TERMS AND CONDITIONS FOR INFINITE PRESENCE (ABN 19 669 897 974)
1. About the Website
Welcome to www.infinitepresence.com.au (Website). The Website is operated by Infinite Presence
Pty Ltd (ABN 19 669 897 974) (Infinite). Any information, documents or content provided by Infinite
is general information. By accessing and/or using the Website and related services, you agree to
these Terms and Conditions, which include our Privacy Policy (“Terms”). In these Terms, "us", "we" and
" our" means Infinite and our related bodies corporate.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to
accept or agree to the Terms where this option is made available to you. Infinite has the right to
modify the policies, conditions, payments, fees and these Terms at any time.
3. Accuracy, completeness and timeliness of information
The information on our Website and the growing resources are not intended to provide a
comprehensive summary of the subject matter covered. The content on the Website does not replace
the face to face relationship with your medical professional or healthcare practitioner. We encourage
you to seek advice from your medical professional or healthcare practitioner in addition to the advice
we provide you.
Third parties may be permitted to post content on our Website. While we use all reasonable attempts
to ensure the accuracy and completeness of the information on our Website, to the extent permitted
by law, including the Australian Consumer Law (ACL), we make no warranty regarding the
information. You should monitor any changes to the information contained on this Website. We are
not liable to you or anyone else if interference with or damage to your computer systems occurs in
connection with the use of this Website or a linked website. You must take your own precautions to
ensure that whatever you select for your use from our Website is free of viruses or anything else
(such as worms or Trojan horses) that may interfere with or damage the operations of your computer
systems.
4. Purchase of Products or Services
(a) Where the option is given to you, you may make payment for the products or services (the
“Fee”) by way of a third-party electronic payment system embedded on the Website or by
direct transfer.
(b) In using the Website or when making any payment, you warrant that you have read,
understood and agree to be bound by the third party’s terms and conditions which are
available on their website (if applicable).
(c) You acknowledge and agree that where a request for the payment of the Fee is returned or
denied, for whatever reason by your financial institution or is unpaid by you for any other
reason, then you are liable for any costs, including banking fees and charges or debt
collection costs, associated with the Fee.
(d) Once Infinite has confirmed payment of the Fee, you will receive a receipt as confirmation,
and Infinite may retain your purchase details for future reference.
5. Refunds and Returns
(a) If an event is cancelled or rescheduled before the scheduled start date and time, for any
reason whatsoever, refunds or partial refunds may be issued and Infinite will communicate
with ticket holders directly.
(b) Infinite will not be liable for any loss or damage arising from any cancellation, rescheduling or
alteration of an event.
6. Warranty
(a) Infinite will use its best efforts and take all reasonable steps to help you achieve the desired
results. However, Infinite makes no warranty that the program, event or services will meet
your requirements or that all clients will achieve the same results.
(e) To the maximum extent permitted by law, including the ACL, we make no warranties or
representations about the products or services including but not limited to warranties or
representations that they will be complete, accurate or up-to-date, that all the services will be
provided and that access will be uninterrupted or error-free.
(f) You acknowledge that some of the services are provided by third parties. We can make no
guarantee in relation to the third parties. We hold no liability to you as a result of any conduct
of the contractors or agent or the misuse by any party.
(g) You acknowledge that you take full responsibility for your decisions. You agree that Infinite
shall not be held responsible for any damage or loss. You agree to assume all risks and
agree that no liability will be attached to Infinite for any loss or damages to your health or your
business.
(h) Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or
remedy conferred on you by the ACL or any other applicable law that cannot be excluded,
restricted or modified by agreement. Subject to those rights that cannot be excluded under
the ACL, our liability for a breach of a non-excludable condition or warranty is limited, at our
option, to the supply of equivalent services or the repair of the services.
(i) In no circumstances are we liable for any special, indirect or consequential loss, even if you
advise Infinite of any special circumstances or such loss was reasonably foreseeable.
7. Copyright and Intellectual Property
(a) You acknowledge that the Website, the products, services, Infinite’s name, and any logos,
designs, text, graphics, software, content, files, materials, and any other intellectual property
rights contained therein, including without limitation, any copyrights, patents, trademarks,
proprietary or other rights arising thereof, are owned by Infinite or its affiliates, licensors, or
suppliers whether displayed on the Website, membership site, social media accounts, blog,
podcast or on any other related platform (Content).
(b) You hereby indemnify and agree to keep indemnified Infinite against all liability, losses or
expenses incurred by Infinite in relation to or in any way directly or indirectly connected with
any breach of intellectual property rights of Infinite or any third party by you.
(c) You may not, without the prior written permission of Infinite and the permission of any other
relevant rights owners, broadcast, republish, up-load to a third party, transmit, post, distribute,
show or play in public, adapt or change in any way the Content for any purpose.
(d) For any services which enable you to use the Content owned or licensed by Infinite, we grant
you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to
access and use the Content for non-commercial use only.
8. Privacy
Infinite takes your privacy seriously. .We collect personal information about you in order to respond to
your enquiry or provide you with further information and for purposes otherwise set out in our Privacy
Policy.
9. General Disclaimer
(a) Any information, advice, content or documentation provided on the Website, through the
services or within products, programs, social media accounts, podcast, blog or on any other
related platform do not constitute professional, financial, business or other advice, and are
provided for general information and guidance purposes only.
(b) All care is taken in the preparation of the information and published materials on the Website,
through the services or within products, programs, social media accounts, podcasts, blogs, or
on any other related platform. Infinite does not make any representations or give any
warranties about its accuracy, reliability, completeness or suitability for any particular
purpose.
(c) To the extent permissible by law, Infinite will not be liable for any expenses, losses, damages
(including indirect or consequential damages) or costs which might be incurred as a result of
the information being inaccurate or incomplete in any way and for any reason or your reliance
on the information, advice or documentation on the Website, products, programs, social
media accounts, podcasts, blogs or on any other related platform.
(d) You acknowledge that Infinite does not make any terms, guarantees, warranties,
representations or conditions whatsoever regarding the products or programs.
(e) Subject to this clause, and to the extent permitted by law, all terms, guarantees, warranties,
representations or conditions which are not expressly stated in these Terms are excluded;
and Infinite will not be liable for any special, indirect or consequential loss or damage (unless
such loss or damage is reasonably foreseeable resulting from our failure to meet an
applicable consumer guarantee), loss of profit or opportunity, or damage to goodwill arising
out of or in connection with the purchase services or these Terms (including as a result of not
being able to use the purchase services or the late supply of the purchase services), whether
at common law, under contract, tort (including negligence), in equity, pursuant to statute or
otherwise.
(f) Use of the Website, the purchase services, and any of the products or programs of Infinite is
at your own risk. Everything on the Website, the services, and the products and programs of
Infinite are provided to you on an “as is” and “as available” basis, without warranty or
condition of any kind. None of the affiliates, directors, officers, employees, agents,
contributors, third party content providers or licensors of Infinite make any express or implied
representation or warranty about its content or any products, programs or purchase services
(including the products, programs or purchase services of Infinite) referred to on the Website.
This includes (but is not restricted to) loss or damage you might suffer as a result of any of
the following:
i. failure of performance, error, omission, interruption, deletion, defect, failure to correct
defects, delay in operation or transmission, computer virus or other harmful
component, loss of data, communication line failure, unlawful third party conduct, or
theft, destruction, alteration or unauthorised access to records
ii. the accuracy, suitability or currency of any information on the Website, the purchase
service, or any of its Content related products (including third party material and
advertisements on the Website);
iii. costs incurred as a result of you using the Website, the services or any of the
products or programs;
iv. the Content or operation with respect to links that are provided for your convenience;
v. any failure to complete a transaction, or any loss arising from e-commerce transacted
on the Website; or
vi. any defamatory, threatening, offensive or unlawful conduct of third parties or
publication of any materials relating to or constituting such conduct.
10. Limitation of Liability
(a) Infinite’s total liability arising out of or in connection with the purchase services or these
Terms, however arising, including under contract, tort (including negligence), in equity, under
statute or otherwise, will not exceed the most recent purchase price paid by you under these
Terms or where you have not paid the purchase price, then the total liability of Infinite is the
resupply of information or purchase services to you.
(b) You expressly understand and agree that Infinite, its affiliates, employees, agents,
contributors, third party content providers and licensors shall not be liable to you for any
direct, indirect, incidental, special consequential or exemplary damages which may be
incurred by you, however caused and under any theory of liability. This includes, but is not
limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or
business reputation and any other intangible loss.
11. Indemnity
You must indemnify Infinite, its affiliates, employees, agents, contributors, third party content
providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including
legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with
you;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or
attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
12. Events Beyond Control
Neither party shall be liable to the other party for any loss where such failure is occasioned by causes
beyond its reasonable control including but not limited to by fire, flood, riot, strike, war, pandemic,
restrictions and prohibitions or any other actions by any government or semi government authorities.
13. Dispute Resolution
We hope that any differences between us can be resolved amicably through phone or email
communication. However, in the event of a dispute, you agree that your sole remedy will be a full
refund of your payment. No consequential or other types of damages may be awarded to you
14. Governing Law
These Terms are governed by the laws of Victoria, Australia. Any dispute arising out of or in any way
relating to these Terms will be governed pursuant to the laws of Victoria,
