TERMS OF SERVICE

Effective Date: July 21, 2021

OVERVIEW

This website is operated by Infin. Throughout the site, the terms “we”, “us” and “our” refer to Infin. Infin offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.

SECTION 5 - SERVICES

Infin Accounting provides bookkeeping services for business organizations. By using the Services, you acknowledge and accept that Customer Data may be transferred, stored, and processed internally with respect to data laws in our operating jurisdictions. All data stored in our facilities are processed and maintained with industry security standards.

5.1 Acceptance use

Customers (a) shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Infin Service; (b) shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Infin Service; (c) shall not access the Infin Service in order to build a similar or competitive Infin Service; and (d) except as expressly stated herein, no part of the Infin Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Infin Service shall be subject to these Terms. All copyright and other proprietary notices on the Infin Service must be retained on all copies thereof. The Company reserves the right to change, suspend, or cease the Infin Service with or without notice to you. You approved that the Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

5.2 Year-end Bookkeeping Services

Infin will only provide certain year-end bookkeeping services (e.g. standard full-year financial statements for tax returns, year-end annual adjustments, trial balance) if you are already a subscribed customer for the quarter following the calendar year end. If you are not already a subscribed customer for the quarter following the calendar year end, year-end bookkeeping services will not be provided to you. In this case, Infin assumes no responsibility or liability for your year-end bookkeeping services.

5.3 Third-Party services and Login Information

By creating an account with Infin, Customer accepts and acknowledges that Infin is given permission, and a limited power of attorney, to use the encrypted login information (username, password) to facilitate the provision of our Services. We may only access, transfer, reformat and make other changes to your account on your behalf when performing obligations identified with our Services provided to you.

5.4 Exclusivity

By using our Service, you acknowledge and agree that Infin is the appointed exclusive third-party bookkeeper. This agreement is to prevent any unwanted modifications to your books that may cause errors and inconsistencies. If you choose to make modifications to your books from a third-party service provider or yourself, Infin does not take responsibility for any errors in connection to the modifications. Infin may terminate the Service provided to you at any time by notice to you through the Account, by email or other electronic notice. In this case, any prepaid fees for the subscribed months of the Services will be non-refundable.

SECTION 6 – PAYMENT

By using this Service, you authorize the collection of payment of fees for the Service provided to you from a credit card, debit card, ACH or other means of payment. Fees do not include taxes the Customer may be responsible for. All payment obligations are non-cancelable and all payments of fees are non-refundable and non-creditable except as otherwise expressively stated in this Agreement. In the event of unpaid fees when due, Infin reserves the right to terminate or suspend the Service provided and charge interest to fees not paid within 30 days of the due date at the rate allowed by the applicable law.

SECTION 7 – Mutual Confidentiality and Non-Disclosure

7.1 Confidential Information

Confidential Information between the recipient (Infin and you) shall only be used as required to accomplish the intent of this agreement. Any reproduction of any Confidential Information of the other Party shall remain the property of the disclosing Party and shall contain any and all confidential or proprietary notices or legends which appear on the original. Confidential Information refers to all non-public information (e.g. Customer Data) disclosed or provided by one party to the other, either orally or in writing, in connection with any aspect of the Services, including without limitation, service processes, designs, plans and policies. Each recipient shall take reasonable actions to keep all Confidential information of the other party strictly confidential other than individuals whose access is necessary to fulfill obligations in connection to this Service.

7.2 Disclosure of Confidential Information

Neither party shall disclose the Confidential Information of the other party without the prior written approval of the other Party.

The recipient shall use commercially reasonable efforts to disclose Confidential Information only when (i) there is the prior written approval of the other Party other than individuals who must know such information to fulfill obligations in connection to this Service; (ii) it is required by applicable law or regulation or by legal process to be disclosed or (III) it is in compliance, in whole or in part, with the terms of this Agreement.

In the event of disclosure in connection with legal processes, the recipient shall provide the other party with a notice.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

There may be times when information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Infin , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Our liability shall be limited to the maximum extent permitted by law, the entire liability of the Infin entities for all claims related to the services and this agreement shall be limited to the amount you paid for the services during the twelve (12) months prior to such claim or Fifty Dollars CAD, whichever is greater.

SECTION 14 – INTELLECTUAL PROPERTY RIGHTS

The software, Infin materials, workflow processes and other technologies performed as part of the Infin services shall be the sole and exclusive property of Infin, and its licensors. Infin retains all rights expressly granted under this Agreement. You are not permitted to create any form of derivative works of the Software or Infin materials. Any unauthorized modifications of the Software or Infin materials shall remain the intellectual property rights of Infin. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

SECTION 15 – DISPUTES; CLASS-ACTION WAIVER

15.1 Judicial forum for disputes

With the exception of what is set forth in Section 11.5 (Arbitration), you and Infin agree without dispute any and all encompassing claims with relation to these terms or the Services may only be brought in the federal or provincial courts of the City of Vancouver, British Columbia, contingent on the mandatory arbitration provisions below. Both parties (You and Infin) consent to venue and personal jurisdiction in such courts.

15.2 Notice of disputes

If you have a dispute with Infin, you will promptly communicate this with your us immediately and we will communicate to you a method of sending a written dispute letter.

15.3 Informal resolution

Before the formal application of a claim, you and we are in agreement to attempt to come to a resolution for the dispute in the way of contacting the opposing party through the notice procedures in Section 11.2 (Notice of disputes). If there is no resolution to the informal dispute within thirty days of the notice being received, you and we may only then bring a formal proceeding in regards to the claim.

15.4 Arbitration

You and Infin are wholly in agreement as to the resolution of any and all claims with relation to this Terms of Service or any agreement upon use or access to Infin services. The agreement of resolution to any and all claims, as set forth in the above, is through final and binding arbitration, except where stated below. The Vancouver International Arbitration Center (VanIAC) will administer the arbitration under its Domestic Arbitration Rules. The arbitration will be held in Vancouver(BC), or any other location both parties agree to in writing.

15.5 Exception to arbitration

You or Infin may bring a lawsuit in the federal or provincial courts of the City of Vancouver, British Columbia exclusively for injunctive relief to halt unauthorized use or misconduct of the Services or infringement of Intellectual Property Rights without the initial engagement of the informal dispute notice process expressed in the above sections.

15.6 NO CLASS ACTIONS

You are in full agreement without dispute that you may only conclude disputes with relation or arising from the Services with the Infin Entiites on an individual basis and will not bring a claim in a class, consolidated, or representative action.

15.7 30-day opt-out period

If Infin implements any changes to this Section 15.8 (or successor section and not including Section 15.2 (Notice of Disputes)), you may reject any such change by notifying us via the procedure set forth in Section 15.7 (30-day opt-out period) within 30 days of the change. It is not necessary to submit a rejection of a future change to this Section 15 if you have properly opted out of arbitration in compliance with the requirements of Section 15.7 (30-day opt-out period).

15.8 Future changes to this dispute resolution agreement

If Infin implements any changes to this Section 11 (or successor section and not including Section 11.2 (Notice of Disputes)), you may reject any such change by notifying us via the procedure set forth in Section 11.8 (30-day opt-out period) within 30 days of the change. It is not necessary to submit a rejection of a future change to this Section 11 if you have properly opted out of arbitration in compliance with the requirements of Section 11.8 (30-day opt-out period).

SECTION 16 - INDEMNIFICATION

With the exception of where Infin is responsible for wilful misconduct, or is grossly negligent, You agree to indemnify, defend and hold harmless Infin and any entities including, but not limited to, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including all attorneys’ fees and any associated costs, made by any third-party or you, due to or arising out of, your breach of these Terms of Service, or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 – TERM AND TERMINATION

18.1 Term

The term of this agreement is effective when the Customer accepts this Agreement, and shall remain in force until all valid subscriptions are expired or terminated in accordance with the terms provided below. Your Paid Subscription will automatically renew each month or year without notice, in connection to your preferences (monthly or annual payment) unless you have requested cancelation of Services (via support@infinaccounting.com) at least 7 days for monthly or quarterly subscriptions and at least 30 days for annual subscriptions before the subscription renewal date. We may change the subscription fees for each monthly or yearly renewal term, and we will notify you 30 days in advance of any change of fees with the option to cancel. If you do not request cancelation within this 30 day period, you will have accepted the new fees and authorize us to automatically charge you the new price.

18.2 Termination

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

For up to 30-days after termination, and upon request, Infin will make the Infin Service available for Customer to export Customer Data. At the end of the 30-day period, Infin has no obligation to maintain the Customer Data, Customer and its users shall cease using the Infin Services and Infin shall cease providing the Infin Services.

SECTION 19 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of British Columbia.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. For any material changes, Infin will notice you 30 days in advance. The changes are effective after the 30 days period or the stated effective date, whichever is later. If you do not notify us of any objections within the 30 day period, you accept these new effective terms.

SECTION 22 - MISCELLANEOUS

22.1 Assignment

Neither this Agreement nor any of the rights or obligations under this Agreement, may be assigned or delegated, in whole or in part, by operation of law or otherwise, by any party hereto without the prior written consent of the other parties hereto, and any such assignment without such prior written consent shall be null and void.

22.2 Electronic notices

Communication with you will be done through either email or the Services web application. You are responsible for the validity of your email address for your Services account so we can communicate with you in connection with the Services provided.

SECTION 23 - DEFINITIONS

“Service”: defines any and all encompassing correspondence, access, and but not limited to, the delivery of materials from Infin to you, or any other related third parties in relation to you or Infin.

“Account”: defines the method of access and usage granted to the user by Infin through an electronic method. The account will be uniquely identified to you as the user.

“Affiliate”: means an entity that controls, is controlled by or is under common control with a party, where & “control”; means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

"Confidential Information": means any information disclosed by either party to the other party, either directly or indirectly, in writing, orally or by inspection of tangible objects (including, without limitation, documents, prototypes, and samples), which is designated as "Confidential," "Proprietary" or some similar designation. Confidential Information may also include information disclosed to a disclosing party by third parties. Confidential Information shall not, however, include any information which (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (ii) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (iii) is already in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party’s files and records immediately prior to the time of disclosure; (iv) is obtained by the receiving party from a third party without a breach of such third party's obligations of confidentiality; (v) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information, as shown by documents and other competent evidence in the receiving party's possession; or (vi) is required by law to be disclosed by the receiving party, provided that the receiving party gives the disclosing party prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.

"Control": means control of greater than 50% of the voting rights or equity interests of a party.

"Customer Data": means any content, materials, data and information from You.

"including": means including, without limitation.

"Legal Process": means an information disclosure request made under law, governmental regulation, court order, subpoena, warrant, or other valid legal authority, legal procedure, or similar process.

"Infin", "we", and "us": means Infin Accounting Ltd.

"You": means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@infinaccounting.com.