These Terms & Conditions (the “Terms”) govern your access to and use of the website invictusimc.com and all related pages, accounts and services (together, the “Platform”). The Platform is operated by SKYLabs India Private Limited, a company incorporated under the Companies Act, 2013 and operating the brand “Invictus IMC” (“Invictus”, “we”, “us”, “our”). By creating an account, submitting an order or bid, making a payment, or otherwise using the Platform, you agree to be bound by these Terms, our Privacy Policy, our Cancellation & Refund Policy and our Pricing page, all of which form part of this agreement. If you do not agree, do not use the Platform.
1. Definitions
- Buyer means a business that registers on the Platform to submit a manufacturing requirement.
- Manufacturer means a business that registers on the Platform to view manufacturing orders and submit bids.
- Order means a manufacturing requirement (including drawings, quantities, materials and specifications) submitted by a Buyer or listed by Invictus.
- Bid means a price and supply proposal submitted by a Manufacturer against an Order.
- Bid Fee and Order Fee mean the fees, if any, charged by Invictus for submitting a new Bid or a new Order, as published on our Pricing page and shown at checkout.
- User means any Buyer, Manufacturer or visitor using the Platform.
2. Nature of the service
Invictus IMC is a managed manufacturing platform operating on a principal model. It is not an open marketplace or a directory. Invictus sources, evaluates and manages Manufacturers for Buyer requirements and is the contracting counterparty in resulting transactions, unless a separate written agreement states otherwise.
- Buyers and Manufacturers do not deal with each other directly through the Platform. Communication about Orders and Bids is routed through Invictus. We do not disclose a Buyer’s contact details to Manufacturers, or a Manufacturer’s contact details to Buyers, unless the relevant party has agreed in writing.
- Submitting an Order or a Bid does not create a contract of supply. A binding commercial relationship arises only when Invictus confirms an award, purchase order or written agreement.
- Invictus may publish, edit, decline, pause, close or remove any Order or Bid at its sole discretion, including to protect quality, confidentiality or legality.
3. Eligibility and accounts
- The Platform is for business use only and is open to persons who are at least 18 years old and legally competent to contract on behalf of a registered or lawfully operating business.
- You must provide accurate, complete and current information (including company name, mobile number and email) and keep it updated. We may suspend accounts with false or misleading information.
- You are responsible for keeping your login credentials confidential and for all activity under your account. Notify us immediately at connect@invictusimc.com of any unauthorised use.
- One business should maintain one account per role. The same person may hold both a Buyer account and a Manufacturer account.
4. Terms for Buyers
- Review. Orders submitted by Buyers are reviewed by Invictus before being published. Invictus may request changes, decline an Order, or edit its presentation. Editing a published Order may return it to review.
- Accuracy. You are responsible for the accuracy of drawings, specifications, quantities and any statutory or quality requirements you provide, and you confirm you have the right to share them.
- Bids and awards. You may review Bid summaries made available to you, stop or reopen bidding, and set an optional bid deadline. Invictus is not obliged to award any Order, and submitting an Order does not guarantee that any Manufacturer will bid.
- Commercial terms. Price, lead time, quality, inspection, payment and delivery terms for production are governed by a separate quotation, purchase order or agreement with Invictus.
5. Terms for Manufacturers
- Bids are offers. A Bid you submit is a genuine offer that you are capable of fulfilling at the stated price, quantity and conditions. You must not submit Bids you cannot perform, or provide false information about capabilities, certifications, capacity or experience.
- No obligation to award. Invictus may shortlist, award, reject or ignore any Bid at its sole discretion. Lowest price does not guarantee an award. Invictus is not obliged to give reasons.
- Award. An award is effective only when confirmed by Invictus in writing (including by email or the Platform). After an award you agree to perform in line with the agreed specification, quality plan, timelines and any separate supply agreement.
- Editing bids. You may edit a Bid you have already submitted, without any further Bid Fee, until the Order is closed or awarded.
- Non-circumvention. You agree not to contact, solicit or contract directly with a Buyer introduced to you through the Platform, or with any end customer identified through an Order, for the subject matter of that Order or any repeat or similar requirement, for 24 months from the date you first saw that Order, other than through Invictus. You also agree not to disclose Order details to third parties.
6. Fees and payments
- Fees. Using the Platform is free except where we charge a Bid Fee or an Order Fee. Fees are set by Invictus, may differ by User and by how many Bids or Orders you have submitted, and may be changed at any time for future actions. The fee applicable to you is shown before you pay; no fee is charged without your completing the payment.
- What a fee is for. A fee is charged for the service of listing, processing and presenting your Bid or Order on the Platform. It is not a deposit, a purchase price, or a guarantee of award, selection, volume or revenue.
- Payment method. Payments are processed by Razorpay Software Private Limited (“Razorpay”), an RBI-authorised payment aggregator, using UPI, cards, net banking or other methods it offers. We do not see or store your card, UPI PIN or bank login credentials. Razorpay’s own terms and privacy policy apply to the payment step.
- Taxes. Applicable taxes, including GST where chargeable, are shown at checkout or on the Pricing page. You are responsible for your own tax obligations.
- Refunds. Fees are non-refundable except as set out in our Cancellation & Refund Policy.
- Failed or disputed payments. If a payment fails, your Bid or Order is not submitted. If you initiate a chargeback or payment reversal for a fee that was validly charged, we may suspend your account and recover the amount and related costs.
7. Acceptable use
You must not: (a) provide false, misleading or fraudulent information, Orders or Bids; (b) submit Orders or Bids intended to extract competitors’ pricing or to disrupt the Platform; (c) upload malicious code or attempt to gain unauthorised access to any account, data or system; (d) scrape, copy or republish Order listings or drawings except as permitted; (e) circumvent fees, payment checks or the limits in these Terms; (f) infringe any intellectual property, confidentiality or privacy right; (g) use the Platform for any unlawful purpose, including the manufacture of prohibited, controlled or unsafe goods; or (h) harass or abuse Invictus staff or other Users.
8. Intellectual property and confidentiality
- The Platform, its design, software, text and trademarks (including “Invictus IMC”) belong to Invictus or its licensors. You receive a limited, revocable, non-transferable licence to use the Platform for its intended purpose.
- Buyers retain ownership of their drawings, specifications and designs. Buyers grant Invictus a licence to use, reproduce and display them to qualified Manufacturers and for operating the Platform and fulfilling Orders.
- Manufacturers must treat all Order information, drawings and specifications as confidential, use them only to prepare a Bid or perform an awarded Order, and not copy, retain or disclose them otherwise. This obligation survives termination.
9. Quality, compliance and performance
Where Invictus awards an Order, the Manufacturer is responsible for compliance with the agreed specification, applicable standards, safety, environmental, labour and tax laws, and for the quality of goods supplied. Invictus may inspect, reject or require rework of non-conforming goods in accordance with the applicable purchase order or agreement.
10. Disclaimers
The Platform and all content are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Invictus disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be uninterrupted or error-free, that any Order will receive Bids, that any Bid will be awarded, or that information provided by Users is accurate. Order volumes, indicative demand and market information are illustrative and not commitments.
11. Limitation of liability
To the fullest extent permitted by law, Invictus will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profit, revenue, business, goodwill or data, arising from your use of the Platform. Our total aggregate liability for any claim relating to the Platform or these Terms will not exceed the total fees you paid to Invictus through the Platform in the three (3) months before the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded under applicable law.
12. Indemnity
You will indemnify and hold harmless Invictus, its directors, employees and affiliates against all claims, losses, liabilities and expenses (including reasonable legal fees) arising from your breach of these Terms, your Orders or Bids (including any claim that your drawings or designs infringe third-party rights), your violation of law, or your breach of confidentiality or non-circumvention obligations.
13. Suspension and termination
We may suspend or terminate your access, remove content, close Orders or cancel Bids at any time if we believe you have breached these Terms, pose a risk to the Platform or other Users, or where required by law. You may close your account by writing to connect@invictusimc.com. Termination does not entitle you to a refund of fees already charged, except as stated in the Cancellation & Refund Policy. Sections that by their nature should survive (including confidentiality, non-circumvention, intellectual property, indemnity, limitation of liability and governing law) will survive.
14. Communications and electronic records
You consent to receive communications from us by email, SMS, WhatsApp, phone and in-Platform messages for account, Order, Bid, payment and service purposes. These Terms and all notices are electronic records under the Information Technology Act, 2000 and do not require a physical signature.
15. Third-party services
The Platform relies on third-party services for payments (Razorpay), hosting and database services, and email and messaging. We are not responsible for the acts, omissions or downtime of third parties, but we will take reasonable steps to help resolve payment issues you report to us.
16. Force majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, epidemics, government action, strikes, power or network failures, or failures of third-party payment or hosting providers.
17. Changes to these Terms
We may update these Terms from time to time. The updated version will be posted on this page with a new “last updated” date. Continued use of the Platform after changes take effect means you accept them. Changes to fees apply only to actions taken after the change.
18. Governing law and disputes
These Terms are governed by the laws of India. The parties will first try to resolve any dispute in good faith by written notice to connect@invictusimc.com. Failing resolution within 30 days, the courts at Bengaluru, Karnataka will have exclusive jurisdiction.
19. General
These Terms, together with the policies referred to above, are the entire agreement between you and Invictus about the Platform. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a right is not a waiver. You may not assign these Terms without our written consent; we may assign them to an affiliate or successor.
20. Grievance officer and contact
In accordance with the Information Technology Act, 2000 and the rules made under it, grievances may be sent to our Grievance Officer: [GRIEVANCE OFFICER NAME — to be filled], SKYLabs India Private Limited, [REGISTERED OFFICE ADDRESS — to be filled]. Email: connect@invictusimc.com. We aim to acknowledge complaints within 48 hours and resolve them within 30 days. See also our Contact Us page.