updated by the User each time it changes. We reserves the right to make any changes to our T&C and/or our Privacy Policy as we deem necessary or desirable without prior notification to You. We suggest to You, therefore, that You read our T&C and Privacy Policy from time to time in order that You stay informed as to any such changes. If we make changes to our T&C and Privacy Policy and You continue to use our Site, You are impliedly agreeing to the revised T&C and Privacy Policy expressed herein. Your privacy is important to us and we will protect it. We will not share Your personal information with anyone other than those listed in our Privacy Policy. As a condition of purchase, Invotiate requires Your consent to send You administrative and promotional emails / SMS/ Phone Calls. We will send You information regarding Your account activity and purchases, as well as updates about our Services and Products and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. Some extracts to be captured from added comment (4) 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. 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, all applicants, whether individually or jointly, all investor members, 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. For purposes of these Terms of Use, a sole proprietor participating in our Small Business lending program is deemed to be acting on behalf of a business. On this website, You could either be a visitor and browse and search for persons who are willing to lend, persons who are willing to borrow, details of service providers such as verification agencies, collection agents and other such service providers that would provide services to either lenders or to borrowers. For the avoidance of doubt, we shall merely facilitate a transaction of borrowing and lending between two such persons. 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. By using the Platform, You represent that You have read and agreed to be bound by this Agreement, as well as any other guidelines, Privacy Policy referenced herein, collectively referred to as "Terms of Use". These Terms of Use govern any and all activities that can be performed through the Platform, including but not limited to the services offered by the Platform to its Users.


SPECIFIC TERMS: ELIGIBILITY, LICENSE AND REPRESENTATIONS

ELIGIBILITY

The Invotiate Platform is not designed for use by persons under the age of 218 years. In the event that You are under 218 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:

  • Your actions;
  • any charges associated with Your use of the Platform; and
  • 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 understandunderstands 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.


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 understandunderstands 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 DETAILS



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. Any failure on Your part to provide Us with the aforementioned accurate and current information shall constitute a breach of these Terms of Use. In the event of such breach, We reserve the right to immediately terminate Your User account. We reserve the right to refuse registration of a User account in Our sole discretion or change the Username if it is deemed inappropriate. 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"). It is against the Terms of Use to contact members directly or to attempt to enter into any transactions with members outside of the Service. You understand and agree that the Company may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation, User Content that in the sole judgment of the Company violates these Terms of Use, might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of, Users or others. By posting User Content to any part of the Site, You automatically grant, and You represent and warrant that You have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove Your User Content from the Site at any time. If You choose to remove Your User Content, the license granted above will not expire. 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, sublicensablesub 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. Note: For purposes of these Terms of Use, the term "Content" includes, without limitation, User’s personal data/profile, system generated offers during the negotiation process, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by the Platform. Content added, created, submitted, publicly posted through the Platform by Users is collectively referred to as, "User Submissions".


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. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause. 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:

  • 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;
  • 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;
  • 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;
  • 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;
  • solicit personal information from any natural person under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes from any User;
  • 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;
  • intimidate or harass another User;
  • 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;
  • 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
  • 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:
  • that Invotiate is not engaged in either the granting of loans, encumbering, or borrowing any money from any User of the website.
  • 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.
  • that Invotiate is not at all responsible for any claim or damage in case either the person who has agreed to grant loan has not granted loan or the person who has agreed to repay the loan do not repay the loan entered into an understanding with regard to certain invoice negotiations and for any unpaid financials or breach of mutual covenants/understandings, post such negotiations.
  • that Invotiate in no manner warrants or guarantees the performance of a service provider that is providing services through the website of Invotiate.
  • that Invotiate in no manner warrants and guarantees that the grantor of loan or the recipient of loan has provided all the information on this website which is true and correct including his address, phone numbers etc.
  • 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.
  • 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.
  • that You have taken expert advice from a legal consultant or any other expert so required about Your status to lend or borrow on the site.
  • 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) regarding Your use of our service which may govern the lending and borrowing of monies within Your State of residence or from where You ordinarily conduct Your business.
  • 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.


CUSTOMER COMMUNICATIONS: By accepting these Terms of Use, You expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address You provide or at which You may be reached. You agree we may contact You in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by You or someone else. In the event that an agent or representative calls, he or she may also leave a message on Your answering machine, voice mail, or send one via text.
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 www.invotaite.com/pricingand 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 Paypal Payment GatewayElectronic Mode as per industry standards


The subsidiary Indian group Company of Invotiate Technologies Pvt Ltd, Invotiate India 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 Pparties are deemed to note that no fee refund will be honoured post the negotiation is confirmed from both Pparties. 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.


REMEDIES
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.

FEEDBACK
We welcome Your feedback and suggestions about how to improve the Invotiate Platform. Feel free to submit feedback to info@invotiate.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.

MAINTENANCE
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.

COOKIES
We use cookies, which are small files that are stored by Your browser on Your computer's hard drive. This information allows us to process Your online transactions and requests and to help us make sure You are who You say You are after You've signed into a password-protected area of one of our websites. Cookies are required in order to use password-protected services on our website.

PRIVACY
Please review the Site's Privacy Policy. By using the Site or the Service, You are consenting to the Privacy Policy and agree to have Your personal data including sensitive personal data transferred to and processed in India as well as globally. You can read our Privacy Policy here www.invotiate.com/policy

DISCLAIMER
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. Additionally, there are no warranties as to the results of Your use of the Content. We do not warrant that the Site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
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.

  • The website may be under constant upgrades, and some functions and features may not be fully operational.
  • 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.


The information contained herein is only to enable the Lender to make a considered decision. Any decision taken by the Lender on the basis of this information is the sole responsibility of the Lender and Invotiate is not liable. This information does not include any sensitive personal data or information of the Borrower. We only facilitate a virtual meeting place between the Borrowers and the Lenders on its online platform. The decision to lend is entirely at the discretion of the Lender and Invotiate does not guarantee that the Borrowers will receive any loans from the Lenders. We merely act as aggregators and provide aids and assist the Lenders and the Borrowers listed on its website to make and receive loans and charges a service fee from the Lenders and the Borrowers for such assistance.
Invotiate is only an ‘Intermediary’ under the provisions of the Information Technology Act, 1999.


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:

  • indirect or consequential losses or damages;
  • loss of actual or anticipated profits;
  • loss of revenue;
  • loss of goodwill;
  • loss of data;
  • loss of anticipated savings;
  • wasted expenditure; or
  • cost of procurement of substitute services.

INDEMNITY


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:

  • Your access to the Platform;
  • Your use of the machine learning software made available on the Platform.
  • The violation of these Terms of Use by You, or;
  • 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.


MISCELLANEOUS


Governing Law: This Agreement is governed by the laws of DelawareState of ,California, United States of America. The parties 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 Delaware, 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 Indian Arbitration and Conciliation Act, 1996. The jurisdiction of all disputes shall be exclusively situated at Delhi and the seat of Arbitration shall be exclusively in New Delhi. 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.
Waiver: The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall 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 in this Agreement: 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.
These "Terms of Use" and "Privacy Policy" of the Platform constitute a binding agreement between You and the Company, and is accepted by You when You access this Website.
CHANGES TO THESE TERMS OF USE We may make changes to these Terms of Use from time to time. If we do this, we will post the changed Terms of Use on the Site and will indicate at the top of this page the date the Terms of Use were last revised. You understand and agree that Your continued use of the Service or the Site after we have made any such changes constitutes Your acceptance of the new Terms of Use.
NOTICES All communication with regard any disputes arising in connection with services provided by Invotiate You are required to give notice to the Grievance officer namely –at email: Grievances@invotitale.com [insert details of person] and a copy to be marked to Mr. Salman Waris, Senior Partner at Tech Legis LLC Level 1 Redfort Capital Parsavnath Towers Bhai Veer Singh Marg, Connaught Circus, Gole Market, New Delhi, Delhi 110001 Email: invotiate salmanwaris@techlegis.com. A response will given within one week.
Kindly advise should we have explicit paragraph on trademark & intellectual property although it has been covered in parts in few paragraphs