These are the terms and conditions subject to which we allow you to use Our Website.
By visiting or using Our Website, or signing up for our services, you agree to be bound by them. You may not use our website if you are under the age of 18 years.
If you violate these terms we may terminate your use of Our Website, bar you from future use of Our Website, cancel your order, and/or take appropriate legal action against you.
We are Infinite Growth Pty Ltd, a company registered in the Commonwealth of Australia, number 108 682 088.
Our address is PO Box 613, Merrylands NSW 2160.
Australian Business Number: 29 108 682 088.
You are: Anyone who uses Our Website or buys from us.
It is now agreed as follows:
In this agreement, the following words shall have the following meanings, unless the context requires otherwise:
"Content" means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
"Contribution" means Content Posted by you.
"Intellectual Property" means intellectual property owned by us or by any third party, of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights or for which application for registration has been made in any country.
"Our Website" means the entire computing hardware and software installation that is or supports Our Web Sites including any communication or peripheral system.
"Post" means place on or into Our Website any Content or material of any sort by any means.
"Licence" means a licence granted by us to you in the terms of this agreement for use of a Licensed Product.
"Licensed Product" means any product, material or thing offered for licence by us on Our Website, whether or not bought by you. A reference to "Product" shall be a reference to all or part of a Product or to a Product changed by you in any way.
"Service" means any service we sell from time to time, whether or not connected to a Licensed Product.
In this agreement the following meanings apply unless the context otherwise requires:
- a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
- a reference to a person includes reference to that person's successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
- in the context of permission, "may not" in connection with an action of yours, means "must not".
the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
- any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
all money sums mentioned in this agreement are calculated net of GST, which will be charged when payment is due.
these terms and conditions apply to all supplies of Licensed Products by us. They prevail over any terms proposed by you.
- this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Basis of Contract
If you use Our Website in any way on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
In entering into this contract you have not relied on any representation or information from any source except Our Website.
Unfortunately, we cannot guarantee that every Product advertised on Our Website is available. If at any time a Product becomes unavailable, we will immediately refund any money you have paid.
You acknowledge that you are satisfied that the Product you have selected is suitable and satisfactory for your requirements.
There is no contract between us for any free Service, so you do not become a client by using any free Service and we are not liable to you in any way resulting from your use of any free Service.
The price of any Product or Service may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy a Service.
Services will be delivered by your free download, by e-mail or by both of these, at our choice.
You agree that you are bound by these terms (or the latest version of them) for all future contracts with us, whether ordered through Our Website or in some other way.
You now agree that you commit a breach of this contract if you seek repayment of money paid to us by asking your credit card provider to credit back a payment made to us, without attempting to seek repayment from us first. In that event, you agree that you will owe us first the sum charged to us by our merchant service provider and secondly a sum based on time spent at $100 per hour in dealing with your breach. You also agree that this provision is reasonable.
The Contract between us comes into existence at the earlier of:
when we write to you to confirm that your order has been delivered; or
when you download the Product you have bought.
We may change this agreement and / or the way we provide a Product, at any time. If we do:
- the change will take effect when we Post it on Our Website. You are advised to check this page from time to time.
- if you make any payment for Products or Services in the future, you will do so under the terms posted on Our Website at that time.
4. If you buy Services as a consumer
You may have a right to cancel the contract. In that event, we will refund your payment in full by means of the same method as you paid us.
You have no right to cancel a contract to buy a downloaded Product because that transaction cannot be undone once the file has been made available to you.
5. Our charges for Services
Charges for Services are fixed whenever reasonably possible.
When we cannot provide a firm price, we will charge by the hour.
In that case all work done, including all letters, e-mails, faxes and telephone calls made and received will be charged on a time basis in minimum units of one tenth of an hour.
Estimates of money will be provided to you wherever possible.
6. Content you Contribute or Post to Our Website
You agree that you will not use or allow anyone else to use Our Website to Post a Contribution which is or may:
- be information which could promote or assist any unlawful purpose;
- be malicious or defamatory;
- consist in commercial audio, video or music files;
assist in or promote: emulators, hacking, password cracking, IP spoofing;
- be illegal, obscene, offensive, threatening or violent;
- be sexually explicit or pornographic;
- promote discrimination or animosity to any person on grounds of gender, race, religion, nationality, disability, sexual orientation or age;
- be likely to harass, intimidate, bully, upset, embarrass, alarm, annoy any other person;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
- solicit passwords or personal information from anyone;
- be used to sell any goods or services or for any other commercial use;
- be used to send any communication by automated email or otherwise;
- include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
- be incomplete or inaccurate or submitted otherwise than as requested by Our Website;
- request personal information from other users nor Post any unnecessary personal information about you or any user without his/her permission;
- link to any of the material specified above, in this paragraph.
7. Other restrictions
You agree that you will not use or allow anyone else to use Our Website:
- to sell or promote any product or service without our express written consent;
- in a way which violates the law of any country in which we operate, or which fails to comply with accepted Internet protocol;
- for spamming. Spamming includes, but is not limited to:
- the bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
- the use of distribution lists that include people who have not given specific permission to be included in such distribution process;
- excessive and repeated Posting off-topic messages to newsgroups;
- sending age-inappropriate communications or Content to anyone under the age of 18.
8. About Contributions Posted by you
You now confirm that:
- we may, at our discretion, read, assess, review or moderate any Contribution or Content Posted on Our Website. If we do, we need not notify you or give you a reason.
- you own all of the Contributions you Post;
- you understand that you are personally responsible for your breach of intellectual property rights, defamation, or any law, which may occur as a result of any Contributions having been Posted by you;
- you will immediately notify us of any security breach or unauthorised use of your account.
- you accept all risk and responsibility for determining whether any Contribution is in the public domain and not confidential.
- you irrevocably grant to us the right and licence to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any Contribution that you place on Our Website, throughout the World and in any medium.
- You represent and warrant that you are authorised to grant all such rights.
you agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Contribution as provided in the Copyright Act 1968.
- you now irrevocably release us from any right or claim of yours arising out of or in connection with any item of feedback, rating or other Contribution Posted by you.
9. Removal of offensive Content
For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities.
However, we may do so without notice to you and without giving you a reason.
If you are offended by any Content, the following procedure applies:
- your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
- we shall remove the offending Content as soon as we are reasonably able;
after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
- we may re-instate the Content about which you have complained or not.
- In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
- You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
10. Security of Our Website
We may, at our discretion or as part of a paid Service, give you permission to access Our Website for the purpose of Posting or uploading a Contribution or Content of some sort. We may read, assess, review or moderate any Contribution or Content Posted on Our Website. If we do, we need not notify you or give you a reason.
If you violate Our Website or use it unlawfully or immorally, we will take the strongest action against you that we can. By breaching this provision, you would commit a criminal offence under the Cybercrime Act 2001.Your action may also be unlawful in other countries, where you may accordingly be subject to extradition and criminal proceedings.
You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
- link to our site in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
- download any part of Our Website, without our express written consent;
collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
- for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
- use Our Website to hack into the computer of any other person or make contact with any other computer;
- make available or upload files that contain software or other material, data or information not owned or licensed to you, including pirated computer programs, pirated music or other media or links to any such files;
- make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, "Trojan horses", "worms" or any other harmful software;
upload or republish any part of our Content on any Internet, intranet or extranet site.
- hide or remove the banner advertisements on any page of Our Website;
- share with a third party any login credentials to Our Website;
- use on Our Website software which assists in:
data mining, extraction or collection;
- emulating, phreaking, hacking, password cracking, IP spoofing or over-loading Our Website;
- "framing", inserting pop-up windows, interstitial pages or advertisements, or similar techniques.
- performing any automated operation;
Despite the above terms, we now grant a licence to you to:
- create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any Product or Service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
- you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
11. Interruption to our service
If it is necessary for us to interrupt our Service, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.
You acknowledge that our Service may also be interrupted for many reasons beyond our control.
You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to our Service.
12. Intellectual Property
We will defend our Intellectual Property rights in all countries.
Except as provided in our Product Licence Terms, you may not copy, modify, publish, transmit, or sell, create derivative works from, distribute, perform, display, or in any way exploit any of our Intellectual Property or that owned by any third party and accessible to you via Our Website.
You may not use our name or logos or trademarks or any other content on any website of yours or that of any other person.
You agree that at all times you will:
- not to cause or permit anything which may damage or endanger our title to any of our Intellectual Property;
- notify us of any suspected infringement of the Intellectual Property;
- indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
- not use any name or mark similar to or capable of being confused with any name or mark of ours.
13. Disclaimers and limitation of liability
The law differs from one country to another. This paragraph applies so far as the applicable law allows.
All implied conditions, warranties and terms are excluded from this agreement.
Our Website includes Content Posted by third parties. We are not responsible for any such Posting. If you come across any Content which offends against this document, please contact us via the "Contact us" page on Our Website.
You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
We sell Products in good faith. But we make no representation or warranty that any Licensed Product will be:
- useful to you;
- of satisfactory quality;
- fit for a particular purpose;
- available or accessible, without interruption, or without error;
Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
We claim no expert knowledge in any subject.
We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
Our total liability under this agreement, however it arises, shall not exceed the sum of [$1,000]. This applies whether your case is based on contract, tort or any other basis in law.
We shall not be liable to you for any loss or expense which is:
- indirect or consequential loss;
- economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us.
If you become aware of any breach of any term of this agreement by any person, please tell us via the "Contact Us" page. We welcome your input but do not guarantee to agree with your judgement.
Nothing in this agreement shall be construed as limiting or excluding our liability for death or personal injury caused by our negligence.
14. You Indemnify Us
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
- your failure to comply with the law of any country;
- your breach of this agreement;
- any Content you Post to Our Website;
- any data you send or upload to Our Website for storage or any other purpose;
- a breach of the intellectual property rights of any person;
- your failure to conform to any relevant Internet protocol;
- any use of your site for a purpose forbidden by this agreement;
- any act, neglect or default by any agent, employee, licensee or customer of yours;
- a contractual claim arising from your use of the Licensed Products;
- and for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at $100.00 per hour without further proof.
15. Miscellaneous Matters
No amendment or variation to this agreement is valid unless in writing, signed by each of the parties or his/her authorised representative.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
If you are in breach of any term of this agreement, we may:
- publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers;
- and you now irrevocably give your consent to such publication.
- terminate your account and refuse access to Our Website;
- issue a claim in any court.
Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by fax or by e-mail.
It shall be deemed to have been delivered:
- If delivered by hand: on the day of delivery;
- If sent by post to the correct address: within 72 hours of posting;
- If sent by fax to the correct number: within 24 hours;
- If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
This agreement does not give any right to any third party except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies.
We are not liable for any failure or delay in performance of the contract/arrangement which this Product enables, nor for any circumstance beyond our reasonable control, including any labour dispute.
The validity, construction and performance of this agreement shall be governed by the laws of the State of New South Wales and you agree that any dispute arising from it shall be litigated only in the State of New South Wales.
Product Licence Terms
We are Infinite Growth Pty Ltd, a company registered in Australia, number 108 682 088.
Our address is PO Box 613 Merrylands NSW 2160.
Australian Business Number: 29 108 682 088.
You are: Anyone who buys a licence from us.
These are the agreed terms
These Product Licence Terms are supplemental and additional to the terms and conditions (the "T&C") relating to use of our website. By buying or using any Licensed Product, you agree to be bound by them.
In this agreement, the definitions in the T&C apply. In addition, the following words shall have the following meanings, unless the context requires otherwise:
"Copy or Publish" with reference to a Licensed Product, means reproducing or publishing in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping or any other change or use as part of some other created work.
"Restrictions on Use" means first, the restrictions set out in this agreement and second, all restrictions or limitations arising from choices you made at the time of purchase. These may relate to limitations on use, territory, duration, or any other choice which defines the Licensed Product.
"Licence" means a licence granted by us to you in the terms of this agreement for use of a Licensed Product.
"Licensed Product" means any product, material or thing offered for Licence by us on Our Website, whether or not bought by you. A reference to "Product" shall be a reference to all or part of a Product or to a Product changed by you in any way.
The interpretation and definition provisions of the T&C apply also to this agreement.
3. The Licence
You confirm that you have power to enter into this agreement and have obtained all necessary approvals to do so.
In entering into this contract you have not relied on any representation or information from any source except that on Our Website.
We do not offer the services in all countries. We may refuse a Licence if you live in a country we do not serve.
If any information you give us is inaccurate, your Licence is automatically terminated and no refund of money will be due to you.
Subject to the terms of this agreement, we grant to you a licence to use a Licensed Product.
This Licence is limited by the Restrictions on Use. You agree to comply with all Restrictions on Use no matter how communicated to you.
No express or implied licence of the Licensed Product or any other material is granted to you other than the express Licence granted in this agreement.
4. Limitations and permissions on Licences
You must not sub-license a Licensed Product.
You must not Copy or Publish a Licensed Product except as specifically allowed in this agreement.
You may not allow any other person to use a Licensed Product except in the situation or context for which you have bought it.
You may not represent or give the impression that you are the owner or originator of any Licensed Product.
You may not remove any identification or reference number or other information which may be embedded in any file of a Licensed Product.
Every publication or appearance of a Licensed Product on a website must be protected as far as the law allows by separate, specific or general provisions against copying or publishing.
We allow you to use the definition of "Copy or Publish" used in this agreement.
You may not use a Licensed Product:
- except for the use specified at the time of purchase;
- in a context which is pornographic;
- containing a human model in any way which might degrade that person in the eyes of a reasonable viewer;
- in part or as a whole, as a logo or otherwise to incorporate it in any intellectual property of yours;
- in an application for mobile/cell phone use, except as part of a marketing programme based on a website;
- for a secondary use, for example on social networks;
5. Freedom to use
Despite the above limitations, you may copy a Licensed Product:
- once for the purpose of system maintenance or to show or share with some other person who has a business interest in it;
- to a contractor of yours whose contract is to work on the project or purpose for which you have bought the Licensed Product. In this case the Licence extends only to that project or purpose. If this happens, you remain liable to us in every way for the acts and omissions of your contractor. We advise you to obtain an appropriate agreement from your contractor to protect you in this regard.
6. Copyright and other Intellectual Property
You agree that at all times you will:
- not to cause or permit anything which may damage or endanger our title to any Licensed Product or other Intellectual Property or the title of any third party owner whose work has been made available to us as a Licensed Product;
- notify us of any suspected infringement of the Intellectual Property.
If you use a Licensed Product in a way not allowed by this agreement we may take legal action anywhere in the World. If loss to us or any other person results from your wrongful action, you will be liable to pay.
If we terminate the Licence on account of your breach, you agree that you will:
- immediately stop using the Licensed Product;
- destroy all copies of the Licensed Product in your possession or control;
- destroy any work of yours derived from a Licensed Product.
To give assurance both to you and to us that you are using the Licensed Product in accordance with the terms of the Licence, you agree that you will give us copies of your works and materials containing or using a Licensed Product. We will give you 7 days notice of this requirement. You agree also to provide access to relevant pages which have restricted access or are fire-walled.
If we reasonably believe that you are using a Licensed Product outside the scope of this Licence, you agree to provide written confirmation of your compliance, in a form to be drawn by us.
You may not assign, delegate, sub-contract, mortgage, charge or otherwise transfer any or all of its rights and obligations under this agreement without our prior written consent, except that:
- You may assign and transfer all your rights and obligations under this agreement to any person to which you transfer all of your business, provided that the assignee undertakes in writing to the other party to be bound by your obligations under this agreement.
8. Miscellaneous Matters
You undertake to provide to us your current land address, e-mail address, telephone and fax numbers as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
No amendment or variation to this agreement is valid unless in writing, signed by each of the parties or his authorised representative.
So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
For the purposes of data protection laws and any comparable law of any other country having jurisdiction and relating to the location of data processing, you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data in any country.
If you are in breach of any term of this agreement, we may terminate any Licence of a Licensed Product.
In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.