Infini Terms of Use

Welcome to Infini

Infini Terms of Use

Effective Date: 22 July 2022

We want you to know and understand your rights and our rights relating to the provision of the Services, as outlined below. Please review them carefully, with a few highlights shared here as they align to our Infini values:

Ingenuity

  • We operate a community focused, safe and supportive environment to help you attain collectively reduced carbon footprint goals - ensure you have other’s permission before sharing their details.

  • You own your content, but you enable us to use it to accelerate climate transition plans with our Services.

Impact

  • At any time, you can delete your account or cancel your subscription.

  • Your privacy and experience are vitally important to us. Our Privacy Policy highlights and sets out how we collect and use your personal information.

Inspiration

  • Say hello, connect with or follow us – three easy ways to contact us if you have a story to share, questions or need support to enhance our Services with you allowing us to use it.

  • We provide Services to enable you to progress your circular action plan. We are not liable for your activities or steps and no warranties are made by us.

Integrity

  • We expect you conduct yourself with integrity - respectfully and appropriately.  If you don’t, we can cancel your account.

  • You agree to work to resolve any dispute we may have through negotiation and mediation before any arbitration or formal court process.

These Terms and Conditions of Use apply and govern your use of the Infini website, mobile application and related services and are designed to create a constructive, law-abiding climate positive community of our users. By using Infini Services, you are agreeing to all the terms and conditions below.

End User Licence Agreement Terms of Use

The Infini mobile applications, websites, publications, Content (refer below), and services (collectively, the “Services”) are made available to you by Infini Green Pty Ltd ABN 80 656 401 008, subject to this End User Licence Agreement Terms of Use (“Terms”) and in accordance with the Infini Privacy Policy (“Privacy Policy”). More information about the Services may be found at www.infini.green. You agree to comply with these Terms and any supplemental terms which Infini makes available to you on the Services which shall form part of the Terms. BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION, MATERIALS OR CONTENT TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “REGISTER”, LOGGING-IN OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THE THESE TERMS. IF YOU DO NOT AGREE TO THE THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This agreement was written in English. To the extent a translated version of the Terms conflict with the English version, the English version takes precedence.

In these Terms “Infini”, “we”, “us” or “our” mean Infini Green Pty Ltd, its affiliates and related bodies corporate.  If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.

The Infini Services cannot be provided, and the agreement described in these Terms of Use cannot be performed without Infini processing data about you, and other Infini users, including your carbon footprint data. Processing of the data you share with Infini, including carbon footprint data, is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.

Information, measures and predictions on our Services should not be regarded as a substitute for professional legal, financial, or professional advice.

We reserve the right to change any or all of our Terms or other conditions for using our Services at any time by publishing the new terms or conditions on our website. Your continued access to or use of our Services after the Terms are updated constitutes your consent, acceptance, and agreement to be bound by the updated Terms. Should you object to any of our Terms or other notices on our Services your sole option is to immediately cease your use of our Services.

Infini is responsible for maintaining our Services and makes no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our Services by or on behalf of Infini, other Users, and any third parties on our Services) and Infini and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any user through relying on anything contained in or omitted from our Services.

These terms include a mediation clause, a class action waiver and for United States residents binding arbitration. These provisions affect your rights to resolve disputes with Infini and you should review it carefully. Your choice to maintain an account, access or use the Services (regardless of whether you create an account with us) constitutes your agreement to these terms and our Privacy Policy, which is incorporated into the terms. If you disagree with any part of the terms, then you are not permitted to use our Services.

We do not warrant that Content, information, services, or data contained on, or associated with our Services will be available and accessible to you at all times. We may change the path or location of a link, or redirect content contained within a link on our Services at any time without prior notice to you. We do not warrant that any links that you forward will remain constant at the time that you forward or share them, as they are subject to change at any time without notice to you.

1. Registration and Accounts

Over 13 years or legal age. The Services are intended solely for persons who are 13 years old or older as required in your country to use the Services. If you are under the legal age to form a binding contract in your country, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf and that you use the Services under the supervision of a responsible adult.

Register User Profile. To use the Services, you must register an account on the Services (“User Account”). When registering for a User Account you agree to provide true, accurate, current, and complete information about yourself (“User Profile”) and to promptly update and maintain the User Profile. We are not responsible for any loss or damage (including misdirected emails) which may arise from your failure to provide current, accurate and complete User Profile or to keep your details up to date. By registering an account with us you represent that you have no other User Account with us and that your User Account has not been suspended or cancelled in the past due to violations of our Terms. In such cases we will not enter another or new Terms with you. We will handle all User Profile data in accordance with our Privacy Policy.

Maintain accurate User Profile. You agree that Infini may use your User Profile to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any User Profile that is inaccurate or not current, or Infini has reasonable grounds to suspect that such User Profile is inaccurate or not current, Infini has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving Services under the laws of any applicable jurisdiction.

User name and password confidentiality. You are solely responsible for maintaining the confidentiality of the user name and password associated with your User Account and for restricting access to your user name and password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your User Account or from your computer and mobile devices.  We may assume that anyone using your User Account is authorised by you to do so. Unauthorised use of your User Account and password will, under no circumstances, reduce your liability in connection with use of the Services, including your obligation to pay for purchases made using your User Account. You must notify us immediately on becoming aware of any unauthorised use of your User Account or of any other security breach in connection with the Services.

Unauthorised access. We endeavour to use reasonable security measures to protect against unauthorised access to your User Account. We cannot, however, guarantee absolute security of your User Account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify Infini of any unauthorised use of your User Profile, User Account or password, or any other breach of security, and confirm that you understand all risks of unauthorised access to User Profile and any other information or content you provide to Infini.

Third party registrations. You may register for or log-in to your User Account via a third-party network, such as Instagram, Facebook, LinkedIn, Apple or Google. If you do so, you hereby authorise Infini to pre-populate the registration and other relevant information fields of your User Account and/or to use such third-party credentials to log you into your User Account. If you connect your User Account to a third-party network, you agree to comply with the terms and conditions and policies as amended from time to time applicable to such third party.

2. Ownership and use of Content

For purposes of these Terms, (i) “Content” means any form of information, data or creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, tools, text, ideas, communications, replies, “likes,” comments, software, scripts, executable files, graphics, geo-data, carbon data, brand data and data elements derived therefrom, carbon plans, annotations, carbon or energy information, interactive features, designs, copyrights, trademarks, service marks, branding, logos, and other similar assets, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services; (ii) “User-Generated Content” means any Content that a user submits, transfers, or otherwise provides to or through the use of the Services; and (iii) “Infini Content” means all Content that is not User-Generated Content.

Infini Content All Infini Content and all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Services belong to Infini and/or its partners or other third parties. Except as expressly provided in the Terms, nothing grants you a right or license to use any Infini Content, including any content owned or controlled by any of our partners or other third parties. You acknowledge and agree that the Services, any necessary software used in connection with the Services, any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorised by Infini or third party service providers or partners, you agree not to duplicate, publish, display, modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.

Our licence to you. Subject to your compliance with these Terms and applicable laws, we grant you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive right and license to access and use the Services and Infini Content for your own personal, non-commercial purposes, provided that you do not (and do not allow any third party to) engage in any Prohibited Conduct in respect of the Infini Content or Services. These licensed rights are also valid for any other family members, on the basis that they are part of a family group within the meaning of the terms of use of your app store.

Calculation of carbon footprint. We enable our you to calculate your annual personal or household carbon (CO2e) emissions, referred to as carbon footprint, free of charge. For this purpose, we make available the Services. The Services allows users to input information about their personal lifestyle. The method used to calculate the carbon footprint is backed by science, but the calculated carbon footprint is only an approximate measure as the exact carbon footprint dependant on all of a user's actions and only a limited amount of information about each user is available to us. It is also necessarily an estimate because the carbon footprint is reliant on the accuracy of the data input, the accuracy of third-party carbon footprint assessments and in terms of the carbon footprint goals is a prediction about the future. Therefore, the calculation is made without any guarantee that your actual carbon footprint will correspond to your calculated carbon footprint. The method of calculation may be adjusted from time to time, for example because further findings are incorporated into the calculation methodology or because social, lifestyle or financial conditions influencing your personal carbon footprint have changed.

User Generated Content. You retain ownership, responsibility for, and other applicable rights in the User Generated Content that you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted, or submitted through a third party API (e.g. a photograph submitted via Instagram). When you provide User Generated Content to Infini through the Services, you grant us and our users a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, translate, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform to the requirements of any networks, devices, services, or media through which the Services are available), commercialise, create derivative works from, and otherwise exploit such User Generated Content in connection with any and all Services. You acknowledge and agree that: (a) we have the right to arrange the posting of User Generated Content in any way we desire; (b) we have no obligation to provide you with any credit when using your User Generated Content, but if we choose to provide you with credit, the size and placement of the credit is at our sole discretion; and (c) you are not entitled to any compensation or other payment from us in connection with the use of your User Generated Content.

The rights you grant in this license are for the limited purposes of allowing Infini to operate and allow other users to use the Services in accordance with their functionality, improve the Services, and develop new Services. Notwithstanding the above, we will not make use of any of your User Generated Content in a manner that is inconsistent with our Privacy Policy.

Violation of Community Values. We reserve the right to monitor, remove or modify User Generated Content for any reason and at any time, including User Generated Content we believe violates these Terms, the Community Values, and/or our policies.

Respect other’s rights. You agree you will respect the intellectual property rights of others. You represent and warrant you have all the necessary rights to grant Infini the foregoing license for all User Generated Content you submit in connection with the Services and will indemnify us for any breach of this representation and warranty.

Your responsibility. You understand that you, and not Infini, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Infini does not routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Infini may, in its sole discretion, screen, monitor, hide, refuse, or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable.

Content accuracy, reliance or omissions.  We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update such Content.

In addition, User Generated Content, including editorial content, advice, statements, or other information, including, without limitation, food, expenditure, usage, energy, and carbon, are not produced by Infini, and should not be relied on without independent verification. User Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such User Generated Content originated. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.

Carbon Database. In particular, Infini’s carbon database (“Carbon Database”) contains a combination of carbon, energy, sales and expenditure information entered by Infini and our users. Any user of the Services can contribute to the carbon, energy, sales and expenditure information in the Carbon Database. Please be advised that carbon, energy, sales and expenditure information in the Carbon Database has not been reviewed by persons with the expertise required to provide you with complete, accurate, or reliable information. Infini does not (i) guarantee the accuracy, completeness, or usefulness of any carbon, energy, sales and expenditure information in the Carbon Database; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any such carbon, energy, sales and expenditure information. To the extent permitted by applicable law, under no circumstances will Infini be liable or responsible in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a resulting from your reliance on carbon, energy, sales and expenditure information or use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.

Publicly available Content and information. You agree that Infini is not responsible for, and does not endorse, Content posted on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. As between you and Infini, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Infini is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Infini in a position that is any different from the position held by members of the general public, including with regard to your Content. Your Content will not be subject to any obligation of confidence on the part of Infini other than as set forth in our Privacy Policy and your privacy controls, and Infini will not be liable for any use or disclosure of any Content you provide.

Restriction setting for Content. The Services may provide you with the ability to mark certain Content that you submit to the Services as private, public, or available only to select users of the Services. Infini will maintain the privacy of such Content in accordance with your selections. However, if you do not select to mark your Content as private or available for a limited group of users, or later change such designation to allow such Content to be made available to anyone, you are responsible for the public nature of the content. Please review our Privacy Policy for more information on how to manage your privacy controls.

Our commercial usage. You give us permission to use your profile name, profile photo, and information about your activities and steps you have taken, including your use of third party products, services, or devices, in ads, offers and other commercial contexts on the Infini service without compensation to you. For example, we may show your Infini followers that you use a certain product, or service available from a brand that has paid us to display its ads on Infini. You may adjust settings to prevent your profile name and profile photo from appearing in an ad.

Acceptable usage. Our Services are intended to create a safe and supportive community for all users. To maintain a safe and positive environment, we require everyone to agree to and follow certain rules (the “Community Values”) when posting User Generated Content and using the Services. You are granted a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial use only, provided such link does not portray Infini or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You are further granted a right to implement any RSS feeds located on the Services for your personal, non-commercial use, solely as described on the Services. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.

Linking to the Services. If you would like to link to our Services on your website or mobile application, please follow these rules: (i) any link to the Services must be a text only link clearly marked “infini” (without the use of any other trademark, logo copyright or any other intellectual property asset owned or controlled by Infini) or in some other format directed by us, (ii) the appearance, position and other aspects of the link may not damage or dilute the goodwill associated with our marks, (iii) the link must “point” to the root domain name of the Services and not to other pages within the Services, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organisation or entity is sponsored by, affiliated with, or associated with Infini, (v) when selected, the link must display the Service on full-screen and not within a “frame” on the linking website or service, and (vi) we reserve the right to revoke its consent to the link at any time and in its sole discretion, and upon our notification to you of such revocation of consent, you agree to promptly remove the relevant link.

Commercial usage of the Services. The Services, with the exception of certain products and services provided though Infini branded Services we make available on a subscription or licence basis as tools for organisation owners or managers (collectively, the “Premium Services”), are intended only for your individual, household, personal, non-commercial use. You shall not use the Services (other than certain Premium Services) to sell a product or service, increase traffic to your own website or a third-party website for commercial reasons (such as advertising sales), or otherwise undertake any endeavour aimed at deriving revenue. For example, you shall not take the results from a search of the Services and reformat and display them, or mirror our home pages or results pages on your website. Moreover, you shall not “meta-search” our Services. If you seek to make commercial use of the Services other than through the Premium Services, you must enter into an agreement with us to do so in advance. To learn more about the Premium Services, please refer to the Services or contact us at hello@infini.green. By using any of the Premium Services, you acknowledge and agree to the Terms and any additional terms and conditions applicable to those select Services.

Prohibited Conduct. In all cases you may not use the Services, or assist or encourage any other party, to engage in any conduct or activity (including omitting to do something) and must not attempt to (“Prohibited Conduct”):

1.      Use the Services in any way that is unlawful or is not permitted in these Terms;

2.     Commit any act that may be harmful to minors;

3.     Use the Services in any way that causes, or is likely to cause, any interruption, damage or otherwise impair the Services in any way or would negatively affect or otherwise diminish the quality of another user’s experience of the Services;

4.     Use the Services for any inappropriate commercial solicitation purposes;

5.     Copy, or otherwise use, reproduce, adopt, modify, create derivative works, or otherwise attempt to sell, assign, sublicense, grant a security interest in or otherwise transfer any right in whole or any part of the Services;

6.     Decompile, reverse engineer, reverse assemble or otherwise attempt to extract the source code of the software underlying the Services in whole or any part thereof;

7.     Mirror, copy, or frame any part of the Services;

8.     Access the Services to monitor its availability, performance or functionality;

9.     Pose or impersonate any person or falsely state or otherwise misrepresent your affiliation with us or any other person or entity, including in an attempt to solicit money, passwords or personal information from any person;

10.   Permit any third party to access the Services;

11.    Transmit, distribute, publish viruses, Trojans, worms, defects or spyware, corrupt files, carry out denial of service attacks or use any other similar software or programs that is harmful, interferes or may interrupt the functionality of our Services or damage the operation of any third party’s networks, equipment, applications, services, websites, computer hardware or software;

12.   Publish, transmit, distribute or store content, material, information or data that: (i) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (ii) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorised use of domain names); or (iii) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);

13.   Attempt to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, User Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Infini internet protocol space;

14.   Use or index any User Profile, Content or data on our Services for purposes of: (i) constructing or populating a searchable database of activities, steps, brands or users; (ii) building a database of carbon footprint information; or (iii) competing with us in any manner that we have not specifically authorised;

15.   Avoid payment of charges or fees payable by you with respect to the Services;

16.   Distribute, or disclose any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;

17.   Use any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to Infini than a human can reasonably produce in the same period of time by using a conventional web browser;

18.   Take any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

19.   Collect or harvest any information relating to an identified or identifiable individual, including account names and information about users of the Services, from the Services;

20.  Access any content on the Services through any technology or means other than those provided or authorised by the Services;

21.   Submit to the Services or to Infini any personally identifiable information, except as necessary for the establishment and operation of your User Account;

22.  Submit to the Services or to Infini any information that may be protected from disclosure by applicable law;

23.  Bypass the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;

24.  Violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offence or give rise to civil liability;

25.  Remove any copyright, trademark or other proprietary rights notices contained in or on the Services; or

26.  Execute any form of network monitoring or running a network analyser or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you.

Your representations and warranties. You represent and warrant that: (i) you are authorised to create your User Account, whether individually or on behalf of an organisation; (ii) you own the User Generated Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your User Generated Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of user Generated Content you post on or through the Services.

Modification of Services. The Services change frequently, and their form and functionality may change without prior notice to you. We may provide updates (including automatic updates) for certain Services as and when we see fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain components of our Services may not properly operate if you do not install all Updates. You acknowledge and agree that the Services may not work properly if you do not allow such Updates and you expressly consent to automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. In addition, we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.

Platform providers. If you download the Services from a third-party app store (“App Provider”), you acknowledge and agree that:

  • The Terms of the App Provider will apply in addition to our own Terms. In case of:

    • the Apple App Store, these terms include, the "Apple Media Services Terms and Conditions" (available at Apple Terms,

    • The terms of use for Google Play are available, at Google Terms,

    • Please be sure to review the terms of use for your country. In case of any conflicts, the latter terms of use will take precedence.

  • The Terms are an agreement between us, and not with the App Provider. As between Infini and the App Provider, Infini is solely responsible for its applications;

  • The App Provider has no obligation to provide any maintenance and support services with respect to the Services;

  • In the event of any failure of the Services to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider may refund the purchase price for the App to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Services, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between Infini and the App Provider, Infini’s responsibility;

  • The App Provider is not responsible for addressing any claims you have relating to the Services or your possession and use of the Services;

  • If a third party claims the Services infringes another party’s intellectual property rights, as between the App Provider and Infini, Infini will be responsible for the investigation, defence, settlement and discharge of any such claim to the extent required by these Terms;

  • The App Provider and its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the Services. Upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Services against you as a third-party beneficiary thereof; and

  • You must also comply with all applicable third-party terms of service when using the Services.

User Generated Content. The Services function as a venue to connect users in a virtual information place. As a neutral facilitator, Infini is not directly involved in the actual interactions between users using the Services. As a result, Infini has no control over the truth, accuracy, quality, legality, or safety of postings made by users using the Services. Infini shall have no responsibility to confirm the identity of users. Infini shall also have no responsibility to confirm or verify the qualifications, background, or abilities of users using the Services. You shall at all time exercise common sense and good judgment when dealing with any user using the Services.

User contact information. If you elect to use our Services to inform your contacts about the Services or share your information with others, Infini may require you to provide contact information. Infini may contact that user using a one-time email or text message. You represent and warrant that you are authorised to provide any third party contact information that you provide to Infini, that you are authorised to use such information to contact (including for Infini to contact on your behalf) the third party and that Infini may process it pursuant to the Privacy Policy. You will indemnify us for any breach of this representation and warranty.

Editorial content. Any editorial content or articles on our Services are of a general nature only and do not consider your personal objectives, financial situation or particular needs. Editorial content should not be regarded as advice or relied upon by you or any other person and we recommend that you seek professional advice before acting on the content. For the avoidance of doubt, editorial content provided by third party authors that are not employed by us is deemed to be third party products and services.

Third parties. Third party registrations on the Services and goods and services made available on the Services are made and offered directly by the applicable third party. When you enable, register, log-in, pursue or purchase any such good or service, you acknowledge that you are contracting directly with such third party and not with Infini. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. We are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with third parties.  YOU AGREE THAT INFINI SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS, PARTNERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.

Content Retention. Following termination of your User Account, or if you remove any User Generated Content from the Services, we may retain your User Generated Content for a commercially reasonable period of time for backup, archival, or audit purposes, or as otherwise required or permitted by law. Further, Infini and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your User Generated Content that otherwise has been stored or shared through the Services. The license to your User Generated Content therefore continues even if you stop using the Services. When you post something publicly, others may choose to comment on it, making your Content part of a social conversation. For more information, please review our Privacy Policy.

Not endorsement. Infini or third parties may provide links to other internet sites or resources through the Services. Infini does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that Infini is not responsible for the availability of such external sites or resources.

3. Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to Infini a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Infini any Feedback that you do not wish to license to us as set forth above.

4. Payment and fees

Premium Services.  We offer Premium Services or versions of the Services, constituting a Premium Subscription or Organisation Licence, for a fee. Our prices and currencies may vary from country to country. All quoted prices include applicable goods and services, value-added or sales taxes. By signing up for and using the Premium Services, you agree to our Terms, and any additional terms and conditions provided here.

The Premium Services provide you access to certain enhanced content, features and functionality. By signing up for and using the Premium Services, including signing up for Free Trials of the Premium Services, you agree to pay any fees or other incurred charges that apply to the Premium Services (such as ongoing subscription fees).

Payment Method. To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like App Store, Apple Pay or Google Play, or any other payment method made available by Infini) (the “Payment Method”). You must only use your own credit or debit card or a credit or debit card that you have been authorised to use specifically for the purchase of the Services. If you provide your payment information, you authorise us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information.

Premium Service fees. Premium Service fees, along with any required taxes, may be paid on a monthly or annual basis. All Premium Service fees are payable in advance. Users changing from monthly to annual subscriptions will have the annual rates take effect at the beginning of the next billing date. You agree to pay the Premium Service fees, and other charges you incur in connection with your Infini account, whether on a one-time, subscription or licence basis. Infini reserves the right to increase Premium Service fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.

Discount, gift or voucher codes. Where you have a discount, gift, or other voucher code for a Premium Service, it must be used within the validity period provided with the discount, gift or voucher code.  We are not responsible for any expired discount, gift or voucher codes that you have not used prior to their expiry date. If you have received a discount, gift or voucher code to a Premium Service, the following terms and conditions apply in addition to the terms and conditions of the specific code. To redeem a discount, gift or voucher code, register or log in to Infini and enter the applicable code to take advantage of the relevant promotion. All discounts, gift and coupon codes can only be applied when subscribing to Premium Services, and to accounts not already subscribed to Premium Services. Discount, gift and voucher codes cannot be combined with any other sales, promotion or coupon, and cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A Payment Method may be required to redeem a discount or coupon code. It is your own responsibility to use a discount, gift or voucher code before it expires, and expired codes cannot be refunded or extended. It is also your responsibility to terminate the Premium Service before the end of a free or discounted period if you do not want to continue with a Premium Service at the agreed price. The terms and conditions of a specific discount, gift or voucher code may include additional restrictions on its use, including but not limited to the type of plan, duration of free or discounted Premium Service, validity dates, and/or purchase quantities. Infini reserves the right to cancel discount and voucher promotions at any time.

Change Payment Method. You may change to a different Payment Method or update your information as part of the Services. If you paid through the Google Play or the App Store, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by Infini, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately at hello@infini.green or the App Provider.

Auto-renewal. Premium Service fees will be billed automatically at the start of the monthly or annual period, as applicable. Premium Service fees will auto-renew until your Premium Service is downgraded or terminated. Your Premium Service fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your Premium Service at any time, as described below.

Cooling off period. You may be entitled to change your mind and receive a full refund within fourteen (14) days (the “Cooling-off Period”) of your payment, provided that you have not logged in or otherwise redeemed or started to use the Premium Services as a subscriber during the Cooling-off Period.

Subscription free trials. Your Premium Service may start with a free trial. The free trial period for any Premium Service will last for the period of time specified when you registered. Free trials may not be combined with certain other offers, as specified. If you begin your Premium Service with a free trial, we will begin billing your Payment Method for Premium Service fees at the end of the free trial period of your Premium Service unless you cancel your Premium Service prior to the end of the free trial period. Your Payment Method will be authorised for up to one month of Service as soon as you register for a free trial. In some instances, your available balance or credit limit may be reduced to reflect the authorisation; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period.

Carrier and device considerations. To use or access our Services, you will need a compatible device. We cannot guarantee the Services will be compatible with, or available on, your device. We do not charge for use of the Services. You understand that you are responsible for any charges associated with sending communications using your computer or mobile device. Your internet or phone provider or carrier’s normal messaging, data, and other rates and fees, however, will still apply.

Cancellation of Premium Services. You may cancel your Organisation Licence on www.infini.green. You may cancel your Premium Subscription by downgrading through the App Store or Google Play. The cancellation of a Premium Service will go into effect at the end of your current billing cycle. When your Premium Subscription ends, your account will remain and become a free User Account. When your Organisation Licence ends, your User Account will remain available for 6 months to download your information. You can renew your Premium Service at any time without opening a new account, although the Premium Service fees may have increased. You can delete your User Account at any time. There are no refunds for termination or cancellation of your Premium Service. If you no longer wish to subscribe to a Premium Service, it is your responsibility to cancel your Premium Service before the end of the current billing period, regardless of whether or not you actively use the Premium Service.

5. Electronic communications

Communications from Infini. We will communicate with you electronically via in-Service messages, push notifications or email about your use of the Services. You consent to receive communications from us in this way.

Marketing communications. You can opt-out of receiving marketing communications which include in-Service messages, push notifications and email by contacting us at hello@infini.green or by using the unsubscribe function in the marketing communication. You acknowledge that opting-out of in-Service messages, push notifications or email may impact your use of the Services and that we may not be able to contact you as contemplated in these Terms.

Electronic User communications. The Services may provide you with the ability to send or post messages or send similar messages and communications to third party service providers, advertisers, your personal contacts, other users and/or Infini. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which Infini provided the communication method, and you further agree that all such communications by you shall be deemed your User Generated Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable).

Public communications. By using communications methods available on the Services, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by Infini (unless expressly stated otherwise by Infini) and (c) communications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Infini in any manner, though Infini reserves the right to do so at any time at its sole discretion. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

6. Proprietary rights

Trademark and copyright. The term infini, infini.green, the Infini logo and other Infini logos and product and service names including “Rethink you carbon footprint”, “infini one hundred”, “infini 100”, and “Stepdown8” are the exclusive copyright and/or trademarks of, and are owned by, Infini Green Pty Ltd, and you may not use or display such trademarks in any manner without Infini’s prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners. Infini reserves all rights not expressly granted hereunder.

Intellectual property. Infini displays brand images consistent with copyright laws fair dealing or fair use exceptions as part of Infini’s Carbon Database and carbon impact review, analysis, research, and news reporting of global brands.  In each case that an image is displayed, Infini acknowledges the brand’s owner. If you believe Content infringes copyright fair use or fair dealing or trademark under Australian or other national law, please notify us immediately using the contact information provided herein. It is our policy to investigate any allegations of infringement brought to our attention. Please provide us with the following information in your notice of a suspected infringement:

  • Identification of the material being infringed.

  • Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.

  • Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address.

  • A statement that the Notifying Party has a good faith belief that the material is not authorised by the owner, its agent or law.

  • A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorised to make the complaint on behalf of the owner.

  • A physical or electronic signature of a person authorised to act on behalf of the owner of the material that has been allegedly infringed.

Your notice must be signed and emailed to hello@infini.green.

You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Some information provided in a notice of infringement may be forwarded to the user who posted the allegedly infringing content.

7. Disclaimer of warranties and liabilities

No warranties. The Services comprising the information, software, products, services and content and made available through the Services are provided to you on an “as is” and “as available” with all faults basis and without warranty. Infini and its subsidiaries, affiliates, officers, employees, agents, partners and licensors hereby disclaim all warranties with regard to such Service information, software, products, services and content, including, without limitation, all guarantees, warranties, terms and conditions of merchantability, fitness for a particular purpose, title and non-infringement, whether oral or written, express, implied or imposed by any applicable law.

Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content. In particular, and without limiting the above, Infini and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that: (i) the service will meet your requirements or specific results; (ii) the Services are free of viruses or other harmful components; (iii) your Content will be available or the Services will be uninterrupted, timely, secure or error-free; (iv) the results that may be obtained from the use of the Services will be accurate or reliable; (v) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (vi) any errors in the Services will be corrected. You acknowledge that there may be times when the Services may be down or disrupted and that we will not be liable for any interruptions or disruptions in any way. Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot lawfully be excluded, restricted or modified.

To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to any Content; User Generated Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

Infini not providing dietary advice. You expressly agree that infini is not providing medical or dietary advice via the Services. The Content provided through the Services, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, whether provided by us or by other account holders or third parties is not intended to be and should not be used in place of (a) the advice of your physician, dietitian, or other medical professionals, (b) a visit, call or consultation with your physician, dietitian, or other medical professionals, or (c) information contained on or in any product packaging or label. Should you have any diet or health related questions, please call or see your physician, dietitian or other healthcare provider promptly.

Seek medical advice. You should never disregard medical advice or delay in seeking medical advice because of any content presented on the services, and you should not use the services or any content on the services for diagnosing or treating a health problem. The transmission and receipt of our content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and Infini.

You acknowledge risks with steps. You expressly agree that your activities (including, but not limited to, walking, cycling, running, or following a infini step plan offered on the services) carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction or negligence of Infini or by the action, inaction or negligence of others.

Released Parties. You expressly agree to release Infini, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (the “Released Parties”) from any and all liability in connection with your user activities and/or use of the Infini websites, mobile applications, content, services or products (including, without limitation, any Infini step plan), and promise not to sue the Released Parties for any claims, actions, injuries, damages, or losses associated with such use. You also agree that in no event shall the Released Parties be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (a) your use or misuse of the Services, (b) your use or misuse of equipment or programs created or licensed by Infini (including, without limitation, any Infini step plan) while engaged in user activities, (c) your dealings with third-party service providers or advertisers available through the services, (d) any delay or inability to use the services experienced by you, or (e) any information, software, products, services or content obtained through the Services, whether based on contract, tort, strict liability or otherwise, even if infini has been advised of the possibility of damages.

No endorsements. Infini does not endorse your User Generated Content or any other user’s Content and specifically disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, indirect, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Content on the Services.

Consumers in European Union. If you are a consumer residing in the European Union, you have legal remedies if we cause you loss by our breach or non-performance of our legal obligations, or by our negligence, and these terms do not affect those statutory remedies.

8. Indemnification

You agree to indemnify and hold Infini and its subsidiaries, affiliates, directors, officers, agents, representatives, employees, partners and licensors harmless from any losses, liabilities, claims, expenses, or demands, including reasonable legal fees, made by any third party due to or arising out of (i) your unauthorised use or misuse of the Services or User Account; (ii) Content you submit, post, transmit or otherwise seek to make available through the Services; (iii) your user activities which generate the Content you post or seek to post on the Services (including, but not limited to, user activities in connection with any events which Infini sponsors, organises, participates in, or whose Services are used in connection with); (iv) your connection to the Services; (v) your violation of the Terms; (vi) your violation of any data protection or privacy laws; or (vii) your violation of any third party rights of another person or entity, including copyright, property or privacy right. 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 under the Terms, and you agree to cooperate with our defence of these claims. Your rights with respect to Infini are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.

9. Limitation of liability

Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded. To the maximum extent permitted under any applicable laws, in no circumstances are we, our partners or third-party providers liable, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, and whatever the cause, to you or any third party for any (i) indirect, incidental, special, reliance, exemplary, punitive, or consequential loss or damage; (ii) loss of business, profits, revenue, opportunity, customers, capital, downtime costs, loss of or damage to reputation, goodwill, or other intangible losses; (iii) losses or damages under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits, or anticipatory profits, or business interruption; (iv) damages relating to any conduct or Content of any third party or user of the Services, including without limitation, defamatory, offensive or illegal conduct or content; and/or (v) damages in any manner relating to any third party Content or third party products accessed or used via the Services; suffered, incurred or awarded by you under or in connection with these Terms, the Services or its subject matter.

To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Infini has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by law, you agree that our aggregate liability for any claims under or in connection with these Terms, including for implied warranties, if we are liable for such claims, however they arise and whether in contract, tort (including negligence and breach of statutory duty), shall not exceed the greater of (a) A$50 or (b) the amount of fees paid by you to Infini in the 12-months prior to date the claim.  Our liability to you is reduced to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the Services, (b) the use, disclosure, display, or maintenance of a User Profile and/or Content, (c) any other interactions with us or any other users of the Services, even if we have been advised of the possibility of such damages, or (d) other Content, information, services or goods received through or advertised on the Services or received through any links provided with the Services.

To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms, that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and form an essential basis of the bargain between you and us. We would not be able to provide the Services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.

10. Dispute resolution

Mediation. The parties shall in use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or mediation. Except for disputes relating to the Infini’s intellectual property (such as trademarks, domain names, trade secrets, copyrights, and patents) or if you opt out of this agreement to mediate or arbitrate, all claims arising out of or relating to this Agreement and your use of the Services shall be settled by Queensland mediation. The role of the mediator is to assist in negotiating a resolution of the dispute, claim, question, or disagreement and to make any decision concerning the dispute, claim, question, or disagreement within 90 days of his or her appointment. The cost of the mediator will be shared equally between each of the parties. The parties will bear their own costs of the mediation.

Class action waiver. The parties further agree that any mediation or arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court determines that the class action waiver set forth in this section is void or unenforceable for any reason, or that a mediation or an arbitration can proceed on a class basis, then the mediation provision (set forth above) or arbitration provision (set forth below) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to mediate disputes.

Thirty days right to opt out. You have the right to opt out and not be bound by the mediation, arbitration and class-action-waiver provisions set forth in these Terms by sending written email to Infini at hello@infini.green. The notice must be sent within 30 days of registering to use the Services or Premium Services; otherwise, you shall be bound to mediate or arbitrate disputes in accordance with these Terms. If you opt out of these mediation or arbitrate provisions, Infini also will not be bound by them. In addition, if you elect to opt out of these mediation or arbitrate provisions, Infini may terminate your use of the Services.

Time limitation on claims. You agree that any claim you may have arising out of or related to your relationship with Infini and these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

11. Governing law and jurisdiction

Governing law. Any action related to the Terms, Content, the Services, and your relationship with the Infini shall be governed by, and construed and interpreted in accordance with, the laws of Queensland, Australia without regard to its conflict of laws principles and will specifically not be governed by the United Nations Conventions on Contracts for the Sale of International Goods, if otherwise applicable.

 Jurisdiction. Subject to sections 10 and 13, the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia and any court that may hear appeals from those courts about any proceedings in connection with this Agreement.

Notice of claims. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12. Termination

User Account termination. You agree that Infini may, under certain serious circumstances and without prior notice, immediately suspend or terminate your User Account and/or access to the Services. Cause for such suspension or termination shall include, but not be limited to, (i) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (ii) requests by law enforcement or other government agencies, (iii) a request by you (self-initiated account deletions), (iv) discontinuance or material modification to the Services (or any portion thereof), (v) unexpected technical or security issues or problems, (vi) extended periods of inactivity, and/or (vii) non-payment of any fees owed by you in connection with the Services.

Effect of termination. Termination of your account may include (i) removal of access to all offerings within the Services, (ii) deletion of your information, files and Content associated with your account, and (iii) barring of further use of the Services. Further, you agree that all suspensions or terminations for cause shall be made in Infini’s sole discretion and that Infini shall not be liable to you or any third party for any suspension or termination of your account or access to the Services.

Cease and delete using Services. If we terminate your User Account and access to the Services you must (i) cease and stop your use of the Services; and (ii) delete or remove the Services from all computer and mobile devices in your possession.

13. International terms

These Services are controlled by Infini from its offices within Australia. Infini makes no representation that the Content or the Services are appropriate or available for use in other locations. Access to or use of the Content or the Services from territories where such access or use is illegal is prohibited. Those who choose to access the Services from locations outside of Australia do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of Australian export laws and regulations.

If you are not an Australian resident and you are accessing our Services from outside Australia, you agree to transfer certain information outside your location to us, and that you will follow all the laws that apply to you.

We provide our Services for a global community of users. Our servers and operations are, however, located primarily in Australia, and our policies and procedures are based primarily on Australian law. Because of this, the following provisions apply specifically to users located outside of Australia: (i) you consent to the transfer, storage, and processing of your information, including but not limited to Content and any User Profile data, to and in Australia and/or other countries; (ii) if you are using the Services from a location embargoed by the United States, listed by the United States as a prohibited or restricted party or are on the United States list of “Specially Designated Nations”, you are not authorised to access or make use of the Services; and (iii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the location in which you reside and the location from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or location where such distribution or use would be contrary to law or regulation, or which that would subject Infini or its affiliates to any registration requirement within such jurisdiction or location.

The names used for countries or regions in these Terms, our Privacy Policy and any associated features or documentation are based on the United Nations Terminology Database.

If you are a resident of the European Union, Hong Kong (SAR of China), Russia, New Zealand or South Korea: Notwithstanding anything in these Terms to the contrary, please note that certain jurisdictions may not allow the waiver or limitation of certain warranties, liabilities or damages under mandatory law, so some of the exclusions and limitations in these Terms may not apply to you. Nothing in these Terms limits or excludes our responsibility for (1) fraudulent representations made by us, (2) death or personal injury caused by our negligence or wilful misconduct, or (3) non-execution of any material contractual obligation.

If you are a resident of New Zealand: Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits or excludes our liability or your rights if you are a consumer for the purposes of the Consumer Guarantees Act 1993, or the Fair Trading Act 1986.

If you are a resident of Germany, France, Austria or Finland: Notwithstanding anything in these Terms to the contrary, the qualifier “to the maximum extent permitted by law” and other qualifiers of similar effect shall be deemed to be deleted from the Terms everywhere it appears and shall have no force and effect.

If you are a resident of Japan: Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits or excludes our liability or your rights if you are a consumer for the purposes of the Consumer Contract Act.

If you are a resident of South Korea: Notwithstanding anything in these Terms to the contrary, any modification to these Terms will be announced on the Infini website prior to the effective date thereof; provided if you do not express intent to refuse such modification or change after a reasonable period of time following such announcement, it is deemed that you have consented to such modification or change.

If you are a resident of the United States: The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through (i) good-faith negotiations; (ii) mediation (as set out above) both of which shall be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to the Infini’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt out of this agreement to arbitrate, all claims arising out of or relating to this Agreement and your use of the Services shall be finally settled by binding arbitration administered by ACICA in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Infini will pay the additional cost. You and Infini hereby expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Infini is a party to the proceeding. This dispute resolution provision will be governed by the International Arbitration Act 1974 (Cth).

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

14. Survival

If our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination, including without limitation Sections 2 (Ownership and Use of Content), 3 (Your Feedback), 6 (Proprietary Rights), 7 (Disclaimer of Warranties and Liability), 8 (Indemnification), 9 (Limitation of Liabilities), 10 (Dispute resolution), 11 (Governing law and jurisdiction), 14 (Survival), and 15 (General terms).

In the future we may change the structure of our company in order to better offer the Infini Services worldwide or because this makes economic sense for us. In this case we must be able to transfer our contracts with you to related parties. You hereby agree that if you use the Infini Services, we may transfer our contracts with you to related parties. We will inform you before this happens. The Infini Services will continue to be available to you as usual.

If there is a change in the ownership or voting rights in Infini as a whole or with respect to any of the Infini Services or their assets, we may transfer your information to the new owner. This applies in particular for the benefit of any legal successors in the event of a sale or other transfer of our business.

15. General terms

Amendments. Certain provisions of the Terms may be amended, supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Services. Infini reserves the right to update the Terms at any time and for any reason in its sole discretion. Infini will notify you of any material changes to the Terms or to any service or other features of the Services. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

Entire agreements. The Terms constitute the entire agreement between you and Infini with respect to your use of the Services.

Waiver. The failure of Infini to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

Severability. If any provision of the Terms is found by a court of competent jurisdiction to be void, voidable by a party, unenforceable, invalid, or illegal and would not be so if a word or words were omitted, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Contractual relationship. You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and Infini as a result of the Terms or your use of the Services.

Assignment. You may not assign, delegate or otherwise transfer your User Account or your obligations under these Terms without the prior written consent of Infini. Infini has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services.

Service of notices. Infini’s notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Section headings. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect.

Reserved rights. Any rights not expressly granted herein are reserved.

16. Contact us

If you have any feedback, questions, or comments about the Services, please contact us at Infini at hello@infini.green and include the subject as “Attn: – Infini Terms and Conditions of Use”. Please be sure to include in your email your full name, email address, postal address, and any message.