Infinify – terms and conditions

Updated: March 13, 2023

Introduction

These terms and conditions together with our privacy policy (the “Terms“) apply to Services (defined below) provided by Infinify Ltd. (C.N 516103512) (“Infinify”, “Company”, “we” or “us”). 

The Terms govern the relationship between the Participant and Infinify regarding your use of the Services.

By clicking on accept or similar or by registering, accessing, participating, or using our Services, the Participant agrees to be bound by the Terms and by other policy and legal notices that may be posted during the provision of the Services from time to time. You are only authorized to use the Services if you agree to abide by and do abide by all applicable laws and the Terms.

If the Participant does not agree to the Terms then the Participant must cease to continue to purchase and/or use and/or participate in any way in the Services.

THE SERVICES AND ALL MATERIALS CONTAINED IN THEM ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE.

Infinify reserves the right to change these Terms at any time without notice, except where prohibited by applicable law. Your continued access to or use of the Services following any changes to these Terms indicates your full acceptance of such changes. It is your responsibility to review these Terms regularly.

Infinify reserves the right to: (i) discontinue offering, and/or modify the Services at any time; and (ii) change, without notice, any information, material or content (including, but not limited to, features, formats, notifications, descriptions and reviews and/or any other content included or provided as part of the Services) at any time, and from time to time.

1. Definitions

“Confidential Information” means the information provided by the Company to a Participant or by a Participant to another Participant, or by a Participant to the Company, by any means or platform (including third party’s) in written, graphic, recorded, machine-readable, or other forms concerning the business, clients, suppliers, finances, and other areas of the other party’s business or products, including, without limitation, Course Materials (defined below), but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.

“Client” means the individual receiving the Services and the individual or any other legal entity purchasing the Services and anyone on their behalf.

“Consulting Services” means any consulting and professional mentoring services in the areas of strategy and product management provided by the Company received by any individual.

“Course” means any of the following, including a combination: (i) course provided by the Company in a classroom setting, (ii) a virtual classroom via any technological means, live or pre-recorded, to which the Participant attends in person, or (iii) a virtual self-learning courses in which access to Course Materials is granted to the Participant.

“Course Materials” means the information provided by Infinify as part of the Course in verbal, hard copy, or electronic form.

“Fees” means the fees paid by the Client to Infinify for the Services.

“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, logos, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.

“Mentoring” means a Mentoring service been provided by the Company’s designated persons. 

“Participant” means any Client and/or Volunteer participating in any Course and or receiving any Service by the Company and/or anyone on their behalf.

 “Services” means any Consulting Services or any Course and/or Mentoring and/or any Course Materials and/or any mentoring materials together with such other services that been provided or made available by the Company.

“Volunteer” means an individual that participates in the Courses or Services by providing Mentoring services, including help in the logistics and/or development of the Course or Service, or as otherwise shall be agreed between the Company and the Volunteer, without all receiving any fee from the Company and/or anyone on their behalf.

“Website” means any online information or forms submitted by us to the Participant, including any registration form.

2. The Services

2.1. A description of the Services together with the dates on which the Services will begin are provided separately. The Company and anyone on its behalf will provide the Services with reasonable care and skill per the description set out on the Website.

2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.

2.3 We expect each of the Participants to confirm that the Services will meet their needs. 

2.4 We do not make any guarantee to any Participant to obtain a particular result, professional qualification, or employment opportunity from purchasing and/or participating and/or completion of any of the Services.

3. Register to the Services

3.1. In order to register to any of the Services, the Participant must fill a relevant form via the Website or by any other form that will be sent to the Participant.

3.2. When a Client places an order for a Service via the Website, he/she is offering to purchase the Services on the Terms. Infinify reserves the right to cancel or decline the Client order or any part of the Client’s order at any time until it has been confirmed per clause 3.6 below.

3.3. When a Volunteer places an order for a Service as a Volunteer via the Website, he is offering to serve as a Volunteer. The Volunteer represents that he/she will receive no monetary benefits in return for the Volunteer service he/she provides, as described in clause 7 below.

3.4. Following receipt by us of the Client and/or Volunteer order for Services via the Website we will contact the Client and/or Volunteer, as applicable, confirming receipt of the relevant order. 

3.5. A legally binding agreement between the Company and the Client shall come into existence when we have accepted the Client’s offer to purchase Services from us by sending the Client an email confirming the purchase or the registration to the Service or after you receive a notification about the completion of filling out a questionnaire that was sent to the Client on behalf of the Company.

3.6. A legally binding agreement between the Company and the Volunteer shall come into existence when we have accepted the Volunteer’s offer to participate at the Services from us by sending the Volunteer an email confirming the acceptance of the Volunteer’s volunteering offer or after you receive a notification about the completion of filling out a questionnaire that was sent to the Volunteer on behalf of the Company.

4. Cancellation and Variation

4.1. Subject to clause 4.2 below, and to any applicable law, where we have accepted/confirmed the Services being purchased by the Client and formed a legally binding agreement with the Client per clause 3.4 above, then the Client are permitted within 14 working days starting on the day after the date we have concluded our agreement per clause 3.4, to cancel the Client’s participation in the Services, including the Client’s purchase, if applicable. 

4.2. Notwithstanding clause 4.1 above, the Client shall have no right to cancel the Client’s order if the Course commencement date is 14 days or less or in case Course Materials have been provided or access to which have been granted to the Participant.

4.3. Notwithstanding clauses 4.1 and 4.2 above, Both the Volunteer and the Company are entitled to cancel their engagement with each other at any time, subject to a 5 business days prior written notice unless agreed otherwise by both the Volunteer and the Company.

5. Fees by a Client

5.1. The Fees for the Services shall be as set out on the Website at the time the Client placed an order for them. 

5.2. Except where specifically stated otherwise on the Website, all Fees shall be exclusive of any amounts payable to any professional body for registration and examination entry. These are payable by the Client directly to the relevant professional body or examination board and we accept no responsibility or liability for the Client’s failure to book the Client exam with the relevant professional body or examination.

5.3. Fees for the Service shall be paid by a wire transfer to a designated bank account, or, upon an explicit request from us, shall be debited from the Client’s credit/debit card at the time of purchase. Fees must be paid in full before the Client is attending any Course or getting any Services.

5.4. The Client acknowledges that Infinify will have no responsibility for such claims arising, including (but not limited to) any claims regarding information that was disclosed within the framework of the Course or Service, by any of the participants or by the tutor.

6. Liability towards Clients

6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.

6.2. Although Infinify does its best to provide the Services to the highest standards of the industry, neither it, its officers, employees, Volunteers and nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programs or Course Materials and any reliance by the Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the Terms.

6.3. Except to the extent that they are expressly set out in these Terms, no conditions, warranties, or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties, or other terms apply (including any implied terms as to the satisfactory quality, fitness for purpose, or conformance with description).

6.4. Subject to clause 6.6 below, Infinify’s total liability arising from or in connection with these Terms and concerning anything which we may have done or not done in connection with these Terms and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Course or Services concerning which a dispute has arisen.

6.5  The Company and/or any of its representatives, officers, shareholders, employees, directors or subcontractors, shall not be liable, in any event, for any special, incidental, punitive, consequential or indirect damages, in connection with or arising out of the Services provided by the Company, including, without limitation, business interruption, or loss of profits, use, data or goodwill, however caused, on any theory of liability (whether based on breach of contract, warranty, tort, negligence, equity, product liability, or otherwise), and regardless of whether such party has been advised of the possibility of such damages or such damages were reasonably foreseeable.

6.6. Nothing in this Agreement shall exclude or limit Infinify’s liability matters which under Israeli law may not be limited or excluded.

6.7. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.

6.8. The Client hereby gives his or her consent, with no cost, to the Company to tag him or her in any social media or platform, with regards to the Services as well as to use any photo that is taken with regards to the Services. The Client further waives any rights in respect of such production and/or publication.

7. Representations and Warranties by the Volunteer

7.1   The Volunteer represents and warrants that he/she is eligible by law to provide Volunteer services to the Company, such services shall not breach any rights of third party and that he has no conflict of interest with the Company and/or anyone on their behalf.

7.2 The Volunteer represents and warrants not to harm the Company and or anyone on its behalf and/or their reputation, among their customers, employees, the Client, and/or any third legal entity including any person, starting the effective date of the legal document and indefinitely.

7.3 The Volunteer represents and warrants that he/she will not have any employment relationship with the Company regarding his/her Volunteer relationship. The Volunteer is an independent volunteer and not an employee of the Company. The Company shall not be responsible for the Volunteer’s acts while performing the Volunteer services, whether on the Company’s premises or elsewhere. The Volunteer shall indemnify the Company and hold it harmless against any liability, cost, or expense incurred by the Company by virtue of an allegation or determination that the Volunteer is an employee of the Company.

7.4 The Volunteer represents and warrants that he/she agrees that all Intellectual Property Rights and any patents, trademarks, copyrights, and other intellectual property and ownership rights in connection with the Services are and will be the sole property of the Company and its affiliates. The Intellectual Property Rights includes any new materials that the Volunteer will make during the Service and any advice that the Volunteer shall give during the Volunteer Services. The Volunteer acknowledges that he/she will not be entitled to any right, ownership, interest in information, knowledge, methods, process, intellectual property, trademarks, know-how, trade secrets, patents, of the Company and/or anyone on their behalf and/or of the Clients. Accordingly, the Volunteer shall not be entitled to use in any way, any of the above that has been disclaimed during the Volunteer Services, directly or indirectly, and not to deliver to any third party and/or to the public. During the Volunteer’s engagement by the Company and thereafter, the Volunteer will keep in confidence and trust all Intellectual Property Rights as well as the terms of the Volunteer engagement and will not use or disclose Intellectual Property Rights without the written consent of the Company, except as may be necessary for the ordinary course of performing Volunteer’s duties under the agreement. At the end of any relevant Service and/relationship between the Volunteer and the Company, the Volunteer shall return to the Company any Confidential Information in his/her possession and destroy or permanently delete any document or other material in tangible form in his/her possession that contains Confidential Information. 

7.5 The Volunteer represents and warrants that he/she gives exclusive, perpetual, royalty-free irrevocable license to the Company and/or anyone on their behalf, at any time, at their sole discretion to use any material and/or any information, document, software, database, etc., that have been provided by the Volunteer during the Volunteering Services and the Company and/or anyone on their behalf are entitled to publish and/or deliver all or part of the materials, to whom they desire to do so, by their sole discretion, in all forms and methods. The Volunteer hereby gives his or her consent to the Company to tag him or her in any social media or platform, with regards to the Services, as well as to use any photo that is taken with regards to the services.

8. Intellectual Property

8.1. All Intellectual Property Rights in the Course Materials and/or Services materials and the speeches made by trainers at the Services are and remain, the intellectual property of Infinify or its licensors, whether adapted, written for, or customized for the Client or not.

8.2. The Participants are not authorized to:

(i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission by the Company;

(ii) record on video or audiotape, relay by videophone or other means the Course provided;

(iii) use the Course Materials or any Company’s Intellectual Property Rights, whether given by us or any third party trainer, in the provision of any other course, training or any other services. For the avoidance of doubt, the Participants are not authorized to use any of the above also while participating in other courses or any other activity with the Company;

(iv) remove any copyright or other notice of Infinify and/or Noa Ganot on the Course Materials;

Breach by the Participant of this clause 8.2 shall allow us to immediately terminate these Terms with the Participant and cease to provide the Participant with any Services. It is hereby clarified, that Infinify will be entitled to record the Course, by any means, and it will be entitled to make any use at its sole discretion and choice, in these recorded materials and the Participant explicitly waives any claim regarding any kind of use that will be made by Infinify or anyone on its behalf.

8.3. In consideration of the Fees paid by the Client, we grant to the Client a limited, non-transferable, non-exclusive license to use the Course Materials and the Services materials and the software in respect of the Course for the sole purpose of completing the Course at a reasonable time. The Company does not undertake to update any of the Course Materials and it is the sole responsibility of the Participant to seek for any updates and not relying on the Course Materials. 

9. Confidentiality

9.1 Each party shall keep the Confidential Information strictly confidential and not use it otherwise than for these Terms and shall return it on demand and not retain copies of it.

9.2. Either party may disclose Confidential Information to its legal and other advisors to obtain advice from them.

9.3. The Participant is aware that by participating in the Course the Participant may be exposed to other parties’ confidential information and agree that such confidential information shall remain strictly confidential and shall not be discussed nor used in any matter and for any reason outside of the Course boundaries (e.g. classroom and formal communication channels of the Course). In addition, the Participant shall be solely responsible for any confidential information belongs to him/her or to any other third party that he/she may expose while participating in the Course and the Company shall not assume any responsibility for such exposure within or outside of the Course boundaries.

9.4. This clause shall continue notwithstanding termination of these Terms for any reason.

10. Termination between the Client and the Company

10.1. We shall be entitled to terminate these Terms and cease to provide the Client with any Services with immediate effect if the Client:

1. fails to pay when due to his/her Fees;
2. acts in an aggressive, bullying, offensive, threatening, or harassing manner towards any employee of Infinify, any teacher or lecturer who provides the Course or any Participant who attends any Course;
3. cheats or plagiarizes any work which the Participant is required to prepare or submit in connection with the Services;
4. steals or acts fraudulently or deceitfully towards us or our employees or our volunteers or any other Clients who may be on our premises or attending the Course;
5. intentionally or recklessly damages our property or the property of our employees or volunteers or other Clients attending the Course;
6. is intoxicated through alcohol or illegal drugs while on our premises;
7. is in breach of these Terms.

10.2. On termination clause 6 (liability), 8 (intellectual property rights), 9 (confidentiality), and 11 (restrictions) shall continue notwithstanding such termination.

10.3. The Client may terminate these Terms, subject to clause 4.2. and per the terms and provisions of the applicable Israeli consumer laws and regulations and other applicable laws as should be in effect from time to time.

11. Assignment of these Terms

Any Services provided to the Client by the Company and/or the Participant under these Terms are personal to the Client and cannot be transferred or assigned to any other person without the Company’s prior written consent at its sole discretion.

We shall be entitled to assign these Terms to any other company without prior notice to the Client and the Volunteer. For the avoidance of any doubt, we may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.

12. Entire Agreement

 These Terms are the entire agreement between the parties regarding the Services (and excluding any other business agreements) and supersede any prior agreements and arrangements, whether written or oral with regards to the Services. The Participant confirms not relying on any representations in entering into these Terms and any other terms and conditions with us. Nothing in this clause or the Terms shall limit liability for any fraudulent misrepresentation.

13. Force Majeure

Infinify shall not be liable to the Participant for any breach of its obligations or termination under these Terms arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes, pandemics and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course or service caused by a death in the teacher’s family, illness of the teacher, Government edict or regulation.

14. Law and Jurisdiction

This Agreement is subject to Israeli law and the parties submit to the exclusive jurisdiction of the Tel-Aviv courts in connection with any dispute hereunder.

If you have any question regarding the Terms, please contact us at office@infinify.com.