Terms and Conditions

Last updated: 1 October

1. Acceptance of Terms

By accessing and using this website ("Site") operated by Infinite Kinetic Enterprises Pty Ltd ("we", "us", or "our"), you agree to comply with and be bound by these Terms and Conditions ("Terms"). If you do not agree with any part of these Terms, you must not use the Site.

2. Use of the Site

You agree to use the Site for lawful purposes only and in a manner that does not infringe the rights of, restrict, or inhibit the use and enjoyment of the Site by any third party. Prohibited behavior includes:

• Harassing or causing distress to any person.
• Transmitting obscene or offensive content.
• Disrupting the normal flow of dialogue within the Site.

You are responsible for ensuring that all persons accessing the Site through your internet connection are aware of these Terms and comply with them.

3. Intellectual Property Rights

All content on the Site, including text, graphics, logos, images, audio clips, video clips, data compilations, and software, is the property of Infinite Kinetic Enterprises Pty Ltd or its content suppliers and is protected by Australian and international copyright, trademark, patent, and other intellectual property laws.

You may view, download, and print material from the Site for your personal, non-commercial use only, provided you keep all copyright and proprietary notices intact. Any other use of the content, including reproduction, modification, distribution, transmission, or republication, without our prior written consent, is strictly prohibited.

4. Disclaimer of Warranties

The Site and its content are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. We make no representations or warranties regarding the accuracy, completeness, reliability, or suitability of the information and materials found on the Site for any particular purpose.

We do not warrant that the Site will be uninterrupted, error-free, secure, or free from viruses or other harmful components. Your use of the Site is at your own risk.

5. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Site, including but not limited to:

• Loss of profits, revenue, or data.
• Business interruption.
• Loss of goodwill or reputation.
• Cost of procurement of substitute goods or services.

This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.

6. Indemnification

You agree to indemnify, defend, and hold harmless Infinite Kinetic Enterprises Pty Ltd, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your use of the Site, violation of these Terms, or infringement of any intellectual property or other rights of any person or entity.

7. Third-Party Links and Content

The Site may contain links to external websites or resources provided by third parties. These links are provided for your convenience only, and we have no control over the content or availability of such sites. We do not endorse, approve, or make any representations about third-party sites or their content.

Your use of third-party websites is subject to the terms and conditions and privacy policies of those sites. We are not responsible for any loss or damage that may arise from your use of third-party sites.

8. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.

9. Changes to the Site and Terms

We reserve the right to modify, suspend, or discontinue any part of the Site at any time without notice. We may also revise these Terms from time to time by updating this page. Changes will be effective immediately upon posting. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.

10. Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, if you breach any of these Terms. Upon termination, your right to use the Site will cease immediately.

11. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in New South Wales for the resolution of any disputes arising out of or relating to these Terms or your use of the Site.

12. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

13. Entire Agreement

These Terms constitute the entire agreement between you and Infinite Kinetic Enterprises Pty Ltd regarding your use of the Site and supersede all prior agreements, understandings, or representations, whether written or oral.

14. Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Infinite Kinetic Enterprises Pty Ltd.

15. Contact Us

If you have any questions, comments, or concerns about these Terms or the Site, please contact us at:

Email: info@infinitekinetic.com

16. Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, notices, and updates. You agree that all communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

17. User-Generated Content

If the Site allows users to post comments, reviews, or other content ("User Content"), you are solely responsible for the User Content you submit. You agree not to post any User Content that is:

• Illegal, harmful, threatening, abusive, harassing, defamatory, or obscene.
• Infringing on the intellectual property rights of others.
• Containing viruses, malware, or any harmful code.

We reserve the right to remove or edit any User Content at our discretion.

18. Prohibited Activities

You agree not to engage in any of the following activities:

• Using the Site for fraudulent purposes.
• Accessing or collecting data from the Site using automated means without our permission.
• Attempting to gain unauthorized access to the Site or its systems.
• Interfering with the proper functioning of the Site.

19. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.

20. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, civil unrest, labor disputes, or interruptions in telecommunications or internet services.