Terms & Conditions

  1. Overview

 

Welcome to Influtising Ltd Website

 

These Terms of Use («Terms «) apply to your access to, and use of, any website and services of Influtising Ltd (hereinafter referred to as «Influtising «), including

 

  • com and
  • com,

 

Or other online products or services of Influtising Ltd (collectively, the «Services «). If you wish to sell any Services (defined below), you’ll have to agree to additional terms which apply to Sellers («Seller»), and if you wish to post a project as a buyer/customer to be done by a seller then you’ll have to agree to additional terms which apply to you as a buyer. If you are using the Services on behalf of any entity, you represent and warrant that you are authorised to accept these Terms on such entity’s behalf, and that such entity will be responsible to Influtising if you violate these Terms

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.


If you have any questions regarding the Services, please contact Influtising Support team by e-mailing support@instasalesgram.com

 

  1. Overview
  2. Website Disclaimer
  3. About Us
  4. Terms and Agreements
  5. Description of Services
  6. Registration and Account Sign up
  7. Order Confirmation
  8. Payments
  9. Tax Responsibility
  10. Privacy and Data Protection
  11. Service Contracts
  12. Eligibility
  13. Product Endorsement and Disclosure
  14. Seller Services Disclaimer
  15. Seller or Influencer Responsibilities
  16. Repeat Infringer Policy
  17. Copyright Complaints
  18. Applicable Copyright Laws and License
  19. User Generated Content
  20. Reservation of Rights
  21. Service Fees for Freelancers
  22. Buyers Service Fees
  23. Disputes between Buyers and Freelancer
  24. Public Discourse and Forums
  25. Confidential Information
  26. Cookies Notice
  27. Advertisements and Promotions; Third-Party Products and Services
  28. Prohibited Use
  29. Indemnification
  30. Disclaimers
  31. Limitation of Liability
  32. Application Use
  33. Influtising Escrow Services
  34. No Chargeback Policy
  35. Selection of Freelancer for a Project
  36. Disbursements and Withdrawal Requests for Freelancers
  37. Refunds
  38. User Feedback
  39. Protection of Personal Data and Confidential Information
  40. Service Amendment
  41. Residents of California
  42. Consent to Electronic Communications
  43. Children’s Privacy (COPPA)
  44. No Reliance
  45. Dispute Resolution; Binding Arbitration
  46. Arbitration Agreement and Option
  47. Waiver of Jury Trial
  48. Governing Law and Jurisdiction
  49. Termination
  50. Severability
  51. Copyright License
  52. Contact Us

 

 

  1. Website Disclaimer

 

Influtising provides the Platform to enable Freelancers and Buyers to find and transact directly with each other. Through the Site, Freelancers will be able to view Buyers project or proposal request, and Freelancers will send an offer to the Buyers for a project they seek to get done within an agreed timer frame and price; at all times, however, Freelancers are responsible for evaluating and determining the suitability of any Project, from Buyers on their own. If both a buyer and Freelancer decide to enter into a Service Contract, the Service Contract is directly between both Buyer and Freelancer and Influtising is not a party to that Service Contract. Influtising is just a facilitator between both parties, by providing a meeting point and we receive a commission for every successfully completed project

 

You acknowledge, agree, and understand that Influtising is not a party to the relationship or any dealings between Buyer and Freelancer. Without limitation, both Users are solely responsible for: (a) ensuring the accuracy and legality of any User Content; (b) determining the suitability of other Users for a Service Contract (such as any interviews, vetting, background checks, or similar actions); (c) negotiation, agreeing to, and executing any terms or conditions of Service Contracts; (d) performing Freelancer Services; or (e) paying for Freelancer Services. You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Service Contract with another User and for verifying any information about another User, including Composite Information. Influtising does not make any representations about or guarantee the truth or accuracy of any Freelancer’s or Buyer’s project offer or other User Content on the site; does not verify any feedback or information provided by Users about Freelancers or Buyers, and does not vet or otherwise perform background checks on Freelancers or Buyers. You acknowledge, agree, and understand that Influtising does not, in any way, supervise, direct, control, or evaluate Freelancers or their work and is not responsible for any Project, Project terms or Work Product. Influtising makes no representations about and does not guarantee, and you agree not to hold Influtising responsible for, the quality, safety, or legality of Freelancer Services; the qualifications, background, or identities of Users; the ability of Freelancers to deliver Freelancer Services; the ability of Buyers to pay for Freelancer Services; User Content and statements or posts made by Users; or the ability or willingness of a Buyer or Freelancer to complete a transaction.

You also acknowledge, agree, and understand that Freelancers are solely responsible for determining, and have the sole right to determine, which Projects to accept; the time, place, manner, and means of providing any Freelancer Services; the type of services they provide; and the price they charge for their services or how that pricing is determined or set.

 

  1. About Us

 

In these Terms, references to «we» or «us» are to Influtising Ltd, is a company incorporated in the United Kingdom (with business registration number/ID 12646857 ) whose registered address is at Influtising Ltd, Eagle House, 163 City Rd London EC1V 1NR

 

Influtising operates both the instasalesgram.com and Influtising.com website. This website is an Influencer website where both buyers and sellers meet to enter into a service contract.

 

  1. Terms and Engagement

 

The Agreement shall commence with effect from the Start Date. It shall continue after that until the completion of the project or the Services (whichever is later) or unless and until otherwise terminated under these terms (the Term). The User engages Influtising to perform the Services under the Agreement for the Term. The User acknowledges that Influtising may use sub-contractors and third party suppliers to provide certain elements of the Services

 

The User acknowledges that Influtising is appointed to provide the Services on a non-exclusive basis and nothing shall prevent Influtising from providing any services of the same or similar nature to the Services to any third party.

 

  1. Description of Services

 

The site is a marketplace where buyers and Freelancers can identify each other and post, buy, and sell Freelancer Services online. Subject to the Terms of Service, Influtising provides the Site Services to buyers, including freelancers and buyers on the site, facilitating the formation of Service Contracts, and assisting buyers and freelancers in resolving disputes which may arise in connection with those Service Contracts. When a buyer enters a Service Contract with a freelancer actualise a project, the Buyer uses the site to invoice and pay any amounts owed under the Service Contract

 

  1. Registration and Account Sign up

 

Some portions of the website may require you to create a login or sign-up for an account to use the services. You must complete the registration process by providing us with your complete, current, truthful, & accurate information as prompted by us. Where required, Influtising may also provide you with a username and password. By signing up as a influencers/sellers, you agree to have your profile data available for search via a custom made data tools available on Influtising website so buyers can see more about your Service and qualities such as number of followers, average likes, engagement rate, paid post-performance, followers credibility, location of followers, interests of followers, gender split, etc

 

You are responsible for maintaining the confidentiality of your password and account credentials and for all activities that occur under your account. You agree to notify Influtising immediately of any unauthorised use of your account or any other breach of security. Influtising will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Influtising or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. Companies may register via the Platform but may only have one user account. If you are registering on behalf of your company, you represent and warrant that you are authorised by your company to create an account on your company’s behalf. Influtising has the sole discretion in granting or denying any accounts.

 

  1. Order Confirmation

 

The Seller Services are not confirmed until buyer place an order for a seller services on the chosen seller profile, or Buyer will receive a custom order request (the «Order») from the Seller. All orders are subject to additional terms and conditions of the Seller as listed by the Seller in the order invoice. Buyer may list dates and timeline delivery for the Seller Services to be provided for each Order or other relevant information. Influtising is not responsible for any Orders or the delivery of any Seller Services

 

  1. Payments

 

To purchase any Seller Services buyer may be required to pay a fee as listed on the Platform by the Seller. Seller shall receive all such fees minus any fees deducted by Influtising. If you wish to purchase anything from our Platform, you agree that we may charge your payment method service fee and you agree to pay the fee listed on the Platform. Your credit card information or other payment methods will be processed for this fee. All payment information is hosted on PCI/DSS compliant services.

 

  1. Tax Responsibility

 

If you use this website and Service, you acknowledge and agree that as a Freelancer you are solely responsible for all tax liability associated with payments received from Buyers or orders and through Influtising, and that Influtising will not withhold any taxes payments to Freelancer

 

  1. Privacy and Data Protection

 

Our Privacy policy explains how we treat your data. By using the Services, you agree to our privacy policies and that we can use your information under our privacy policies. By using and benefitting from Influtising’ Services, you recognise that personalisation lies at the core of many of our services. We can only provide many of these Services by using your data to provide personalised content and ads. Please visit our Privacy policy to learn more about personalisation.

 

  1. Service Contracts

 

If a Buyer and Freelancer decide to enter into a Service Contract, the Service Contract is a contractual relationship directly between the Buyer and Freelancer. Buyer and Freelancer have complete discretion concerning whether to enter into a Service Contract with each other and about the terms of any Service Contract. You acknowledge, agree, and understand that Influtising is not a party to any Service Contract, that the formation of a Service Contract between Users will not, under any circumstance, create an employment or other service relationship between Influtising and any User or a partnership or joint venture between Influtising and any User.

Concerning any Service Contract, Buyers and Freelancers may enter into any written agreements that they deem appropriate (e.g., confidentiality agreements, invention assignment agreements, assignment of rights, etc.) provided that any such agreements do not conflict with, narrow, or expand Influtising’s rights and obligations under the Terms of Service, including this Agreement and the applicable Resolution Centre.

 

  1. Eligibility

 

You must be at least 18 years of age to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

 

  1. Product Endorsement and Disclosure

 

Influencers/sellers agree to disclose any sponsorships, free products before posting on the Influtising website and Service. They have to disclose any time they are endorsing a product because of a paid partnership or personal affiliation with the brand.

 

  1. Seller Services Disclaimer

 

INFLUTISING EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF THE ACTIVITIES OF ANY SELLERS AND ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY SELLER SERVICES. YOU, AT THIS MOMENT, ACKNOWLEDGE AND AGREE THAT INFLUTISING MAY PROVIDE INFORMATION ABOUT A SELLER, BASED ON LOCATION, FEATURES OR RELEVANCY. HOWEVER, SUCH INFORMATION IS BASED SOLELY ON DATA THAT IS SUBMITTED BY THE SELLER, AND INFLUTISING PROVIDES SUCH INFORMATION SOLELY FOR THE CONVENIENCE OF ALL USERS AND IS NOT AN INTRODUCTION, ENDORSEMENT, OR RECOMMENDATION BY INFLUTISING. All Seller Services are sold on an «as is» basis. User releases Influtising from any liability associated with User’s use of the Platform or purchase of any Seller Services.

 

Influtising is not a party to any contracts between users and Sellers. Additionally, Influtising does not control or direct the Seller or the Seller Services, including but not limited to the delivery date, performance, or quality. Influtising does not introduce users to Sellers. Influtising merely makes the Platform available to enable Sellers to identify and determine the suitability of users for themselves and to enable users to identify and determine the suitability of Sellers for themselves. Any opinions, advice, or information expressed by any Seller are those of the individual and the individual alone, and they do not reflect the opinions of Influtising. Influtising does not direct, is not an employer, has no control over, makes no representations, and does not guarantee the quality, safety or legality of any Seller Services provided by Seller.

 

  1. Seller or Influencer Responsibilities

 

After properly registering for the Platform, we grant you a personal, non-exclusive, fully revocable, non-assignable, non-transferable, limited right to use and access our Platform as permitted by us. As a user, you do not receive any ownership interest in the Platform; you merely receive the right to use and access the Platform as provided by us. All rights not explicitly granted are reserved for Influtising. You agree to abide by the following restrictions listed below:

 

  • Users may not offer or accept payments using any method other than placing an order through Influtising.com.
  • Sellers must fulfill their orders, and may not cancel orders regularly or without cause. Canceling orders will affect sellers’ reputation and status.
  • You may not exchange any contact details with advertisers/buyers or any other means of communication
  • Sellers should not advertise illegal goods, drugs, child pornography, fake goods, pharmacy, financial scams, gambling directly or indirectly
  • Sellers contents must not violate Copyright Laws
  •  
  • All communication and transaction must be carried out on Influtising Ltd website
  • You may not share your license with any other parties unless permitted by us in writing.
  • You may not violate any laws, rules, or procedures of the United States.
  • You may not violate any of our additional policies.
  • You may not use our Platform except through specific channels provided by us.
  • You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission-critical applications where life or property may be at stake.
  • You may not sell, lease, loan, distribute, transfer, or sublicense the Platform unless provided by us.

 

Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license to use our Platform, at our discretion. Additionally, we may revoke or restrict your access to our Platform if we believe that your actions may harm or have harmed Influtising or the Platform itself. Failure by us to revoke your access does not act as a waiver of your conduct.

 

  1. Repeat Infringer Policy

 

Following the Digital Millennium Copyright Act («DMCA») and other applicable law, Influtising has adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. Influtising may also, in our sole discretion, limit access to the Services if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

  1. Copyright Complaints

 

If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

 

Name of Designated Agent:
Address:

Telephone Number:
Fax Number:

E-Mail Address: 

 

You should note that if you knowingly misrepresent in your notification that the Material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the Material or activity claimed to be infringing.

 

  1. Applicable Copyright Laws and License

 

This site, including all content, is protected by applicable copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this site and to prevent any unauthorized copying of the content. Except as expressly provided herein, Instasalesgram.com and Influtising.com do not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of Instasalesgram.com and Influtising.com or its affiliates.

 

  1. User-Generated Content

 

Influtising users may post, upload, or contribute («post») content to the Service, including pictures, text, and product compilations («User Content»). You represent that you have the right to post any User Content which you post to the Service and that such User Content, or its use by us as contemplated by this Agreement, does not violate these Agreements, applicable law, or the intellectual property rights of others. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with Influtising. This license lasts until you terminate your Influtising account, except in the case of User Content that you have published, made public, or share with others. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the Influtising Service, except that, where applicable under Local Country law, you agree to waive your right to be identified as the author of any User Content on the Influtising Service and your right to object to derogatory treatment of such User Content.

 

Influtising does not monitor, review, or edit User Content, but reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Influtising’s sole discretion, violates these Agreements. Influtising may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

 

Influtising is not responsible for User Content, nor does it endorse any opinion contained in User Content. If you believe that any User Content infringes your intellectual property rights, please click here, or if you believe that any User Content does not comply with these terms or that your rights under applicable law have been otherwise infringed, please contact us

 

  1. Service Fees for Freelancers

 

Freelancers will pay Influtising a service fee for the use of the Website and Services for using the Site Services, including the communication, invoicing, reporting, dispute resolution, and payment services. Each Gig you sell, and complete accredits your Influtising account with net revenue of 80% of the purchase amount.

 

  1. Buyer Service Fees

 

Buyers will pay Influtising a fee for payment processing and administration related to the Freelancer Fees they pay to Freelancers they engage through the site,

 

  1. Disputes Among Buyers and Freelancers

 

For disputes arising between Buyers and Freelancers, you agree to abide by the dispute process that is described in the Resolution Centre that applies to your particular Service Contract. If the Resolution Centre does not resolve your dispute, you may send us a message to our customer support team.

 

  1. Public Discourse and Forums

 

The Service may include various public forums, chat rooms, community pages, comments or chat features, or other forums («Forums») where you can post User Content, including, but not limited to, your observations and comments on designated topics and others’ User Content. Influtising cannot guarantee that other Users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential or do not want others to use, do not post it publicly on the Service. When you disclose information or rely on any information in the Forums, you do so at your own risk.

 

Influtising reserves the right to, but has no obligation to, monitor the Forums, or any postings or other materials that you or other users transmit or post on the Forums, to alter or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party to operate the Service properly or to comply with legal obligations or governmental requests. Furthermore, you acknowledge that a large volume of information is available in these Forums and that people participating in such Forums may occasionally post a message or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. Influtising neither endorses nor is responsible for such messages or statements, or any opinion, advice, information or other utterance made or displayed in the Forums by you or the other users.

 

The opinions expressed in the Forums reflect the opinions of you solely or the other users and may not reflect the opinions of Influtising Ltd. Instasalesgram.com and Influtising.com is not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the Forums. Under no circumstances will Instasalesgram.com and Influtising.com be liable for any loss or damage caused by your reliance on the information in the Forums or posted User Content or your use of the Forums or User Content. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT IN THESE TERMS

 

  1. Confidential Information

 

To the extent a User provides Confidential Information to the other, the recipient agrees to protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its Confidential Information, but in no event with less than due care. On a User’s written request, the party that received Confidential Information will promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control.

 

  1. Cookies Notice

 

Our Sites use cookies. Our cookies do not contain any personally identifiable information, but without them, some elements of our Sites may not function correctly. Cookies are a standard feature of modern web browsers. They are small files that are stored in your web browser and used to make a website and Apps work efficiently.

 

Some of the cookies we use are essential for our Sites to function correctly. Other cookies may be used to personalize your online experience, track your journey through our site (so that we can maximize your experience and help us understand how we can improve it) or analyses the success of promotions. Other cookies may be from third parties such as social networking sites, affiliates, or partners. For more information about our cookies policy, please visit our cookies policy page.

 

  1. Advertisements, Promotions; Third-Party Products and Services

 

Influtising may run advertisements and promotions from third parties on the website and App or may otherwise provide information about or links to third-party products or services on the website and App. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Influtising is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of non-Influtising advertisements or other third party information on the Services.

 

  1. Prohibited Use

 

The Services may include interactive areas where you or other users can create, post or store content, messages, materials, data, information, text, music, sound, photos, videos, graphics, applications, code or other items or materials on the Services (collectively, «User Content»). You are solely responsible for your use of such interactive areas and agree that you use them at your own risk. You further agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Services any of the following:

 

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • Loss or misuse of the login details or abuse of the Platform must be reported to Influtising immediately. Influtising is not liable for (the consequences of) loss of login details or the misuse of login details of the Customer by a third party.
  • Should a user wish to stop paying for the premium feature, perhaps wish to delete their Influtising account or unsubscribe, the User must delete their documents, or else Influtising will delete all of their data and documents after three months.
  • User 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
  • By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • The User is obliged to keep his current (digital) copy of all information, data and content that the User provides to Influtising under the terms of the execution of the Agreement, whether or not via the Platform
  • Influtising will not compensate anyone if their files are lost due to technical problems or miss-use of their user account. The User must ensure to save copies of their documents on their computer, after every session.
  • Unsolicited promotions, political campaigning, advertising or solicitations;
  • Viruses, corrupted data or other harmful, disruptive or destructive files; and
  • User Content that, in the sole judgment of Influtising, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Influtising or our users to any harm or liability of any type.
  • The use of the Platform by the User and Content he uploads and downloads may not infringe the rights, good name and interests of Influtising or third parties, including but not limited to intellectual property rights and rights relating to the protection of personal data.
  • The content uploaded by the User must be provided in a manner and a format as indicated by Influtising.
  • The content uploaded by the User is owned and remains the property of the User.

 

Except as otherwise provided herein, on the Services or in a separate agreement (such as the rules of an Influtising promotion), Influtising claims no ownership or control over any User Content. However, by submitting or posting User Content to the Services, you grant Influtising a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Services and third-party sites. We will contact you directly to obtain permission before we use your User Content for our commercial purposes unless you expressly grant these rights to Influtising at the time you post or submit such content.

 

You represent and warrant that (a) you own and control all of the rights to the User Content that you post, or you otherwise have the right to post such User Content to the Services; (b) the User Content is accurate and not misleading, and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

 

  1. Indemnification

 

You agree to defend, indemnify and hold harmless Influtising, our independent contractors, service Influtisings and consultants, and their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Services; (b) any User Content or Submissions you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services.

 

  1. Disclaimers

 

You acknowledge that any use of or reliance on this site or any content shall be at your sole risk. Instasalesgram.com and Influtising.com make no representation or warranty of any kind regarding the site or the content, including concerning the information provided by third party legal and other consultants, all of which are provided on an «AS IS» basis. INSTASALESGRAM.COM AND INFLUTISING.COM EXPRESSLY disclaim ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. INFLUTISING DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE.

 

User authentication on the internet is difficult. Consequently, Instasalesgram.com and Influtising.com cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on this site if you have a dispute with one or more users, you release Instasalesgram.com and Influtising.com (and our agents and employees) from all claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Instasalesgram.com and Influtising.com are under no legal obligation to, and generally do not, control the materials provided by third parties, which is made available through the site. By its very nature, other people’s information may be offensive, harmful, or inaccurate, and in some cases will be mislabelled or deceptively labeled. Instasalesgram.com and Influtising.com do not guarantee and make no representations or warranties as to the truthfulness, accuracy, reliability, currency, integrity, or completeness of the content or about the results to be obtained using the content. The use of the site and the content is at your own risk. Changes are periodically made to the site and may be made at any time.

 

This site contains materials, data, and information which is provided, posted, or offered by third parties. You agree that Instasalesgram.com and Influtising.com shall have no liability whatsoever for any such third-party material, data, or information.

 

  1. Limitation of Liability

 

YOU AGREE THAT INSTASALESGRAM.COM AND INFLUTISING.COM AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE AND APP OF A THIRD PARTY, EVEN IF INSTASALESGRAM.COM AND INFLUTISING.COM, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

 

The limitations of liability and disclaimers in these Terms apply regardless of the form of action, whether in contract, warranty, civil liability, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of the contract or the failure of an exclusive remedy.

 

  1. Influtising Escrow Services

 

Influtising provides escrow services to Buyers and Freelancers to deliver, hold, or receive payment for a Project, and to pay fees to Influtising («Escrow Services»). The Escrow Services are intended for business use, and you agree to use the Escrow Services only for business purposes and not for consumer, personal, family, or household purposes.

 

Influtising Escrow services are solely to accept payments (via its Payment Services Provider, if applicable) from Buyer, and remit those payments to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Influtising (or its Payment Services Provider, as applicable), and Influtising (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. If Influtising (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Influtising and not the Buyer directly.

 

  1. No Chargeback Policy

 

Buyer agrees that the Terms of Service provide a dispute resolution process as a way for Buyers to resolve disputes with Freelancers. To the extent permitted by applicable law, the Buyer, therefore, agrees not to ask its credit card company, bank, or other Payment Method provider to charge back any Freelancer Fees or order fees charged under the Terms of Service for any reason. A chargeback in breach of the preceding obligation is a material breach of the Terms of Service. If the Buyer initiates a chargeback in violation of this Agreement, the Buyer agrees that Influtising or its Affiliates may dispute or appeal the chargeback and institute collection action against the Buyer and take such other action it deems appropriate.

 

  1. Selection of Freelancer for a Project

 

The Buyer is solely responsible for and has complete discretion concerning the selection of any Freelancer for any Project. The Buyer is solely responsible for and assumes all liability for determining whether Freelancers should be engaged as independent contractors or employees of Buyer and engaging them accordingly. Buyer warrants its decisions regarding selection are correct, and its manner of engaging Freelancers complies with applicable laws, regulations, and rules of Influtising Ltd. Influtising will have no input into, or involvement in, worker classification as between Buyer and Freelancer and Users agree that Influtising has no involvement in and will have no liability arising from or relating to the classification of a Freelancer generally or concerning a particular Project.

 

  1. Disbursements and Withdrawal Requests for Freelancers

 

Under the relevant withdrawal Instructions from the Freelancers, Influtising Escrow will disburse funds that are available in the applicable Freelancer Escrow Account and payable to a Freelancer upon Freelancer’s request. A Freelancer can request disbursement of available funds any time on a 24 hours basis.

 

  1. Refunds

 

We want you to be satisfied with any Services purchased via the Platform. All Orders made by a buyer shall only be refunded if such Order has not been fulfilled by the Seller. Before any Order can be refunded for any Seller Services, the Buyer must first attempt to contact the Seller for a resolution. If the Seller fails to respond or does not deliver the Order as promised to the Buyer, the Buyer may then initiate a refund request by contacting Influtising. Please be aware that refunds can only be given for unfulfilled orders, and no refunds will be issued for any other reason. All refunds are issued at the sole discretion of Influtising. If you wish to request a refund or have an issue with any account billing, please contact us at support@Influtising.com

 

  1. User Feedback

 

Influtising enables you to generate ratings and reviews, photos, videos, or other Content about services and products on the website and App («Feedback»). Feedback is intended to enable other users to get a meaningful picture of the website and App service. Feedback may only contain truthful information. Feedback must be under the law and may not violate the rights of third parties, in particular personal rights, trademark rights or copyrights, as well as data protection regulations. You agree:

  • to base any rating or review, you post only on your first-hand experience with the applicable business, product, or Service;
  • you will not provide a rating or review for any business, product, or Service concerning which you have a competitive, ownership or other economic interest, employment relationship or other affiliation;
  • you will prominently indicate if your review was sponsored or paid for in any way; and
  • your review will comply with these Terms.

 

  1. Protection of Personal Data and Confidential Information 

 

Influtising may process personal data of or provide by the User under the terms of the Agreement. Personal data will be processed under applicable laws and regulations, following Influtising’s Privacy Policy, which the User agrees to upon the conclusion of the Agreement.

 

  1. The User declares and guarantees that he is authorized to provide and process the personal data as referred to in these terms to Influtising concerning the performance of the Agreement.
  2. The User retains, as far as applicable, the title to the personal data provided to Influtising.
  3. The User fully indemnifies Influtising against all third-party claims, which arise in any way from or are related to the processing of personal data by Influtising via the Platform or the Services, or by the third party providing services to Influtising in this respect

 

  1. Service Amendment

 

Influtising reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions thereof, without prior notice. You agree that Influtising will not be liable for any modification, suspension or discontinuance of the Services, or any part thereof.

 

  1. Residents of California

 

If you are a resident of California, you have certain rights and protections under the California Consumer Privacy Act («CCPA«). Please see our California Consumer Privacy Acts page for more information about your rights.

 

  1. Consent to Electronic Communications

 

For contractual purposes, you (1) consent to receive communications from Influtising in an electronic form such as e-mail, to provide special deals, and promotion; (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Influtising provides to you electronically via e-mail satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

 

  1. Children’s Privacy (COPPA)

 

Influtising respects the privacy of children, and we are committed to complying with the Children’s Online Privacy Protection Act (COPPA). This Children’s Privacy Policy describes our practices concerning the collection of personal information from children under the age of 18. This site does not knowingly collect, use, or disclose personal information from children under the age of 18 without prior parental consent, or do we provide Influtising services to children under 18 years of age except as permitted by COPPA. However, we may provide our Service to children under 18 years of age but in the supervision of a parental guardian.

 

  1. No Reliance

 

You should not solely rely on the Material but should instead seek other opinions before taking or failing to take any action, which could lead to injury, harm, death, or damage of any kind.

 

  1. Dispute Resolution; Binding Arbitration

 

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Influtising and limits how you can seek relief from us unless you opt-out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. Also, arbitration precludes you from suing in court or having a jury trial.

 

  1. Arbitration Agreement and Option

 

For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than £10,000, the party requesting relief may elect to resolve the dispute cost-effectively through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution («ADR») provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:

  • The arbitration shall be conducted by telephone, online or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration;
  • The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
  • Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

 

  1. Waiver of Jury Trial

 

YOU AT THIS MOMENT KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED NOW

 

  1. Governing Law and Jurisdiction

 

These terms and conditions shall be governed and construed in all respects by the laws of England and Wales and the European Union GDPR. You agree that any claim or dispute you may have against must be resolved by arbitration. You and Influtising both agree to submit to the non-exclusive jurisdiction England Courts; for claims falling within the United Kingdom jurisdiction, you and Influtising both agree to submit to the jurisdiction of the laws of England and Wales.

 

Any dispute arising from these Terms and your use of the Services will be subject to arbitration without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, hence it will be resolved by arbitration.

 

  1. Termination

 

Influtising reserves the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent your future access to, and use of, the Services.

 

  1. Severability

 

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

  1. Copyright License

 

Copyright (c) 2020 (s) Influtising Ltd website. Subject to the express provisions of these terms and conditions:

 

  1. We, together with our licensors, own and control all the copyright and other intellectual property rights in Influtising website and the Material on our website; and
  2. All the copyright and other intellectual property rights in Influtising website and the Material on our website are reserved.

 

  1. Contact Us

 

If you have any questions about these Terms & condition, please contact us at E-mail: support@instasalesgram.com

 

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