Please read the Terms of Use carefully, as it will outline, and your rights with respect to Incept and your use of the Services. If you do not agree to our Terms of Use or the Privacy Policy, you must not access or use the Services.
In these Terms of Use, the terms “we,” “us” or “our” refer to Incept Technologies Limited and our subsidiaries, and “you” and “your” refer to the individual using the Service and, if you are using the Service on behalf of a legal entity, such entity.
The terms of use constitute a legally binding agreement between yourself and Incept Technologies Limited (“Incept”) and our subsidiaries, and together with any referenced documents, govern your:
as either a guest or a registered user.
We reserve the right to amend these Terms of Use from time to time. We will notify you when such amendments occur by means of the Services, and you will be bound by said terms when you next access any of the Services.
Use of any of the Services will constitute acceptance without modification of all of the terms and conditions contained in these Terms of Use, Privacy Policy, and other operating rules that may be published from time to time on any of the Services, in any form, by Incept.
The Terms of Use may be revised and updated from time to time at our discretion. The changes we post take effect immediately. You acknowledge and agree to the revised Terms of Use by continuing to use the Website after the revised Terms of Use are posted. As you are bound by any changes, you should check this page periodically to stay up to date.
Incept may, at any time, alter, suspend, or discontinue any part of the Services without notice or liability. Incept may limit aspects of the Services without notice or liability. Your continued use of the Services following the deployment of any changes to Services constitutes acceptance of said changes.
We operate a bulletin board that serves as an online secondary marketplace that connects buyers and sellers of forms of equity holdings (“Shares”). The information provided via the Services facilitates these purposes.
Incept does not include any advice or counsel with regards to any financial, legal, or related service of any kind. Incept is not a broker nor is Incept a substitute for the advice or services of a broker.
Incept is not a party to any agreement formed between a buyer and seller, and does not accept responsibility for the sale of any Shares available via the Services. Incept accepts responsibility arising out of or in connection with such sale.
You acknowledge and agree that, notwithstanding anything to the contrary herein:
You further acknowledge that Incept:
Incept operate a bulletin board that serves as an online secondary marketplace that connects buyers and sellers of forms of equity holdings. Whilst incept cannot guarantee completion after the introduction of a buyer and seller, where possible, incept will employ reasonable endeavours to assist with the completion of a transaction.
We reserve the right to incorporate or remove functions of the Services, or to provide programming fixes, updates and upgrades to the Services.
You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Services. You also agree that you may have to enter into a renewed version of these Terms of Use to use a new version of the Services.
We have no obligation whatsoever to furnish any maintenance and support services with respect to the Services, and any such maintenance and support services provided will be provided at our discretion.
The Services are only offered and made available to guests and users who are 18 years old and above. By using our Services, you represent and warrant that:
Incept may, at its sole discretion, refuse to offer the Services to any legal person and change its eligibility criteria at any time.
You agree that you are responsible for:
You acknowledge and agree:
You agree that you are solely responsible for all activities (including any transactions) that occur on your account, whether undertaken by you or another, using the Services with your username (whether authorised or unauthorised). Incept shall not be responsible for any and all losses arising from any authorised or unauthorised access of your account or any loss or theft of your information. In addition, Incept shall not be responsible for any and all unauthorised or fraudulent transactions using your account.
You further agree that you shall never use another user’s account without such other user’s express and written permission.
Access to aspects of the Services may require you to register with Incept prior to use by providing various pieces of information (such as your name, email and password).
You shall not:
You represent and warrant to Incept and the other applicable third party providers that all information provided is accurate, truthful, complete and up to date. You further agree to ensure that the information provided is updated as necessary to ensure the accuracy, truthfulness and completeness of the information. Failure to comply with this section shall constitute a breach of this Agreement which may result in immediate termination of your Incept accounts.
Incept may, at its sole discretion, refuse the registration of any user, or refuse, cancel or disable the use of any username for any reason.
The Services provide you with the ability to add, create, upload, submit, distribute or post content in any form (“Submission”).
You are solely responsible for all information submitted, in any form, to Incept for inclusion in a Submission or profile description or for use in connection with the Services, including: all websites and content linked, or otherwise referenced, in your Submission.
By providing such information, to or through the Services, you acknowledge and agree that:
By accessing such information, to or through the Services, you acknowledge and agree that:
You grant:
You represent and warrant that:
Incept reserve the right, but do not assume the responsibility to remove any part of a Submission, in its sole discretion, is inconsistent with this agreement, including without limitation, any part of a Submission, which Incept has been notified, or have reason to believe, violates the rights of any third party.
Incept cannot review, nor ensure, prompt removal of objectionable material after it has been posted. Accordingly, Incept will have no liability for any action or inaction regarding or otherwise involving Third-Party Content.
Incept will also have the sole right to determine the placement and location of your Submission on the Services. You will promptly provide Incept with all necessary information for Incept to provide the services. You are responsible for promptly updating your Submissions as necessary.
The collection, use and disclosure, if any, of information collected from you or about you by Incept on the Services is detailed in Incept’s Privacy Policy. By acknowledging and agreeing to this Agreement, or by using the Services, you consent to Incept, including its affiliates, agents, third-party partners and service providers, receiving, collecting, storing, processing, transmitting, and using your information for Services functionality and for the purposes disclosed in the Privacy Policy.
If you successfully sell your Shares to a buyer that has engaged with you or has discovered your Shares via the Services, you agree to pay Incept a success fee, calculated as a percentage of the final sales price paid by the buyer.
We reserve the right to change the success fee at any time, with or without notice to you, and will provide you with adequate notice of such changes. The then-current success fee shall be applicable to purchases and sales from that date onwards, regardless of when acquisition discussions or negotiations begun.
If Incept receives no cancellation request (either by email or through the cancellation function in the portfolio) from the buyer or seller, prior to acceptance of the offer from either party, said user will be deemed to have confirmed their offer and the Offering Sellers will be deemed to have accepted the offer.
Such offers will become a legally binding contract to purchase the Seller’s equity holdings between the buyer and the seller, with completion of the investment conditional upon receipt of the relevant approvals.
After such deemed acceptance of the offer from either party, there shall be no refund of funds unless completion of the transaction does not occur.
You agree not to (directly or indirectly):
If you have agreed to keep confidential any information, you are prohibited from distributing, or making available in any form, such information on any of the Services.
Incept does not provide any form of guarantee that any submission made by you will be made available on any of the Services. In addition, Incept has no obligation to monitor any part of the Services, but reserves the right to, at its sole discretion, with or without reason, and at any time, without notice remove, edit or modify any content on the Services.
You represent and warrant to Incept that:
You represent and warrant to, and agree with Incept (which representations, warranties and agreements shall be deemed repeated each time you access or use the Service), that:
You acknowledge and agree that:
You grant evocable, worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable licence to use, retain, and share any information transmitted through the Services by you, including but not limited to account numbers, name, date, account amount, and endorsements for the purpose of providing the Service. This licence shall survive termination of this Agreement.
Incept grants you a non-exclusive, non-sublicensable and non-transferable limited licence to use and reproduce the content, solely for personal, non-commercial use, unless explicitly approved by Incept. Use of any content for other than personal, non-commercial use is expressly prohibited without the prior written permission from Incept. If you wish to make any use of material on the Services other than that set out in this section, please address your request to: hello@incept.io.
You may link to our Services and content, provided you do so in a way that is fair, legal, and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent.
Any third party tools are not under your control, and you acknowledge that we are not responsible or liable for any content made available on or through any such third party tools.
The inclusion of links to such third-party tools does not imply or constitute an endorsement by Incept or any association with its operators.
You further acknowledge and agree:
Any reliance you place on such information made available via the Services is solely at your own risk. We fully disclaim all liability and responsibility arising from any reliance placed on such materials by you, or by anyone who may be informed of any of its contents.
You agree to use reasonable care (no less than to the degree of care that you use to protect your own confidential and proprietary information of similar importance), and to prevent the unauthorised use, disclosure, publication or dissemination of proprietary, non-public, confidential information (“Confidential Information”) of any third party, including but not limited to, other users of the Services.
You agree to accept any third party, including but not limited to, other users Confidential Information for the sole purpose of evaluating any transactions you may be interested in. You agree not to disclose or use Confidential Information otherwise for your own or any third party’s benefit without the prior written approval of any applicable user; or Incept, as the case may be.
You may disclose Confidential Information if required by any applicable laws or governmental request, provided that you first take, if permitted to do so, reasonable steps to inform such third party, and Incept.
You may only disclose Confidential Information to your agents on a need to know basis, for the sole purpose of evaluating any transactions you may be interested in, and only to the extent that the agent in question has signed a non-disclosure and non-circumvention agreement at least as restrictive as this Agreement.
Information will not be deemed Confidential, if:
The owner of the Services is based in the United Kingdom. We provide the Services for use only by persons located in the United Kingdom. We make no claims that the Services or any of its content is accessible or appropriate outside of the United Kingdom. Access to, and use of, the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
You agree to receive and accept receipt of, any and all documents, agreements, notices, terms, forms, statements, data, records, disclosures, and any other forms of communications from Incept and/or applicable third-party providers, in electronic form, and to the use of electronic signatures.
Incept may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership.
If you wish to terminate your account, you may do so by either emailing hello@incept.io or by following the instructions on the Services. Any fees paid hereunder are non-refundable.
Termination of your access to the Services shall not terminate or otherwise modify your obligations with respect to any liability or matter arising, or if you are a customer of Incept. In addition, all provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
For the avoidance of doubt, although the representations, warranties, covenants and obligations set forth in this Agreement shall only apply during the period post registration and prior to termination, termination of your access shall not terminate or otherwise modify Incept’s rights under these Terms of Use to seek damages or other remedies for breaches of such representations, warranties, covenants and obligations during the period of your access to the Service.
Upon termination of these Terms of Use, you shall immediately cease all use of the Service.
Incept does not own or control any buyers or sellers on the platform and does not have an affiliation or endorsement with any such buyer or seller. Accordingly, Incept does not provide any representations, warranties, or guarantees with respect to any buyer or seller or Shares of any seller.
Additionally Incept explicitly disclaims, to the fullest extent permitted by applicable law, any warranty of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.
You acknowledge and agree that Incept shall not be liable, under any circumstances, for any breach of representation or warranty claim that arise out of, any buyer or sellers failure to honour any representation or warranty, whether to you, or to Incept.
You acknowledge and agree that Incept has no special relationship or fiduciary duty with, or to you.
You also acknowledge and agree that any relationship you may have with any of Incepts affiliates will be governed solely by your written agreement with that affiliate. Incept has no control over, nor purports to have any control over its affiliates. Incept makes no representations concerning any Content contained in or accessed through the Services, and we will not be liable, in any way, for the accuracy, copywrite compliance, legality or decency of material contained in or accessed through the Services.
Your use of the services is at your own risk. The services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Incept, its affiliates or any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Services. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the Services, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
Additionally, you acknowledge and agree that:
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
In no event shall incept, nor its directors, officers, employees, agents, partners, suppliers or content providers, be liable, directly or indirectly, under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Services, including, but not limited to, the use or misuse of the Services, from inability to access the Services, or the interruption, suspension, modification, alteration or termination of the Services , whether or not foreseeable and even if we or any third party provider has been advised of the possibility or likelihood of such damages, for:
This limitation also applies to any damages incurred by reason of other services or products received through, or advertised in connection with, the Services.
Additionally, you are responsible for all login credentials, and agree that Incept will not be responsible for any damages, losses or liability to you, or anyone else, if such information is not kept confidential by you, or if such information is correctly provided by an unauthorised third-party logging into and accessing the services.
Any claim you may have arisen out of, or in relation to this Agreement or the Services, must be commenced within 6 months after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
Incept (and its subsidiaries) aggregate liability for all claims arising out of or relating to the Services is limited to shall not exceed the greater of £100.00 or fees Incept has charged you in the past 6 months, if any.
This section does not affect any liability which cannot be excluded or limited under applicable law and shall apply to you to the fullest extent permitted by such applicable law.
You agree, at your own cost and expense, to defend, indemnify, and hold harmless Incept, its affiliates and each of its, and its affiliates employees, owners, licensors, consultants contractors, directors, suppliers and representatives from and against all liabilities, losses, damages, judgments, costs, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to:
Incept reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with us in asserting any available defences.
Most concerns can be resolved by contacting Incept at hello@incept.io.
You acknowledge that Incept does not engage in dispute resolution of any dispute, controversy, disagreement, or proceeding between you and any buyer or seller.
You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through senior executives of Incept. Good faith negotiations shall be a condition to either of us initiating any other process or proceeding.
If the matter is not resolved by negotiation within 30 days of receipt of a written ‘invitation to negotiate’, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure, or in default of agreement, through an ADR procedure as recommended to the parties by the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators.
If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party.
The seat of the arbitration shall be England and Wales. The arbitration shall be governed by both the Arbitration Act 1996 and Rules as agreed between the parties.
Should the parties be unable to agree on an arbitrator or arbitrators, or be unable to agree on the Rules for Arbitration, any party may, upon giving written notice to other parties, apply to the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators for the appointment of an Arbitrator or Arbitrators and for any decision on rules that may be necessary.
Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief.
Assignment. You shall not transfer, novate or assign all or any of its rights, obligations or benefits hereunder in whole or in part, without our prior written consent. Any purported transfer, novation or assignment in violation of this section is null and void and no transfer, novation or assignment will relieve you of your obligations under this Agreement. Incept may assign, transfer or novate any of its rights and obligations hereunder without consent.
No Waivers. The failure by Incept to enforce any right or provision of this Agreement shall not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision under this Agreement, will only be effective if in writing and signed by an authorised representative of Incept.
No Third-Party Beneficiaries. This Agreement does not and is not intended to confer any rights or remedies upon any person other than You.
Severability. If any provision of this Agreement is unenforceable for any reason, then that provision will be deemed severed from this Agreement and will not affect the enforceability of the remaining provisions of this Agreement.
Notices. All notices under this Agreement will be in writing and:
Electronic notices should be sent to hello@incept.io.
Entire Agreement. These Terms of Use, together with the Privacy Policy, and any definitive written agreement executed by the yourself and Incept constitute the entire agreement of the parties hereto with respect to the subject matter hereof and supersede all prior discussions, agreements, and undertakings, both written and oral, between the parties with respect to the subject matter of these Terms of Use. In the event of any conflict or inconsistency between separate written agreements between the parties and these Terms of Use, the former shall govern and control.
Governing Law. This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with, the laws of England and Wales.
Contact