TERMS AND CONDITIONS

Last updated 16th August 2024

PLEASE, READ THESE TERMS AND CONDITIONS PRIOR TO SIGNING UP FOR THE USE OF THE WEBSITE OR ANY OF THE SERVICES AVAILABLE THROUGH IT

By means of mere use of the Webpage or any of the Services available through it (as defined below), or by any other form of acceptance, you (whether on your own or on behalf of any other legal entity) (“You” or “User”) express your consent to these Terms and Conditions (the “Terms”). The latter constitutes a legally binding agreement made between you and Invictus Pro Ltd. (“Invictus Pro”, or “We”, or “Us”, or “Our”) (together You and Invictus Pro are referred to as the “Parties” and each individually as a “Party”). To the extent permitted by the applicable statutory legal provisions, these Terms exclusively govern the relations between the Parties concerning the access to and use of the Website and the Services available through it.

Invictus Pro is the owner of the online platform accessible at www.zexyhealth.com (the “Website”) designed as a decentralized Peer-to-Peer platform for online shopping where diverse merchants (“Merchants”) can offer products and services (the “Services” or the “Products”) to end-customers (“Customers”). 

All payments made on the Website are conducted using digital assets or virtual currencies, which are defined as a digital representation of value not issued or guaranteed by any central bank or public authority. These virtual currencies are not legally recognized as currency or money, but they are accepted by individuals and entities as a means of exchange and can be transferred, stored, and traded electronically (“Virtual Currency” or “Assets”). 

If, in any case, you disagree with the Terms and Conditions set herein or any other binding document on the Website, you must immediately cease to use the Website and the Services.

We may unilaterally amend these Terms at any time, and to the extent permitted by applicable legal provisions, You shall be bound by any such changes. No express notification shall be required for the purposes of establishing the binding nature of the amended Terms. You shall bear the obligation to check the latest version of these Terms at least once a month. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms by your continued use of the Website and the Services after the date such revised Terms are posted.

The information related to and the use of the Website and the Services are not provided to any users that are domiciled, seated, or temporarily reside in jurisdiction/s where such information or use is prohibited, regulated, or is against any statutory legal provisions (“Prohibited Jurisdictions”). You undertake to maintain the obligation to systematically check whether You are accessing the information provided on our Website or are using its functionalities within such a Prohibited Jurisdiction. If affirmative, You are obliged to cease accessing the information or using the Webpage immediately. Any breach of this obligation shall lead to the personal responsibility and liability of the breaching Party. 

You shall be at least 18 years old to access and use the Website.

ROLE OF INVICTUS PRO

Please note that Invictus Pro is solely a service provider facilitating the operation of the Website and is not a party to the transactions or contractual relationships between Merchants and Customers.

The Role of Invictus Pro is limited to:

1. Facilitator Only: Invictus Pro provides the technology and infrastructure for the Website but does not get involved in the actual transaction or contract between Merchants and Customers. The role of Invictus Pro is limited to providing access to the Website, hosting the content, and offering related technical support.

2. No Endorsement: Invictus Pro does not endorse, guarantee, or validate any Merchant, their offerings, or their conduct. All interactions, transactions, and communications between Merchants and Customers are conducted independently of Invictus Pro. Merchants are solely responsible for their listings, including the accuracy of product descriptions, pricing, quality, and fulfilment of orders.

3. No Agency Relationship: No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created between Invictus Pro and any Merchant or Customer by these terms and conditions or by the use of the Website. Each Merchant acts independently and is not authorized to make any representations or commitments on behalf of Invictus Pro.

4. Payment Processing: All payment transactions between Merchants and Customers on the Website are conducted using Virtual Currencies, which are a digital representation of value that is not issued or guaranteed by any central bank or public authority. Invictus Pro is not responsible for the transfer, storage, or management of these virtual currencies and does not provide any services related to the payment transactions beyond facilitating the connection between the parties. Invictus Pro provides a platform for Merchants and Customers to connect and conduct transactions. However, Invictus Pro does not process payments or hold funds on behalf of either party. All financial transactions are conducted directly between the Merchant and the Customer, and Invictus Pro has no access to or control over these funds. The platform calculates any applicable commissions based on transaction data, but these commissions are settled independently by the Merchant.

5. Virtual Currency Transactions Risk: Transactions involving Virtual Currencies are conducted directly between the Merchant and the Customer. Invictus Pro does not guarantee the value, legitimacy, or success of any Virtual Currency transaction. The platform does not provide financial services, currency exchange, or transaction confirmation services. All risks associated with Virtual Currency transactions are borne by the parties involved. The Website may provide tools, such as smart contracts, to assist in the validation of transactions between Merchants and Customers. However, Invictus Pro does not execute these transactions and is not responsible for ensuring the terms of the transaction are met. The use of smart contracts and other tools is at the discretion of the parties involved, who bear all associated risks.

6. No Dispute Resolution Role: In the event of a dispute between a Merchant and a Customer, Invictus Pro may, at its discretion, offer advisory support to help resolve the issue. However, Invictus Pro is not a party to the transaction and assumes no responsibility or liability for the resolution of disputes, including those involving payments or Virtual Currencies.

INTELLECTUAL PROPERTY RIGHTS

We retain any and all registered or not registered proprietary or limited rights over any intellectual property related to the Website and the Services, including but not limited to all source code, databases, functionalities, software, designs, industrial designs, audio, video, text, visuals trademarks, service marks, and logos contained therein, any patents (“Intellectual Property”) and rights deriving therefrom are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws in any jurisdiction or under international conventions (“Intellectual Property Rights”).

GENERAL PRIVACY INFORMATION

All personal data transmitted by You concerning the use of the Website and the Services is collected lawfully and transparently.

By consenting to these Terms, You acknowledge and agree that your personal data can be used by Us for the purposes of providing and enhancing the services and functionalities offered on the Website.

The registration form, which is used to create a profile on the Website, allows You to register and benefit from the services provided on the latter without communicating to Invictus Pro personal data except for your email. The compulsory or optional submission of data requested is listed on the form for each field collection. If data communication is required, the lack of communication shall result in the absence of processing for the registration application.

Invictus Pro does not disclose your personal data to third parties, except for data that is already presented on your public profile in accordance with the parameters determined by You, solely to supply our services to You, and in cases where disclosure of such data is required by applicable regulations, including at the request of a competent state authority. The personal data communicated by You shall be destroyed five years after your last connection to the Website or at Your request.

You shall have the right to access, rectify and delete your personal data, which is processed through the Website, and the right to object to the communication of this information to third parties for a good cause.

You may exercise these rights by emailing us at [[email protected]].

The Website uses the technology called “cookies”. Cookies are helpful in particular to facilitate the customization of your access to the Webpage and to enable a secure connection during the authentication and continued use process.

Overall, cookies are damage free to your device. Cookies maintain the anonymity of the User and are in no way used to collect personal data, but only for connection and statistics. Invictus Pro shall take the necessary measures to ensure that the personal data collected through the Webpage is neither lost nor diverted, nor accessed, modified, or disclosed by unauthorized third parties. 

LIMITED USER LICENCE

Under the conditions of You being eligible to be a Party to and accepting these Terms and Conditions, you are granted a limited, revocable, non-exclusive, non-transferable licence to access the Webpage and use it and the services/products listed thereon for personal and/or business purposes only on an “AS IS” basis and in strict compliance with these Terms. Except as expressly provided in these Terms, no part of the Intellectual Property protected by Intellectual Property Rights may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Website and software products listed thereon; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Website and the products listed thereon; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the Website and the products listed thereon; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by Invictus Pro; (5) use the Website for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended to be used for; (6) make the Website available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the Website for creating a product, Service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Website and/or the products listed thereon; (8) use the Website to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Website.

 

USER REPRESENTATIONS

Upon acceptance of these Terms, You give Us the following representations and warranties: (1) any information provided by You in the registration process is true, complete, accurate, and not misleading;(2) You will maintain the accuracy of such information and promptly update such registration information as necessary;(3) You have the legal capacity, and you agree to comply with these Terms;(4) You are not a resident of a Prohibited Jurisdiction and will not use the Website in such country;(5) You will not use the Website and products listed thereon for any illegal or unauthorized purpose; and(6) your use of the Website will not violate any applicable laws, regulation, our or any third party’s Intellectual Property Rights, civil, human, or commercial rights of any kind; and (7) You will not use the Website and products listed thereon to commit any criminal offence. Suppose you provide untrue, inaccurate, not current, or incomplete information. In that case, We have the right to suspend or terminate your Account and refuse any and all current or future use of the Website (or any portion thereof). We further reserve all legal remedies that might be at our disposal to defend our lawful interests and recover any losses caused to Us. 

USER REGISTRATION

You do not need to register to visit the Website. However, to fully participate in the Website, whether as a Merchant or a Customer, you must create an account (“Profile”) by registering with e-mail and password. Merchants will gain access to a merchant dashboard, while Customers will have access to a user interface that includes communication history and order tracking.

During the registration process, you may be asked to provide personal information. You acknowledge and agree that you are solely responsible for the accuracy and completeness of the information you provide (“User/Merchant Information”). Maintaining the confidentiality and security of your access credentials is also your responsibility. We reserve the right to remove, reclaim, or change a username you select if we determine, at our sole discretion, that such a username is inappropriate, obscene, or otherwise objectionable.

The combination of your screen name and password constitutes an electronic signature. You agree that this electronic signature is legally binding and holds the same value as a handwritten signature in your interactions with Invictus Pro or other Users.

To complete the registration process, you will receive an email at the address you provided, which will contain an activation link for your profile. Registration requires filling out an online Registration Form available on the Website. By submitting this form, you confirm that you have read these Terms and Conditions and agree to be bound by them without reservation. You also commit to providing an email address that you actually own.

If you provide false, inaccurate, or incomplete information during registration, Invictus Pro reserves the right to suspend or terminate your account and refuse access to all or part of the Website in the future. You agree to create only one profile associated with your email.

Your profile grants you access to your account (“Account”) and the Website’s functionalities as established and maintained by Invictus Pro. These functionalities may change from time to time at our sole discretion.

You must never use another user’s profile without permission. When creating your profile, you must provide accurate and complete information. You are solely responsible for all activity that occurs under your profile, and you must keep your password secure. You must notify Invictus Pro immediately of any security breach or unauthorized use of your profile. While Invictus Pro is not liable for your losses due to unauthorized use of your profile, you may be held liable for losses incurred by Invictus Pro or others as a result of such unauthorized use.

RIGHTS AND OBLIGATIONS OF THE MERCHANTS

By registering as a Merchant on the Website, you agree to the following terms and conditions governing your use of the Website to sell goods and services to end-Customers. These terms are designed to protect the integrity of the Website and ensure a safe, lawful, and transparent environment for all users.

1. Compliance with Laws and Regulations

• Legal Compliance: As a Merchant, you are solely responsible for ensuring that your business, products, and services comply with all applicable local, state, national, and international laws, regulations, and standards. This includes, but is not limited to, consumer protection laws, intellectual property laws, data protection regulations, tax obligations, food product distribution, production, and import/export regulations.

• Licensing and Permits: You must obtain and maintain all necessary licenses, permits, and approvals required to legally operate your business and offer your products and services on the Website.

• Product and Service Compliance: You are responsible for ensuring that all products and services offered through the Website meet applicable safety, quality, and labeling standards, as well as any other legal requirements specific to your industry or region.

2. Accuracy and Transparency

• Product Listings: You must provide accurate, complete, and truthful descriptions of your products and services, including all relevant specifications, pricing, and terms of sale. You must ensure that your listings do not contain misleading, deceptive, or fraudulent information.

• Inventory and Availability: You are responsible for ensuring that all listed products and services are available for purchase and delivery within the timeframes stated in your listings. You must promptly update your listings to reflect any changes in availability or pricing.

• Customer Communication: You must respond promptly and professionally to any customer inquiries, complaints, or requests for support. All communications with customers must be conducted in a courteous and lawful manner.

3. Quality and Safety

• Product Quality: You must ensure that all products offered for sale are of high quality, free from defects, and suitable for their intended use. All products must be manufactured, stored, and shipped in compliance with all applicable safety standards.

• Service Quality: If you provide services, you must deliver them with due skill, care, and professionalism, in accordance with the terms agreed upon with the customer.

• Product Safety: You must ensure that all products comply with applicable safety regulations and do not pose a risk to the health or safety of consumers. Any product recalls or safety notices must be promptly communicated to affected customers and the Website.

4. Intellectual Property and Content

• Intellectual Property Rights: You must ensure that all products, services, and content you offer or upload to the Website do not infringe upon the intellectual property rights of third parties. This includes trademarks, copyrights, patents, and trade secrets.

• Content Responsibility: You are responsible for all content you upload or publish on the Website, including product descriptions, images, videos, and any other materials. You must ensure that all content is lawful, does not violate the rights of others, and does not contain offensive or inappropriate material.

• Indemnification: You agree to indemnify and hold harmless Invictus Pro, its affiliates, and its directors, officers, and employees from any claims, damages, losses, or expenses arising out of or related to any alleged infringement of intellectual property rights or other third-party claims related to your products, services, or content.

5. Customer Protection and Rights

• Refunds and Returns: You must clearly state your refund, return, and exchange policies in your product listings. These policies must comply with applicable consumer protection laws and must be honored in good faith.

• Data Privacy: You must comply with all applicable data protection and privacy laws regarding the collection, use, and storage of customer information. You must ensure that any customer data you collect through the Website is handled securely and only used for legitimate business purposes.

• Dispute Resolution: You must work diligently to resolve any disputes with customers in a fair and timely manner. You agree to cooperate with Invictus Pro in the resolution of any disputes that may arise, including providing relevant documentation or evidence upon request.

6. Website Use and Conduct

• Prohibited Activities: You must not engage in any activity that could harm the Website, its users, or Invictus Pro’s reputation. Prohibited activities include, but are not limited to, selling counterfeit goods, engaging in fraudulent activities, manipulating transactions or feedback, and violating the terms of use of the Website.

• Account Security: You are responsible for maintaining the security of your account, including your login credentials. You must immediately notify Invictus Pro of any unauthorized access or suspicious activity related to your account.

• Compliance with Website Policies: You must comply with all Website policies and guidelines, including those related to prohibited items, prohibited conduct, and acceptable use. Invictus Pro reserves the right to update these policies at any time, and you are responsible for staying informed of and adhering to any changes.

7. Liability and Indemnification

• Merchant Liability: You acknowledge that you are solely responsible for all aspects of your business, including product quality, legal compliance, and customer satisfaction. Invictus Pro disclaims all liability for any claims, losses, or damages arising from your use of the Website or your transactions with customers.

• Indemnification: You agree to indemnify and hold harmless Invictus Pro, its affiliates, and its directors, officers, and employees from any claims, damages, losses, or expenses arising out of or related to your use of the Website, your products or services, or your violation of any applicable laws or third-party rights.

8. Termination and Suspension

• Account Suspension or Termination: Invictus Pro reserves the right to suspend or terminate your account at its sole discretion, with or without notice, if you violate these terms or engage in any activity that could harm the Website or its users. In such cases, you may be prohibited from re-registering or accessing the Website in the future.

• Effect of Termination: Upon termination of your account, you must immediately cease all use of the Website and fulfil any outstanding orders or obligations to customers. Invictus Pro may retain and use your account information as necessary to comply with legal obligations or for legitimate business purposes.

RIGHTS AND OBLIGATIONS OF THE CUSTOMERS

By registering as a Customer on the Website and using the Website to purchase goods and services, you agree to the following terms and conditions. These terms are designed to ensure a safe, transparent, and fair experience for all users of the Website.

1. Account Registration and Security

• Account Creation: To access certain features of the Website, you must create a Customer account (“Account”) by providing accurate and complete information, including a valid email address. You agree to keep your account information up to date.

• Account Security: You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You must immediately notify Invictus Pro of any unauthorized use or suspected breach of your account security. You are liable for all activities conducted through your account.

• Single Account Policy: You agree to create and use only one account. Creating multiple accounts for deceptive purposes or to circumvent Website policies is prohibited.

2. Purchase and Payment

• Product Listings: You acknowledge that the products and services listed on the Website are offered by independent Merchants and not by Invictus Pro. While Invictus Pro facilitates the Website, all transactions are conducted directly between you and the Merchant.

• Payment Obligations: When you make a purchase on the Website, you agree to pay the total price for the product or service, including any applicable taxes and shipping fees, as specified at the time of purchase. All payments must be made using the methods provided by the Website.

• Virtual Currencies: Some transactions on the Website may involve virtual currencies. You acknowledge that virtual currencies are not legal tender and their value can fluctuate. You are responsible for any exchange rate differences or fees associated with virtual currency transactions.

3. Order Fulfilment and Delivery

• Order Processing: Once you place an order, the Merchant is responsible for processing and fulfilling your order within the timeframes specified in their product listing. Invictus Pro is not responsible for any delays, non-delivery, or issues with the fulfilment of orders.

• Shipping and Delivery: Shipping and delivery terms are determined by the Merchant. You should review the shipping policy of each Merchant before making a purchase. Any disputes or issues related to shipping must be resolved directly with the Merchant.

• Customs and Import Duties: If you are purchasing products for delivery to a country other than the Merchant’s location, you are responsible for any customs duties, taxes, and import regulations that may apply.

4. Returns, Refunds, and Disputes

• Returns and Refunds: Each Merchant sets their own return and refund policies, which are detailed in their product listings. You agree to review and accept these policies before making a purchase. Any requests for returns or refunds must be directed to the Merchant and handled in accordance with their policies.

• Dispute Resolution: In the event of a dispute with a Merchant, you agree to first attempt to resolve the issue directly with the Merchant. If a resolution cannot be reached, you may contact Invictus Pro for assistance, but you acknowledge that Invictus Pro is not obligated to mediate or resolve disputes between you and the Merchant.

5. Product and Service Compliance

• Product Accuracy: You acknowledge that while Invictus Pro requires Merchants to provide accurate descriptions of their products and services, the Website does not guarantee the accuracy, quality, or legality of the products and services offered. You should conduct your own due diligence before making a purchase.

• Safety and Suitability: You are responsible for ensuring that the products and services you purchase meet your needs and comply with any applicable safety standards or regulations.

6. Privacy and Data Security

• Personal Information: You agree that Invictus Pro may collect, use, and store your personal information in accordance with its Privacy Policy. This includes information related to your purchases, account activity, and interactions with the Website.

• Data Sharing with Merchants: To facilitate transactions, certain personal information may be shared with the Merchant from whom you are purchasing. Merchants are required to handle your information in accordance with applicable data protection laws, but Invictus Pro is not responsible for how Merchants use your information.

7. Prohibited Conduct

• Fraud and Misrepresentation: You must not engage in fraudulent activities, provide false or misleading information, or attempt to deceive Merchants or Invictus Pro in any way.

• Website Integrity: You must not attempt to manipulate the Website, interfere with other users, or engage in any conduct that could harm the Website’s operation or reputation.

• Respectful Interaction: All communications with Merchants and other users must be conducted in a respectful and lawful manner. Abusive, harassing, or threatening behavior will not be tolerated and may result in the suspension or termination of your account.

8. Liability and Indemnification

• Customer Liability: You acknowledge that you are responsible for your own actions and decisions when using the Website. Invictus Pro disclaims all liability for any losses or damages arising from your use of the Website or your transactions with Merchants.

• Indemnification: You agree to indemnify and hold harmless Invictus Pro, its affiliates, and its directors, officers, and employees from any claims, damages, losses, or expenses arising out of or related to your use of the Website, your interactions with Merchants, or your violation of any applicable laws or third-party rights.

9. Termination and Suspension

• Account Termination: Invictus Pro reserves the right to suspend or terminate your account at its sole discretion if you violate these terms or engage in any activity that could harm the Website or its users. In such cases, you may be prohibited from re-registering or accessing the Website in the future.

• Effect of Termination: Upon termination of your account, you will no longer have access to your account or any related services on the Website. Any outstanding obligations or transactions must be resolved directly with the affected Merchant(s).

PRODUCTS AND SERVICES

The Website facilitates access to a variety of Products and Services offered by independent Merchants. Please be aware that Invictus Pro does not sell, offer, or provide these Products or Services, nor are we a party to any transactions between you and the Merchants.

Each transaction you engage in with a Merchant on the Website is governed solely by the terms and conditions provided by that Merchant. Invictus Pro does not endorse, warrant, or guarantee the quality, legality, safety, or suitability of any Products or Services offered by Merchants.

By using the Website, you acknowledge and agree that any disputes, claims, or concerns arising out of or related to a transaction with a Merchant are to be resolved directly between you and the respective Merchant. Invictus Pro disclaims any and all liability for any losses, damages, or issues that may arise in connection with these third-party transactions. No implied warranties or guarantees of any kind are provided by Invictus Pro regarding the Products or Services listed by Merchants.

In summary, while the Website provides a Website for connecting with various Merchants, Invictus Pro’s role is strictly limited to that of an intermediary, and we assume no responsibility for the actions, omissions, or representations of any Merchant or the content they provide on the Website.

LISTING OF PRODUCTS/SERVICES

As a Merchant on the Website, you are required to adhere to the following Product Listing Terms. These terms specifically govern the creation, maintenance, and accuracy of your product and service listings on the Website.

1. Accuracy and Completeness of Listings

• Product Descriptions: Each product listing must include a detailed, accurate, and truthful description of the product or service. This includes the product’s name, brand, model, specifications, materials, condition (e.g., new or used), and any other relevant features. Descriptions must not be misleading or omit critical information that could affect a customer’s purchasing decision.

• Pricing Transparency: Prices must be clearly stated and must include all applicable charges, such as taxes, shipping fees, and any additional costs. If promotional pricing is offered, the terms and duration of the promotion must be clearly stated. Merchants are required to honor the prices listed at the time of a customer’s purchase.

• Inventory Availability: You must ensure that the products listed are available for sale and can be delivered within the specified timeframes. If a product is out of stock or no longer available, you must immediately update or remove the listing to avoid misleading customers.

• Media Representation: All images, videos, and other media used in your listings must accurately depict the actual product being offered. The use of misleading or inaccurate images, stock photos, or generic media that does not represent the product’s true condition or appearance is prohibited unless clearly labeled as such.

• Product Variants: When offering multiple variants of a product (such as different sizes, colors, or configurations), each variant must be clearly described within the same listing. Customers must be able to easily distinguish between the different options available.

2. Compliance with Laws and Intellectual Property

• Legal Compliance in Listings: Every product and service you list must comply with all applicable laws, regulations, and industry standards, including those related to product safety, labeling, and advertising. Products that do not meet these requirements must not be listed.

• Intellectual Property Rights: Your listings must not infringe upon the intellectual property rights of any third party. This includes trademarks, copyrights, patents, and trade secrets. Only genuine and legally authorized products may be listed, and any use of brand names or trademarks in your listings must be done with the proper permissions.

• Prohibited and Restricted Items: Listings must not include any products or services that are prohibited or restricted by law or by the Website’s policies. This includes counterfeit goods, illegal items, or any products that violate trade regulations. You are responsible for reviewing and adhering to the Website ‘s prohibited items policy.

3. Transparency and Customer Protection

• Warranty and Guarantee Information: If a product comes with a warranty or guarantee, this information must be clearly stated in the listing. The terms of any warranty or guarantee must be accurately described and must comply with applicable consumer protection laws.

• Return and Refund Policies: Your product listings must include a clear return and refund policy. Customers must be informed of their rights and the conditions under which returns and refunds will be processed. These policies must be fair, reasonable, and in line with legal requirements.

• Product Recalls: In the event of a product recall, you must promptly remove the affected listing from the Website and notify any customers who have purchased the product. You are responsible for managing the recall process, including any necessary communications and logistics with customers.

4. Ongoing Listing Management

• Regular Updates: You must regularly monitor and update your listings to ensure all information remains accurate and current. This includes updating prices, availability, product descriptions, and any other relevant details. Failure to maintain accurate listings may result in penalties, including the removal of your listings from the Website.

• Listing Audits: Invictus Pro may conduct periodic audits of your product listings to ensure compliance with these terms. You must cooperate with any such audits and make necessary adjustments to your listings as directed. Listings found to be non-compliant may be removed or edited by Invictus Pro without notice.

• Product Review Manipulation: You must not engage in any activities that manipulate product reviews or feedback. Soliciting fake reviews, offering incentives for positive reviews, or attempting to suppress negative feedback is strictly prohibited. All reviews must be genuine and reflect the honest opinions of customers.

5. Listing Removal and Termination

• Removal for Non-Compliance: Invictus Pro reserves the right to remove any product listing that violates these terms or any applicable laws or Website policies. Listings may also be removed if they are found to be misleading, inaccurate, or otherwise detrimental to the customer experience.

• Suspension and Termination: Repeated violations of these listing terms or failure to comply with requests to correct issues may result in the suspension or termination of your listing privileges. In such cases, you may also face restrictions on your ability to list new products or services on the Website.

PAYMENT PROCESS BETWEEN MERCHANTS AND CUSTOMERS

By using the Website as a Customer or Merchant, you agree to the following terms governing the payment process for transactions conducted on the Website. 

1. Payment Process

• Virtual Currency Payments: Transactions on the Website may be conducted using various Virtual Currencies accepted by the Website. These Virtual Currencies are digital representations of value not issued or guaranteed by any central bank or public authority.

• Automated Smart Contract Validation: Payments made by Customers are recognized and processed through automated smart contract validation. This technology ensures that transactions are executed according to pre-defined conditions and are automatically confirmed on the relevant blockchain network once those conditions are met. The transaction is considered complete only after this validation, and the funds are then credited directly to the Merchant’s wallet.

• Transaction Confirmation: Once a transaction is validated by the smart contract, it is confirmed on the blockchain. Only then is the payment recognized as complete, and the corresponding Virtual Currency is transferred to the Merchant’s wallet.

2. No Custodial Services

• Direct Transfers: The Website facilitates the transfer of Virtual Currencies directly between Customers and Merchants. The wallet where funds are received is the Merchant’s wallet, and the Website has no control or involvement in the management of these funds. At no point does the Website act as a custodian of funds for either party.

• Responsibility for Funds: Customers are responsible for ensuring the correct amount is sent and that the transaction is properly executed on the blockchain. Merchants are responsible for confirming the receipt of payments in their own wallets and ensuring their wallet security.

3. Risks and Responsibilities

• Volatility Risk: Virtual Currencies are subject to price volatility. Both Customers and Merchants acknowledge that the value of the currency may change between the time a transaction is initiated and when it is confirmed. Both parties assume the risk associated with such fluctuations.

• Fraud Prevention: The Website employs security measures to help prevent fraudulent transactions, such as fake coins or compromised payments. However, both Customers and Merchants are responsible for verifying the legitimacy of each transaction. The Website does not guarantee the authenticity of Virtual Currencies.

• Acceptance of Payment: Upon confirmation of a transaction on the blockchain, Merchants must recognize the payment as valid. Customers, in turn, should ensure they have received what was promised by the Merchant before completing a transaction.

4. Disputes and Chargebacks

• Dispute Resolution: If a dispute arises regarding a payment or transaction, both parties must first attempt to resolve the issue directly with each other. The Website may assist in the resolution process, but is not obligated to mediate or resolve disputes.

• Chargebacks and Reversals: Virtual Currencies typically do not allow for traditional chargebacks. Once a transaction is confirmed, it cannot be reversed. Both Customers and Merchants must be aware of this irreversible nature before engaging in transactions.

5. Conversion and Settlement

• Currency Conversion: If a Merchant or Customer wishes to convert received or paid Virtual Currencies into fiat currency or another Virtual Currency, this process must be managed independently, outside of the Website. Any fees, exchange rate risks, and timing issues associated with conversion are the responsibility of the party initiating the conversion.

• Settlement of Funds: The transfer of funds between Customers and Merchants is subject to the confirmation times of the relevant blockchain network. Both parties must be patient and account for potential delays due to network congestion or other factors.

6. Compliance and Reporting

• Legal Compliance: Both Customers and Merchants are responsible for ensuring that their transactions comply with all applicable laws and regulations, including tax obligations related to the use of Virtual Currencies. This may involve reporting transactions to relevant authorities and complying with anti-money laundering (AML) and know-your-customer (KYC) requirements.

• Record-Keeping: Both parties must maintain accurate records of all transactions, including payment amounts, transaction IDs, and any communications related to the transaction. These records may be needed for tax reporting, audits, or dispute resolution.

7. Limitation of Liability

• Assumption of Risk: By engaging in transactions on the Website, both Customers and Merchants acknowledge and accept the risks associated with the use of Virtual Currencies, including but not limited to volatility, fraud, and the possibility of receiving counterfeit coins.

• No Liability for Losses: The Website disclaims all liability for any losses or damages incurred as a result of using Virtual Currencies for transactions. This includes losses due to market fluctuations, fraud, or technical issues with the blockchain network.

• Indemnification: Both Customers and Merchants agree to indemnify and hold harmless the Website, its affiliates, and its directors, officers, and employees from any claims, damages, losses, or expenses arising out of or related to their use of Virtual Currencies on the Website, including any disputes or regulatory issues.

MERCHANT BILLING TERMS

As a Merchant on the Website, you agree to the following commission and billing terms for the use of the Website:

1. Commission Structure

Invictus Pro charges a commission on each product or service you sell through the Website. This commission is calculated as a percentage of the total sale price, including any applicable taxes and fees, but excluding shipping costs. The specific commission rate is determined at Invictus Pro’s sole discretion and is displayed in your Merchant dashboard.

2. Changes to Commission Rates

Invictus Pro reserves the right to change the commission rate at any time. Any changes to the commission rate will be communicated to you via email and will take effect one week after the notice is provided. Any sales made after this one-week notice period will be subject to the new commission rate.

3. Commission Calculation and Transfer

Commissions are automatically calculated based on the payments received from Customers during the week. At the end of each week, these commissions are transferred to Invictus Pro’s designated wallet. If commissions are not transferred as required, your account may be suspended, and Invictus Pro reserves the right to pursue legal action to recover any outstanding amounts.

4. Weekly Invoicing

At the beginning of each week, Invictus Pro will issue an invoice to you for the total amount of commissions collected during the previous week. This invoice will detail the transactions for which commissions were charged and will serve as your official record of the fees paid to Invictus Pro.

5. Payment Obligations

You are responsible for reviewing the weekly invoice and ensuring its accuracy. If any discrepancies are found, you must notify Invictus Pro within 1 business day of receiving the invoice. Failure to dispute an invoice within this period will be deemed acceptance of the charges.

6. Compliance and Record-Keeping

You must maintain accurate records of all transactions and commissions paid, as these records may be required for tax reporting or other legal purposes. Invictus Pro will retain records of all commission withdrawals and invoices issued, which can be accessed upon request.

PRE-ORDERS

By using the Pre-order option on the Website, both Customers and Merchants agree to the following terms. These terms govern the listing, subscription, and communication process related to Pre-orders, ensuring transparency and accuracy for all parties involved.

1. Nature of Pre-orders

• Purpose of Pre-orders: The Pre-order option allows Merchants to list details about Products or Services that require market validation before they are made available for purchase. Customers can subscribe to these Pre-orders to express their interest and indicate their willingness to purchase the Product or Service once it is validated.

• Non-binding Agreement: Subscribing to a Pre-order does not create a binding obligation on either the Customer or the Merchant. Customers are not required to purchase the Product or Service upon its validation, and Merchants are not obligated to produce or offer the Product or Service.

2. Merchant Responsibilities

• Accurate and Non-Misleading Information: Merchants must provide accurate, complete, and non-misleading information about the Product or Service listed for Pre-order. This includes, but is not limited to, the product description, potential pricing, specifications, anticipated availability date, and any other relevant details.

• Market Validation: Merchants are responsible for conducting market validation based on Customer interest expressed through Pre-orders. The decision to proceed with production or offering the Product or Service is at the Merchant’s discretion.

• Notification Upon Validation: Once the Product or Service has been validated and is ready for purchase, the Merchant will notify all subscribed Customers. After receiving this notification, Customers will be able to place an order for the Product or Service.

• Updates to Customers: Merchants must keep Customers informed about the status of the Pre-order, including any significant changes to the Product or Service details, anticipated release dates, or decisions not to proceed with the Product or Service. Communication should be timely and transparent.

3. Customer Responsibilities

• Expressing Interest: By subscribing to a Pre-order, Customers indicate their interest in the Product or Service and their willingness to consider purchasing it once it is validated. However, this expression of interest does not commit the Customer to any purchase.

• Understanding the Non-binding Nature: Customers acknowledge that subscribing to a Pre-order is not a purchase and does not guarantee the availability or production of the Product or Service. Customers are free to decide whether or not to complete a purchase once the Product or Service is validated and offered by the Merchant.

4. No Payment Required

• No Upfront Payment: Customers are not required to make any payment when subscribing to a Pre-order. Payment will only be requested if and when the Product or Service becomes available for purchase, and the Customer decides to proceed with the transaction.

5. Compliance and Accuracy

• Legal and Regulatory Compliance: Merchants must ensure that all Pre-order listings comply with applicable laws and regulations, including those related to advertising, consumer protection, and product safety. Listings should not include any false or deceptive claims.

• Record-Keeping: Both Merchants and Customers should keep records of their Pre-order interactions, including the details of the Product or Service and any communications exchanged. This information may be useful if any issues arise later in the process.

6. Dispute Resolution

• Addressing Disputes: In the event of a dispute related to a Pre-order, both parties should first attempt to resolve the issue directly through communication. The Website may offer assistance in resolving disputes but is not obligated to mediate or resolve issues.

7. Limitation of Liability

• No Guarantees or Warranties: The Website does not guarantee the production or availability of Products or Services listed as Pre-orders. Merchants are solely responsible for deciding whether to proceed based on market validation, and Customers acknowledge that Pre-orders are speculative and non-binding.

• Indemnification: Both Merchants and Customers agree to indemnify and hold harmless the Website, its affiliates, and its directors, officers, and employees from any claims, damages, losses, or expenses arising out of or related to the Pre-order process, including any disputes or regulatory issues.

LIMITATION OF LIABILITY

Invictus Pro makes no warranties or representations regarding the Products, Services, or any content available on the Website, including, but not limited to, the accuracy, reliability, completeness, timeliness, or suitability thereof. All content, including information provided by Merchants, is presented “as is,” and Invictus Pro disclaims any responsibility for verifying the truth, accuracy, or completeness of such content.

As a User, you agree that you use the Products, Services, and content at your own risk. Invictus Pro shall not be liable for any errors, mistakes, omissions, or delays in the content or data provided on the Website, nor for any interruptions in the information stream, regardless of the cause. This includes any inaccuracies in Product or Service descriptions provided by Merchants.

Invictus Pro does not warrant that the Products or Services listed on the Website will operate without errors or that the Website and any content are free of viruses, malware, or other harmful components. If your use of the Website or any content results in the need for servicing or replacing equipment or data, Invictus Pro will not be responsible for those costs.

Furthermore, Invictus Pro is not liable for any damages, including, without limitation, damage to your computer or computer system, loss of data, revenue, or profits, arising from your use of, delay in using, or inability to access the Website. This limitation of liability also applies to any issues arising from the downloading of software or content from the Website.

Invictus Pro assumes no liability for any actions or transactions between Merchants and Customers, including but not limited to, errors in transactions, fraud, or issues related to the use of Virtual Currencies. As the Website does not provide custodial services, all payments and transactions are conducted directly between Users, and Invictus Pro is not responsible for the management, security, or transfer of funds.

To the fullest extent permitted by law, Invictus Pro disclaims all warranties, express or implied, regarding the Website, Products, Services, and any content therein.

OWNERSHIP

Unless otherwise indicated in writing by Us, all content and materials on the Website, including but not limited to logos, page designs, text, graphics, pictures, information, data, software, sound files, promotional materials, and their selection and arrangement (collectively “Content”), are the proprietary property of Invictus Pro. The Website as a whole, including its “look and feel,” is also the exclusive property of Invictus Pro.

1. Ownership and Restrictions

• Invictus Pro’s Content: The Website’s logo, and any Invictus Pro Products or Services names, logos, and slogans that appear on the Website, are the exclusive property of Invictus Pro and/or Our affiliates. These may not be copied, imitated, or used, in whole or in part, without Our prior written permission.

• Merchant Content: Merchants may upload their own proprietary content to the Website, including but not limited to product descriptions, images, logos, trademarks, and promotional materials (“Merchant Content”). Merchants retain ownership of their Merchant Content. By uploading content to the Website, Merchants grant Invictus Pro a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute such content solely for the purpose of operating, promoting, and improving the Website.

• User Content Restrictions: By accepting these Terms and Conditions, you agree that you will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Website or its Content (including Merchant Content) without the explicit prior written consent of the relevant rights holder. This includes the prohibition of using any metatags or other “hidden text” utilizing the name of the Website, Invictus Pro, or its Products and Services without our explicit written permission.

2. Third-Party Software Components

Notwithstanding anything to the contrary in these Terms and Conditions, the Website may include software components provided by Invictus Pro, its affiliates, or third parties that are subject to separate license terms. In such cases, those license terms will govern the use of these software components.

3. Trademarks and Trade Dress

• Invictus Pro’s Trademarks: The “look and feel” of the Website, including page headers, custom graphics, button icons, and scripts, constitute service marks, trademarks, and/or trade dress of Invictus Pro. These elements may not be copied, imitated, or used, in whole or in part, without Our explicit prior written permission.

• Merchant Trademarks: Merchants retain the rights to their trademarks and trade dress used in connection with their products and services on the Website. Any use of Merchant trademarks by Invictus Pro will be subject to the license granted by the Merchant for purposes related to the Website’s operation and promotion.

4. Third-Party Trademarks

All other trademarks, registered trademarks, product names, and logos mentioned on the Website are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the explicit written permission of the applicable trademark holder. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Invictus Pro.

LICENCE TO ACCESS AND USE THE WEBSITE

You are hereby granted a limited, non-exclusive, non-transferable, revocable, and non-sublicensable Licence to access and use the Website and the Services provided therein. However, this Licence is subject to these Terms and Conditions and does not grant you any rights to:

(a) sell, resell, or use commercially the Website, any of its parts, or the Content therein, including Merchant Content,

(b) distribute, publicly perform, or publicly display any Content located on the Website,

(c) modify or create derivative works of the Website, its parts, or the Content therein,

(d) use any data mining, robots, or similar data gathering or extraction methods,

(e) download (other than page caching) any portion of the Website, its parts, or the Content therein, except as expressly permitted by Us, and/or

(f) use the Website for any purposes other than its intended use, including but not limited to unauthorized commercial purposes.

Termination and Monitoring of Use

You understand and agree that We reserve the right to terminate or suspend your access to all or part of the Website at Our sole discretion, with or without cause, including but not limited to any violation of these Terms and Conditions.

We also reserve the right, but are not obligated, to monitor the content of your account to ensure compliance with these Terms and Conditions, including any applicable laws, regulations, or authorized government requests. We assume no liability for any actions taken regarding transmissions, communications, or content provided by any User, Merchant, or third party.

THIRD-PARTY CONTENT AND INTERACTIONS 

We do not tolerate any behaviour and/or materials conducted on the Website that, in Our sole discretion: infringes intellectual property rights; violates the law; constitutes child pornography; or is obscene or defamatory. We intend to, in good faith, remove, disable, or restrict access to, or the availability of such, in our sole discretion, We deem infringing, racist, obscene, obscene as to minors, child pornography, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. The provisions of this section are intended to implement this policy but are not intended to impose a contractual obligation on Us to undertake or refrain from any particular course of conduct.

You are hereby granted a limited, nonexclusive, revocable, non-transferable, non-sublicensable right to create a text hyperlink to the Website for non-commercial purposes, provided that such link does not portray Us or the Website or Our affiliates or any of Our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a logo and/or any other proprietary graphic of the Website to link to the Website or the contents therein without our express written permission.

The Website may contain links to third-party websites and applications. When You click on a link to a third-party website and application, We will not warn you that you have left our Website and are subject to the terms and conditions, including privacy policies, of the respective website. Such third-party websites and applications are not under the control of the Website or its owner and as such shall not be held responsible for any damages or losses incurred by their use. We provide links to these third-party websites and applications only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to them, their products, or services. You use all links to third-party websites and applications at your own risk.

PROHIBITED ACTIVITIES

You may not access or use the Website for any purpose other than that for which We make it available. The Website may not be used in connection with any commercial endeavors except those specifically endorsed or approved by Us.

As a User of the Website, including both Customers and Merchants, you agree not to:

1. Circumvent, disable, or otherwise interfere with security-related features of the Website, the Products, and Services listed thereon, including features that prevent or restrict the use or copying of any Intellectual Property or enforce limitations on the use of the Website and/or the Intellectual Property contained therein.

2. Provide any false personal information to Invictus Pro, including but not limited to creating false identities or impersonating another person or entity.

3. Trick, defraud, or mislead Us, other users, or Merchants, especially in an attempt to obtain sensitive account information such as usernames, passwords, or payment details.

4. Make improper use of our support services or submit false reports of abuse, misconduct, or issues related to Pre-orders, Products, or Services.

5. Engage in any automated use of the Website, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

6. Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to it, including by attempting to bypass security measures designed to protect the Website.

7. Attempt to impersonate another user or person, use the username of another user, or sell or otherwise transfer your profile.

8. Restrict, discourage, or inhibit any person from using the Website, disclose personal information about a third person on the Website or obtained from the Services without the consent of that person, or collect information about Users of the Website without authorization.

9. Decipher, decompile, disassemble, prepare derivative works of, or reverse engineer any of the software comprising or in any way making up a part of the Website, or attempt to access the source code or any part of the Website not intended for your access.

10. Delete the copyright or other proprietary rights notice from any Content, including those provided by Invictus Pro or uploaded by Merchants.

11. Make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Website, or communications equipment and computers connected to the Website.

12. Copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code, except as expressly permitted by Invictus Pro.

13. Use the Website in a manner inconsistent with any applicable laws or regulations, including those related to intellectual property, privacy, and data protection.

14. Misuse the Pre-order feature by providing false expressions of interest, submitting misleading information, or otherwise manipulating the market validation process.

GENERAL ADVICE WARNING AND RISK ACKNOWLEDGEMENT

You should not act or refrain from acting solely based on the material contained on this Website. Your access to this Website does not, in itself, create an adviser-client relationship between You and Us.

As a user of the Website, You acknowledge that:

1. investment in indicators and the other options available on the Website are speculative, involve a high degree of risk, and are appropriate only for persons who can assume the risk of loss of their invested means;

2. the value of the indicators’ subjects are with high volatility;

3. guarantees of profit or freedom from loss are not included subject to his relations with Invictus Pro;

4. during times of extreme volatility, it can be difficult or impossible to execute orders made through the Website;

5. any market recommendations, signals, and information communicated by any method of communication between Invictus Pro and You do not constitute any investment advice;

6. You are solely responsible for assessing the merits and risks of any trade it may enter into with Invictus Pro whether as a result of information provided by our products or otherwise;

7. Invictus Pro makes no representations concerning the tax implications or treatment of any trade activity;

8. and consents to Invictus Pro executing orders over the counter and outside a regulated market.

BREACH OF THE TERMS

Without prejudice to Our other rights under these Terms, in case of a breach on your behalf, or if We reasonably suspect that You have breached these Terms in any way, We may:

1. send You one or more formal warnings;

2. temporarily suspend your access to our services;

3. permanently prohibit You from accessing our Website;

4. block computers/phones using your IP address/other methods from accessing the Website;

5. commence legal action against You, whether for breach of contract or otherwise; and/or

6. suspend or delete your Account altogether.

Suppose we suspend, prohibit, or block your access to our Website. In that case, You must not take any action to circumvent such suspension or prohibition, or blocking, including creating and/or using a different account without limitation.

Suppose You breach any of the terms provided herein. In that case, You acknowledge that you shall be solely responsible for any damages, losses, lost profits, or any other indemnities that third parties may have against You or Us.

ADVERTISING

By accepting these Terms, You consent to the displaying of advertising content within the Webpage. We reserve the right to choose our advertisers and the content to be displayed without providing any warranties or recommendations for the services or products advertised by third parties on the Website. Furthermore, we are not а Party to your legal relations with any advertising third – parties on the Webpage. In this regard, we encourage You to research the advertised products or services personally, and We do not bear any liability for damages or losses that the use of such might cause.

SUBMISSIONS

You acknowledge and agree that any pictures, audio, video, questions, comments, suggestions, ideas, feedback, or other information regarding the Website (“Submissions”) provided by You to Us are non-confidential and shall become our sole property. To the maximum extent permitted by the applicable law, We shall own exclusive rights, including all Intellectual Property Rights. We shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to You. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original or that you have the right to submit such Submissions. You agree there shall be no recourse against Us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Webpage may contain (or You may be sent via email) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third-Party Websites accessed through the Webpage or any Third-Party Content posted on, available through, or installed from the Webpage, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. The inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by Us. If you decide to leave the Webpage and access the Third-Party Websites or to use or install any Third-Party Content, You do so at your own risk, and You should be aware that these Terms no longer govern. You should review the applicable Terms and Conditions, including privacy and data gathering practices, of any website you navigate from the Webpage. Any purchases You make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever concerning such purchases, which are exclusively between you and the applicable Third Party. You agree and acknowledge that We do not endorse the products or services offered on Third-Party Websites, and You shall hold Us harmless from any harm caused by your purchase of such products or services. Additionally, You shall hold Us harmless from any losses sustained by You or harm caused to You relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

TERM AND TERMINATION

These Terms shall remain in full force and effect while You use the Webpage. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBPAGE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.

MODIFICATIONS AND INTERRUPTIONS

We cannot guarantee the Webpage will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Webpage, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Webpage at any time or for any reason without notice to You.

You agree that We have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Webpage during any downtime or discontinuance that may take place. Nothing in these Terms will be construed to obligate Us to maintain and support the Webpage or to supply any corrections, updates, or releases in connection therewith.

NO WARRANTIES AND GUARANTEES

To the fullest extent permitted by applicable law, Invictus Pro hereby excludes all promises, whether express or implied, including any promises that the Webpage is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the Webpage by You is in compliance with laws or that any information that You transmit in connection with this Webpage will be successfully, accurately or securely transmitted. The Webpage and the Services available through it are provided for use on an ‘AS IS’ and ‘AS AVAILABLE’ basis with no implied guarantees or warranties of any kind. You acknowledge that You use the Webpage and the Services at your own risk.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of the British Virgin Islands, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire Agreement between us regarding the use of the Webpage and supersede and replace any prior agreements the Parties might have had in this regard.

INDEMNIFICATION

You agree to defend, indemnify, and hold Us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Webpage; (2) breach of these Terms; (3) any breach of your representations and warranties outlined in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify Us, and You agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it. 

WEBSITE STABILITY AND DATA INTEGRITY

1. Website Availability and Downtime Invictus Pro endeavors to maintain the availability of the Website and ensure it operates smoothly. However, we do not guarantee uninterrupted access to the Website, and there may be times when the Website is unavailable due to maintenance, upgrades, technical issues, or circumstances beyond our control.

• Scheduled Maintenance: We will notify you of any scheduled maintenance that may affect your access to the Website, and such notice will be provided at least 24 hours in advance whenever possible. During scheduled maintenance, the Website or certain features may be temporarily unavailable.

• Unscheduled Downtime: In the event of unscheduled downtime due to technical issues or other unforeseen events, we will work diligently to restore access as quickly as possible. You acknowledge that unscheduled downtime may occur and that Invictus Pro is not liable for any losses or damages resulting from such downtime.

2. Data Integrity and Backups Invictus Pro takes reasonable measures to protect the integrity and security of data on the Website. We perform regular data backups to prevent data loss and ensure that your information is securely stored.

• Data Backups: Regular backups of the Website’s data are conducted to safeguard against data loss. In the event of a data loss incident, we will use these backups to restore the Website to its most recent stable state.

• Data Loss and Restoration: While we make every effort to ensure data integrity, you acknowledge that data loss can occur. In such cases, Invictus Pro will restore data from the most recent backup, but we do not guarantee the restoration of all data. You are responsible for maintaining your own records and backups of any critical information.

3. Communication of Technical Issues In the event of a significant technical issue affecting the Website’s operations, Invictus Pro will communicate the issue to all Users through the Website and/or email. This communication will include the nature of the issue, the expected duration, and any steps being taken to resolve it.

• Notification: You will be notified of significant technical issues within a reasonable time frame. If the issue significantly impacts your use of the Website, we may provide additional guidance or instructions to mitigate any disruptions.

4. Limitation of Liability for Technical Failures Invictus Pro is not liable for any losses, damages, or disruptions you may experience due to technical failures, including but not limited to Website downtime, data loss, or corrupted data. Your use of the Website is at your own risk, and you agree to hold Invictus Pro harmless from any claims arising from technical issues.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By visiting our Website, sending Us emails, submitting information, or completing online forms, you engage in electronic communications. You consent to receive electronic communications from Us, including those related to your activities as a Customer or Merchant on the Website. This consent includes receiving agreements, notices, disclosures, and other communications electronically via email or on the Website.

You agree that all agreements, notices, disclosures, and other communications We provide to you electronically satisfy any legal requirement that such communications be in writing. This applies to all aspects of your interaction with the Website, including the use of the Pre-order feature, transactions involving Virtual Currencies, and any communications related to your Merchant or Customer account.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, as well as to the electronic delivery of notices, policies, and records of transactions initiated or completed by Us or via the Website or email. This includes, but is not limited to, transactions, invoicing, changes to commission rates, updates on Pre-orders, and any other interactions conducted through the Website.

Furthermore, you waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature, the delivery or retention of non-electronic records, or payments or the granting of credits by any means other than electronic means. This waiver applies to all transactions and communications facilitated by the Website, including the validation of Pre-orders, handling of disputes, and any legal obligations related to your use of the Website.