Terms & Conditions

infinMart imposes extremely strict policies for both Vendors (sellers) and Buyers to prevent frauds, scams, policy violators or abusers, and/or any types of criminal activities that take advantage of businesses and/or interfere with fair business conduct! All of our policies are based on sensible and reasonable logic, laws, and regulations. infinMart is currently developing a series of violation/abuse tiers systems which will implement for both Vendors and Buyers soon. The purpose of this coming new tiers system is to help buyers and vendors to identify each other trustworthiness before both ends conduct any business. When this new tiers system begins vendor and buyer will have a whole new rating and ranking system that will display each all past transactions history, delivery time frame, return rating, number of policy violation, vendor & buyer overall reputations, the right to accept or deny orders upon individual overall rating and reputation and etc… Upon releasing this new tier rating and ranking system all users will be notify ahead of time. infinMart reserved all rights to serve or not to serve anyone based on our sole discretion.

In order to use the Services as a buyer or a customer, you must be 18 years old or older (or the age of consent set by applicable law) and be of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). Read more on User Requirements

Infinmart and its corporate affiliates: (i) operate online marketplaces also available in the form of app that operates with systems like Android or iOS, or on standard web or mobile web; (ii) develop and provide other services and products. In this policy we refer to infinMart as “infinMart.com” or “infinMart” or “InfinMart” or “infinmart” or “we” or “us.” We refer to end users as “you” or “user(s)” or “consumer(s)” and the entities that list and sell items as “Seller(s)” or “Vendor(s)” or ” Merchant(s).”

 

Quick Links:

➡️Vendor Terms of Service and Agreement⬅️

➡️Prohibited Categories/Products⬅️

➡️Copyright & Intellectual Property Policy⬅️

➡️InfinMart Endorsement Guidelines⬅️

 

Terms & Conditions (general overview)

We provide services to you subject to the notices, terms, and conditions set forth in this agreement. Besides, you will obey the rules, guidelines, policies, terms, and conditions applicable to such services before you use them. We reserve the right to change this site and these terms and conditions at any time.

Before proceeding, please read this agreement because accessing, browsing, or otherwise using the Site indicates your agreement to all the terms and conditions in this agreement.

You shall not upload, distribute, or otherwise publish through this Site any Content, information, or other material that (a) includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, discriminatory, or could give rise to any civil or criminal liability under the laws of the U.S. or the laws of any other country that may apply; or (c)violates or infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person. infinmart.com may give you an account identification and password to enable you to access and use certain portions of this Site. Each time you use a password or identification, you are deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this agreement, and infinmart.com has no obligation to investigate the source of any such access or use of the Site.

By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under 18 years old, please use this Site only under the supervision of a parent or legal guardian. Subject to the terms and conditions of this agreement, hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your Internet browser only for the purpose of shopping and not for any commercial use or use on behalf of any third party, except as explicitly permitted by infinmart.com in advance. Any violation of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Unless explicitly permitted by our company in advance, all materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business. We reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that customer conduct violates applicable laws or is harmful to our interests. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by our company in writing.

You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify infinmart.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.

 

Terms & Conditions (Full details)

These terms of use contain a binding arbitration provision that requires disputes for users in the U.S. and certain other countries to be arbitrated on an individual basis and prohibits class action claims. It affects your legal rights as detailed in the “ARBITRATION AND CLASS WAIVER” SECTIONS. By accepting these terms of use, you agree to be bound by this arbitration provision and class action waiver. Please read it carefully.

Please note that your use of and access to our services (defined below) are subject to the following terms; if you do not agree to all of the following, you may not use or access the services in any manner.

Thanks for using infinMart marketplace platform services! These Terms of Use (“Terms”) contain the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). Please read the Terms carefully, and if you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at policy@infinmart.com.

These Terms of Use (the “Terms”) are a binding contract between you and the applicable infinMart entity as described below in Section 1.2. You must AGREE to and ACCEPT all of the Terms, or you can’t use the Services. By using the Services, whether by registering for an account, using our apps, making a purchase, or otherwise, you agree to be bound by these Terms, our Privacy Policy, and our Copyright & Intellectual Property Policy. If you have a vendor account, your use of the Services is also governed by the Vendor Terms of Service and Agreement. If there is a conflict between the Vendor Terms and these Terms, the Vendor Terms shall control to the extent of the conflict.

 

Quick Links:

Vendor Terms of Service and Agreement

Prohibited Categories/Products

Copyright & Intellectual Property Policy

InfinMart Endorsement Guidelines

Table of Contents

  1. Parties
  2. Services
  3. User Requirements
  4. Rules and Restrictions
  5. Privacy
  6. Communications
  7. User Submissions
  8. Ratings, Reviews and other User Feedback
  9. Content; License
  10. Copyright
  11. Responsibilities
  12. Changes to the Services
  13. Costs and Fees
  14. Purchases and Pricing
  15. Refunds, Exchanges, Adjustment, and Related
  16. Rewards, Credits, Vouchers, and Gift Card Policy
  17. Ending Our Relationship
  18. Changes to Terms
  19. WARRANTY DISCLAIMER. THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THESE TERMS.
  20. LIMITATION OF LIABILITY
  21. Indemnity
  22. General
  23. ARBITRATION AND CLASS WAIVER

 

  1. Parties

1.1 Infinmart and its corporate affiliates: (i) operate online marketplaces also available in the form of app that operates with systems like Android or iOS, or on standard web or mobile web; (ii) develop and provide other services and products. In this policy we refer to infinMart as “infinMart.com” or “infinMart” or “InfinMart” or “infinmart” or “we” or “us.” We refer to end users as “you” or “user(s)” or “consumer(s)” and the entities that list and sell items as “Vendor(s)” or ” Merchant(s).”

1.2 The Marketplace platform web and app allows sellers (“Vendors”) to set up stores that list and sell items to end users. When you purchase an item, the contract for sale is solely between you and the Vendors. That means that when you purchase an item on infinMart you are making a purchase from the Vendor who listed the item, and the Vendor is responsible for fulfilling your order.

  1. Services

2.1 InfinMart operates marketplaces that allow Vendors and users to share information and complete purchases. Vendors are responsible for their stores, their items, their item listings (including any original or strike-through prices), and fulfillment of your order. Vendors may be located in your country or region or elsewhere. If they are located elsewhere, this may have an effect on taxes, customs or the applicability of consumer protection rules.

2.2 Although we are not a party to the contract formed between you and a Vendor when you make a purchase, we may assist with payment processing, returns, refunds, and other customer service. InfinMart does not guarantee (i) the existence, quality, safety, suitability, or legality of Vendor items or item listings; (ii) the truth or accuracy of any item listing, description or other content provided by Vendors; (iii) the truth or accuracy of ratings, reviews, or other User Submissions; or (iv) the performance or conduct of Vendors or other third parties. Except if we clearly indicate otherwise, infinMart does not endorse any Vendor, store, item, or item listing. Please read labels, warnings and directions provided with a purchased item before using it and consider doing your own research prior to making a purchase.

2.3 You should make whatever investigation you feel necessary or appropriate before making a purchase from any Vendor.

2.4 infinMart does not endorse customer and vendor to do business outside or beyond infinMart.com platform or outside infinMart knowledge as this activity is against our policy and customer or vendor may at risk for scam or fraud. For such business activity infinMart will not be responsible or liable. infinMart will reserve all rights to terminate both customer and/or vendor accounts for violation of our policy and/or any legal action if necessary.

  1. User Requirements

3.1 In order to use the Services, you must be 18 years old or older (or the age of consent set by applicable law) and be of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). Products for children’s use may be sold by Vendors; however, these Products are intended for sale to adults. Certain products may be intended for individuals of certain ages or “mature audiences” only. By ordering such items, you certify that you are old enough to view, use or own such mature items. InfinMart has no liability to you for third party content that you find to be offensive, indecent, or objectionable.

3.2 You are not permitted to use the Services if: (a) You cannot enter into a binding contract with InfinMart; (b) You are located in a country embargoed by the United States or if you are on a U.S. Agency list of prohibited persons or entities, such as the Treasury Department’s list of Specially Designated Nationals; or (c) you have previously been banned from using any of our Services, unless we have reversed that ban, in our sole discretion.

3.3 You may be required to create an account and select a password and username. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your user name a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

3.4 InfinMart marketplace may allow you to sign in using a social network account and its credentials. The settings on infinMart and the social network may allow certain activity to published.

  1. Rules and Restrictions

4.1 You agree to use the Services for your own internal and personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with these Terms, applicable marketplace policies and all laws that apply to you. If your use of the Services (including a purchase of any items on the Services) is prohibited by any applicable laws, then you aren’t authorized to use the Services. We are not responsible if you use the Services in a way that breaks the law.

4.2 You will not share your account or password with anyone, and you must protect the security of your account and your password. You will notify InfinMart immediately of any unauthorized use of your password or any other breach of the security of your account. You’re responsible for any activity associated with your account.

4.3 You must not create multiple accounts and you must not let others use your account.

4.4 Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions“) made available through our Sites may be governed by rules that are separate from these Terms of Use. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern.

4.5 When accessing or using the Services, you agree to:

  1. Abide by all laws, rules, regulations, these Terms, and all InfinMart policies;
  2. Only purchase items you are legally able to purchase in your jurisdiction;
  3. Only use (or attempt to use) the Services through interfaces provided by infinMart; and
  4. Comply with the instructions in any robots.txt file present on the Services.

4.6 When accessing or using the Services, you agree not to

  1. Infringe or violate the intellectual property rights or any other rights of anyone else (including InfinMart) see our Copyright & Intellectual Property Policy for more info;
  2. Violate these Terms, InfinMart policies, or any law or regulation, including any applicable export control laws;
  3. Engage in activity that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. Circumvent any terms, policies or rules set forth on the Services including those relating to any promotion, contest or program on the Services;
  5. Collect personal data from users of the Services or use any such information found on the Services;
  6. Engage in activity that jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Services as you);
  7. Attempt, in any manner, to obtain the password, account, or other security information from any other user;
  8. Use a third party’s credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity, your affiliation with any person or entity;
  9. Violate the security of any computer network, or crack any passwords or security encryption codes;
  10. Run Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  11. “Crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  12. Copy or store any significant portion of the Content;
  13. Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services;
  14. Attempt to buy any Prohibited Categories/Products;
  15. Abuse any promotions, discounts or other benefits offered by infinMart or Vendors, including farming or harvesting of discounts or promotion codes; or
  16. Attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this list of items, or attempt, permit, encourage, assist, or allow any other violation of these Terms.

In addition to any other remedies available to us, including without limitation monetary and nonmonetary damages, a violation of any of the foregoing is grounds for: adjustment of prices/amounts due; cancellation of one or more purchases; suspension or termination of your right to access or use the Services.

  1. Privacy

5.1 Our Privacy Policy provides information regarding how we collect, use, and disclose your personal information. By installing our apps, creating an account, viewing items, making a purchase or otherwise using the Services, you acknowledge that we will collect, use and disclose your personal information as described in our Privacy Policy

5.2 Your purchases are fulfilled by Vendors. In order to fulfill your purchases, Vendors need information about the purchaser, such as mailing address. Vendors may be located in your country or region or elsewhere. You acknowledge that when you make a purchase, infinMart treats it as a request (from you) to share your information, including name, street address and phone number, with the relevant Vendor to, for example facilitate shipping, and that such sharing may cause a transfer of personal data from one region to another.

5.3 You acknowledge and agree that infinMart may access, preserve and disclose your account or user information (if such information exists) as described in our Privacy Policy, including without limitation, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any of your acts violate the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of infinMart, its users and the public.

  1. Communications

6.1 InfinMart may communicate with you using email or autodialed or prerecorded calls and text messages, at any telephone number that you provide us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you.

6.2 If you would like to receive marketing via mobile texts and alerts, you may sign up to do so, including on a checkout page for purchasing an item in our website, mobile site, or app. By signing up, you provide your consent to receive recurring autodialed marketing texts or other mobile messages from or on behalf of us at the mobile number you’ve provided. You understand that consent is not a condition of purchase. Message and data rates may apply. If you would like to be removed from marketing text list, you can follow the instructions provided in those messages or reply STOP in our sms/text messages. If you have any questions, you may contact customer care at policy@infinmart.com.

6.3 InfinMart may route these communications through a third-party service provider, and we or the service provider may record telephone conversations you have with infinMart or its agents for quality control and training purposes, or for our own protection.

  1. User Submissions

7.1 Anything you post, upload, share, store, or otherwise provide through the Services is a “User Submission.” User Submissions may include suggestions, comments, ideas, improvements, or other feedback or materials, and may be viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions.

7.2 For all User Submissions, you hereby grant infinMart a royalty-free, perpetual, non-exclusive, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify (e.g. for technical purposes, such as making sure your submission is viewable on an iPhone as well as a computer), create derivative works, perform, distribute, translate or otherwise act with respect to such User Submissions as we determine is necessary to operate, market and advertise the Services, including to present, display or perform such User Submission in accordance with your preferences.

7.3 If you choose to submit User Submissions, infinMart will consider such Submissions to be non-confidential and non-proprietary. InfinMart shall have no obligations concerning the User Submissions, and infinMart will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit the User Submissions in any manner, without any restriction or compensation to you.

  1. Ratings, Reviews and other User Feedback

8.1 Ratings and reviews and photos, videos or other content about items and stores (“Feedback”) generated by users on our Services are User Submissions that are not endorsed by infinMart and do not represent the views of infinMart. InfinMart does not assume liability for Feedback or for any claims for economic loss resulting from such ratings and reviews. Because we expect users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (i) to base any rating or review you post only on your first-hand experience with the applicable Vendor, product, or service; (ii) you will not provide a rating or review for any Vendor, product, or service with respect to which you have a competitive, ownership or other economic interest, employment relationship or other affiliation; (iii) you will prominently indicate if your review was sponsored or paid for in any way; and (iv) your review will comply with these Terms. We reserve the right to exclude such Feedback for any reason or no reason, without notice to you. For example, we may exclude Feedback if we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews.

8.2 You agree that if you participate in an infinMart community or group and get special access to features or items or receive free items directly from infinMart, and you want to post publicly about those free items and your experiences with them, then you shall comply with the InfinMart Endorsement Guidelines, including without limitation that you shall (a) write honestly about your actual experience with the product; (b) disclose all material information, such as (where applicable) that you received the item for free; and (c) you shall not post any posts that are not from your own willing but instead making post for the purpose of receiving any incentive of products, cash value, coupons, etc… from any vendor, infinMart, or anyone.

  1. Content; License

9.1 The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, Feedback (all of the foregoing, the “Content”) may be protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you: (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s rights (including infinMart’s).

9.2 InfinMart and it logo are trademarks of infinMart. All rights reserved.

9.3 You understand that infinMart owns or licenses the Services. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services, except as expressly provided in this section 9.

9.4 Subject to your compliance with these Terms and applicable policies, rules or guidelines, and your payment of any applicable fees, infinMart or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. All rights not expressly granted to you in these Terms or any policies or guidelines are reserved and retained by infinMart or its licensors, suppliers, publishers, rights holders, or other content providers. The licenses granted by infinMart terminate if you do not comply with these Terms or the applicable policies, rules or guidelines.

10.1 We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.

10.2 A copyright protects original works of authorship that are “fixed” in some permanent or semi-permanent medium. It can cover everything from literary works to artistic works, music to movies, architectural designs to computer software. The duration of copyrights depends on several factors, including when the original work was created, where, and by whom. The owner of a copyright can prevents third parties from copying, displaying, distributing, creating derivative works from, and publicly performing the protected works without authorization from the copyright owner. Using a third party’s copyrights without proper authorization is a direct violation of infinMart’s Vendor Terms of Service and Agreement, Vendor Terms of Service, and various other infinMart policies. Accordingly, if infinMart were to learn of such unauthorized use, infinMart reserves its right to remove such listing in its own discretion and without notice to the vendor.

10.3 If you are a rights owner with valid copyright rights or are authorized by the copyright owner to act on its behalf, you may report the allegedly infringing listings, as outlined by the Digital Millennium Copyright Act (“DMCA”), via the listing “Report Abuse” or report through email copyright@infinmart.com. In accordance with the DMCA, infinMart reserves the right to (1) block access to or remove material that we believes in good faith to be copyrighted material that has been used without permission, and (2) remove and discontinue service to repeat offenders.

Details on the DMCA Notice Process

Any such notice of claimed infringement must include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  • Identification of works or materials being infringed;
  • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that infinMart is capable of finding and verifying its existence;
  • Contact information about the notifier including address, telephone number and, if available, email address;
  • A statement that the notifier has a good faith belief that the material identified in this form is not authorized by the copyright owner, its agent, or the law; and
  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Upon receipt of a proper notice of copyright infringement, infinMart reserves the right to:

  • remove or disable access to the infringing material;
  • notify the content provider who is accused of infringement that infinMart has removed or disabled access to the applicable material; and
  • terminate such content provider’s access to the Services if it is a repeat offender (see Repeat Infringer Policy at section 10.4 below) or as otherwise stated in infinMart’s policies.

Details on the DMCA Counter-Notice Process

If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, may send us a counter-notice containing the following information to copyright@infinmart.com.

Any such counter-notice to a claim of infringement must include the following information:

  • A physical or electronic signature of the content provider;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  • A statement under penalty of perjury that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  • Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which infinMart is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the infinMart’s Designated Agent, we will send a copy of the counter-notice to the original complaining party informing that person that infinMart may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material will be replaced or access to it restored in as early as 10 but not more than 14 business days of infinMart’s receipt of the counter-notice.

10.4 InfinMart takes measures to identify and take action against merchants who are alleged to repeatedly infringe on the intellectual property rights of others. Repeat infringers are subject to the following actions by infinMart, among others:

  • Certain accesses and account privileges may be revoked or limited
  • Monetary fines may be issued
  • Access to content generated by the repeat infringer may be removed temporarily or permanently from the Services
  • Vendor accounts may be temporarily or permanently suspended

 

  1. Responsibilities

11.1 Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such information or content originated. You access all such information and content at your own risk, and we are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the content or what actions you may take as a result of having been exposed to the content, and you hereby release us from all liability for you having acquired or not acquired content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

11.2 You are responsible for all content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

11.3 The Services may contain links or connections to third party websites or services that are not owned or controlled by infinMart. When you access third party websites or use third party services, you accept that there are risks in doing so, and that infinMart is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

11.4 InfinMart has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, infinMart will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

11.5 Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. You agree that infinMart shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

11.6 If there is a dispute between participants on this site, or between users and any third party, you agree that infinMart is under no obligation to become involved. In the event that you have a dispute with one or more other users, including a Vendor, you release infinMart, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

11.7 if you are a California resident you waive California civil code section 1542, which says: “a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.” if you are not a California resident, you waive your rights under any statute or common law principle similar to section 1542 that governs your rights in the jurisdiction of your residence.

  1. Changes to the Services

12.1 We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that content in violation of these Terms), in our sole discretion, and without notice.

  1. Costs and Fees

13.1 It is currently free to access and browse our infinMart.com website, mobile site, app, and sites and other aspects of the Services. However, you may choose to purchase items through the Services, and you alone will be responsible for paying the purchase price of any items you buy, in addition Vendors may charges any taxes and shipping costs. InfinMart may limit or cancel quantities of items purchased, and it reserves the right to refuse any order. In the event infinMart needs to make a change to an order, it will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made. Prices are subject to change at any time. Due to separate and applicable tax jurisdictions, your purchases may be subject to specific sales, use, customs or value-added taxes, and the shipping time and associated cost may increase accordingly. As Vendor tax rules evolve, infinMart may calculate and collect taxes applicable to some purchases

13.2 InfinMart reserves the right to require payment of fees for certain or all Services, in addition to the fees charged for the purchase of items. You shall pay all such fees, as described on the website or app in connection with such Services selected by you. InfinMart reserves the right to change prices and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Services. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.

  1. Purchases and Pricing

14.1 You are responsible for reading the full item listing before purchasing an item. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s), as well as all shipping and handling charges and applicable taxes. When a transaction is made pursuant to a shipping contract, the risk of loss and title for products pass to you upon delivery of the products to the carrier.

14.2 You must timely pay all fees or amounts associated with your use of the Services, including for any purchases. Your payments are non-refundable except as expressly provided in applicable policies.

14.3 In order to make purchases, you must provide accurate and complete information for a valid payment method, such as credit card information that you authorized to use, billing address, and shipping address. You must promptly update your account with any changes related to your payment method. By providing information for a payment method, you authorize infinmart or its agents to charge the payment method for: (a) amounts due for purchased items; (b) any and all applicable taxes; and (c) any other charges incurred in connection with your use of the services.

14.4 Each final price is determined by or based on a price supplied by the Vendor offering an item for sale. Vendors provide the other information in the item listings, including any reference or strike-through prices. Vendors are obligated to provide accurate information, but we have no way to guarantee the truth or accuracy of information in item listings. InfinMart does not represent, warrant, or guarantee that the Vendor actually offered or sold the item at the strike-through price. You should not rely on the strike-through price in connection with making any decision to purchase. If comparison price is an important factor in your purchasing decision, you should do your own research and comparisons before making a purchase.

14.5 Pricing or availability errors may occur from time to time. InfinMart reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice. Pricing for products may be different in different Service of our platforms from website, mobile site, app or platforms that we operate and also vary based on other factors, including location, time, purchase patterns.

14.6 Some items or orders may be available for pickup at a physical location near you. Some items or certain bundles of items (“Order(s)”) may be available for pickup at a physical location offered by your vendor or by you at a location. If you select pickup for an item or Order, the infinMart website or app will provide notice when it is available for pickup. In order to complete pickup of an item or an Order, you will need to demonstrate that the item or Order are yours. Currently, we require you to show the pickup QR code that is generated by infinMart website or app at the point of pickup for scanning; the vendor may request addition prove of information to demonstrate the item belongs to you. We may add other pickup methods to support this local pickup service.

14.7 Orders cannot be held indefinitely for pickup. Please pick up promptly, inspect your purchase carefully in front of the vendor before accepting the purchase. Pickup locations may or may not do not handle returns or refunds so please identify and ask your Vendor return and refund policies for local pick up purchase. If you have an issue with an item or Order, contact your Vendor immediately. When the issue cannot resolve directly with the Vendor please visit your order history, navigate to the applicable order and let our customer support team know.

15.1 We want you to be satisfied with your purchase on the Services. If you have a problem with an order or purchase, please contact us as described in the Protection, Refunds & Returns Policy. You agree that: (i) infinMart may, in accordance with its Protection, Refunds & Returns Policy, issue a refund to resolve any problems with your order, including the contents of an item listing or the item’s delivery or condition; and (ii) if you wish to pursue any other remedy, you must seek that remedy directly from the applicable Vendor. If you accept a refund, your ability to seek another remedy from the applicable Vendor may be affected.

15.2 Except as described in the Refund & Returns Policy, infinMart cannot refund, reimburse, cover, or otherwise be responsible for any fees, including without limitation those not paid to infinMart, such as customs, taxes as well as any return shipping costs you may incur in the refund process.

15.3 Price adjustment of purchased item(s) in except for a reduction of previously purchased item(s) price due to later promotions, sale, clearance, or any other events of price adjusting is not offered by infinMart. Buyer may return the item(s) and repurchase again at a different costs, but buyer must follows the permitted timely manner of infinMart return policy and guidelines within receipt or agreed by the vendor and their return policy.

  1. Rewards, Credits, Vouchers & Gift Card Policy

16.1 Your account may contain rewards, credits, or voucher. These may be used for discounts on or payment for eligible purchases made on the Services. Rewards, credits, or voucher all cannot be redeemed for cash, except in jurisdictions where required by law. Rewards, credits, or voucher are issued and may be used as described in the Rewards, Credits, Voucher & Gift Card Policy below. Also our infinMart Gift Cards are governed by the Rewards, Credits, Voucher & Gift Card Policy.

Rewards, Credits, Voucher, and Gift Card Policy

Our Rewards, Credits, Voucher, and Gift Card is only valid within infinMart to use as a discount on purchases or shipping fees. Such discount or gift card may be issued by infinMart vendor or by infinMart promotion.

InfinMart may award Credits, Voucher, or Gift Card in certain circumstances, including (at infinMart’s discretion) when a customer is unhappy with a purchase. In the U.S. some users can purchase Credits, Voucher, or Gift Card with real world money by engaging with the applicable service provider.

InfinMart Rewards, Credits, Voucher, and Gift Card are for lawful personal use and may only be used in accordance with this policy and the Terms of Use.

InfinMart Rewards, Credits, Voucher, and Gift Card can be applied to the purchase price of an item as well as the shipping fees excluding taxes associated with the purchase.

CANNOT BE:

  • Redeemed for real world currency money
  • Redeemed or use outside of infinMart
  • Transferred from one user to another user

Once items purchased with InfinMart Rewards, Credits, Voucher, and Gift Card cannot be refunded for real world currency money. If a refund is issued for an item purchased with InfinMart Rewards, Credits, Voucher, of Gift Card, the refund shall be issued back in it original form which can be Rewards, Credits, Voucher, or Gift Card.

InfinMart Gift Card Policy

InfinMart gift cards are all final sale no return or refund will be accepted, and infinMart gift cards are for lawful, personal use only. They may only be used in accordance with this policy and the Terms of Use.

InfinMart Gift Cards cannot be:

  • Convert to cash through returning or refunding processes except in jurisdictions where required by law
  • Redeemed it outside of infinMart
  • Transferred from one user to another user
  • The gift card itself cannot be return for a refund

You shall not:

  • Sell or resell infinMart gift cards
  • Use infinMart gift cards in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) or any other activity that suggests or implies an endorsement, sponsorship or formal relationship with infinMart.

InfinMart Gift Cards are promotional credits and are non-refundable.

The risk of loss and title to any gift cards passes to the purchaser upon transmission to the recipient. Lost or stolen gift cards will not be replaced. InfinMart will not have liability to you for (i) lost or stolen infinMart Gift cards or (ii) use of any infinMart gift cards by third parties through your infinMart account. You are solely responsible for keeping the password for your infinMart account safe and for any activity conducted under your account.

  1. Ending Our Relationship

17.1 You’re free to stop using the Services at any time. Any unpaid amounts you owe infinMart or Vendors for items purchased will remain due. InfinMart is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. InfinMart has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Even after your right to use the Services is terminated, these Terms will remain enforceable against you and unpaid amounts you owe to infinMart or Venodrs for items purchased will remain due.

17.2 Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

17.3 Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding arbitration and class action waiver.

  1. Changes to Terms

18.1 We’re constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we make any material changes, we will bring it to your attention by placing a notice on the Services, by sending you an email, or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

18.2 Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

  1. WARRANTY DISCLAIMER. THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THESE TERMS.

19.1 Neither infinMart nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the services, and we will not be responsible or liable for the accuracy, intellectual property compliance, legality, or decency of material contained in or accessed through the services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the services.

19.2 To the fullest extent allowed by applicable law, the services, products offered and purchased on the services, or other content are made available to you is on an “as-is” and “as-available” basis, without warranties or any kind. To the fullest extent permitted by applicable law, infinMart expressly disclaims all warranties, representations, and conditions of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free.

19.3 You acknowledge and agree that, to the fullest extent permitted by applicable law, you assume full responsibility for your use of the Services and that any information you send or receive during your use of the services may not be secured and may be intercepted or otherwise accessed by unauthorized parties. You agree that, to the fullest extent permitted by applicable law, infinMart is not responsible for any loss or damage to your property or data that results from any materials you access or download from the services.

19.4 If you rely on any data or information obtained through the Services, you do so at your own risk. You are solely responsible for any damage or loss that results from your use of such data or information.

19.5 Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the foregoing disclaimers, exclusions and limitations may not apply to you, and you might have additional rights.

  1. LIMITATION OF LIABILITY

20.1 To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall infinMart (or its licensors or suppliers) be liable to you or to any other person for (a) any indirect, special, punitive, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction arising out of or in any way related to the services or (b) your use of the services including, without limitation, any inability to access or use or the purchase and use of items offered for sale within the Services, even if infinMart, its suppliers, or any other person has been advised of the possibility of damages.

20.2 This disclaimer applies, without limitation, to any damages or personal injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, any theft, destruction, unauthorized access to, alteration of, loss or use of, any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that infinMart shall not be liable for any defamatory, offensive, or illegal conduct of any merchant or user of the services.

20.3 Under no circumstances will the total aggregate amount that infinMart is liable to you exceed the greater of (i) $100.00 or (ii) the amounts paid by you to infinMart in connection with the Services in the twelve (12) month period preceding the event on which your claim is based. The foregoing cap on liability shall not apply to liability of infinMart for (1) death, tangible property damage, or personal injury caused by infinMart’s gross negligence or for (2) any injury caused by infinMart’s fraud or fraudulent misrepresentation.

20.4 The limitations of damages set forth above are fundamental elements of the basis of the bargain between infinMart and you. We do not limit or exclude our liability where or to the extent that it would be unlawful. Certain state or national laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you despite the “governing law” section of these terms of use, the above applies only to the fullest extent permitted by applicable law. If you are a resident of new jersey, this section does not apply to prevent a right to recover certain damages (including punitive damages) where a harmed person proves with the required evidence that the harm suffered was the result of the defendant’s “acts or omissions and such acts or omissions were actuated by actual malice or accompanied by a wanton and willful disregard of persons who foreseeable might be harmed by those acts or omissions.” similarly, this section does not limit infinMart’s tort liability under new jersey law resulting from infinMart’s own intentional or reckless conduct.

  1. Indemnity

21.1 To the fullest extent allowed by applicable law, you agree to indemnify and hold infinMart, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services, including without limitation, User Submissions or any actions taken by a third party using your account), (b) your violation of these Terms, (c) your violation of any rights of another party, including without limitation any copyright, property, or privacy right or any third party agreement; or (d) your violation of any applicable laws, rules or regulations. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

21.2 InfinMart reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with infinMart in asserting any available defenses. This provision does not require you to indemnify infinMart for any unconscionable commercial practice by infinMart or for infinMart’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of your account, these Terms or your access to the Services, including the purchase of any items on the Services.

21.3 Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold infinMart and its affiliates, and its officers, agents, employees, and partners, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.

21.4 If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.

21.5 If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

  1. General

22.1 Electronic Communications

You agree to receive communications from infinMart electronically, such as emails, texts, mobile push notices, or notices and message on the Services, and to retain copies of these communications for your records. You agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that infinMart provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.”

22.2 Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without infinMart’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

22.3 Force Majeure

InfinMart shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

22.4 Choice of Law

These Terms and any dispute of any sort that might arise between you and infinMart will be interpreted in accordance with the law of the State of California and the United States of America, consistent with the Federal Arbitration Act, without regard to any conflict-of-law or other principles that provide for the application of the law of another jurisdiction.

22.5 Exclusive Venue

Any claim or dispute that between you and infinMart that arises out of or is related to the Services and is not subject to arbitration or eligible for small claims action, shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California, and you hereby consent to, and waive all defense of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of San Francisco County, California.

22.6 Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.

22.7 Notice

Where infinMart requires that you provide an email address, you are responsible for providing infinMart with your most current email address. In the event that the last email address you provided to infinMart is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, infinMart’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may login your account to update your email or through contacting us to provide infinMart with your most current up to date email.

22.8 Export Control

You may not use, export, import, or transfer the Services, including the purchase of any products on the Services except as authorized by U.S. law, the laws of the jurisdiction in which you used the Services or purchased any products on the Services, and any other applicable laws. In particular, but without limitation, the Services, including any products purchased on the Services, may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services or purchasing products on the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services nor the products purchased on the Services for any purpose prohibited by U.S. law.

22.9 Consumer Complaints

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing or by telephone.

22.10 Entire Agreement

These Terms and all policies posted through our Services set forth the entire understanding and agreement between you and infinMart, and supersede all prior understandings and agreements of the parties. These Terms shall not be modified by any of: (i) course of performance between the parties; (ii) course of conduct or dealing between the parties; or (iii) applicable trade practice.

22.11 Waiver

Our failure to respond to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

22.12 Language of the Terms

If we provide a translated version of these Terms, Privacy Policy, Copyright Dispute Policy, or any other terms or policy, it is for informational purposes only. If the translated version means something different from the English version, then the English meaning will be the one that applies.

22.13 Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the infinMart may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. Subject to Section (Arbitration), if any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of infinMart, and you do not have any authority of any kind to bind infinMart in any respect whatsoever.

 

23. ARBITRATION AND CLASS WAIVER

PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO ARBITRATE MOST DISPUTES WITH INFINMART AND MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. YOU MAY, IN ARBITRATION, SEEK ANY AND ALL REMEDIES OTHERWISE AVAILABLE TO YOU PURSUANT TO YOUR STATE’S LAW.

YOU AND INFINMART AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE MARKETPLACE APPS, ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH THE MARKETPLACE APPS, THESE TERMS, OR CONTENT (A “DISPUTE” AS DEFINED BELOW) SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, SUBJECT TO THE EXCEPTIONS BELOW.

YOU AND INFINMART AGREE THAT THESE TERMS AFFECT INTERSTATE COMMERCE AND THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1, ET SEQ., AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT AND GOVERN ALL QUESTIONS AS TO WHETHER A DISPUTE IS SUBJECT TO ARBITRATION.

 

23.1 Disputes

“Disputes” shall include, but are not limited to, any claims or controversies between you and infinMart against each other related in any way to or arising out of in any way from the Service, the Content, User Submission (Public, Personal, and/or Limited Audience), including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and infinMart, even if the claim arises after you or infinMart has terminated use of Services or a user account or these Terms. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; (b) that infinMart brings against you; (c) claims in any way related to or arising out of any aspect of the relationship between you and infinMart, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) claims that arose before these Terms or out of a prior set of Terms with infinMart; (e) claims that are subject to ongoing litigation where you are not a party or a class member; and/or (f) claims that arise after the termination of these Terms. Disputes does not include disagreements or claims concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property, which shall not be subject to arbitration or the notice and good faith negotiation requirement described below.

23.2 Authority of Arbitrator

The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and infinMart. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

23.3 Waiver of Jury Trial

YOU AND INFINMART HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO RESOLVE DISPUTES IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.

You and infinMart are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

23.4 30-Day Right to Opt Out

You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out. Your notice must be sent via email to policy@infinmart.com; email subject line: Opt Out Arbitration Agreement. Your email notice must include your full first and last name and mailing address, your infinMart User ID (if any) and/or Store Name, the email address you used to set up your infinMart account, your signature, the date of you sending out this email, and a clear statement that you want to opt out of this Arbitration Agreement. You can find your User ID in settings.

Please NOTE: IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT, IT WILL BE CONSIDER AS DISAGREEMENT TO INFINMART TERMS AND YOUR ACTIVE ACCOUNT AS A USERS OR A VENDOR WILL IMMEDIATELY BE SUSPENDED FROM FURTHER USE OF OUR SERVICES.

 

23.5 Parents, Subsidiaries, Affiliates

This Arbitration Agreement will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of infinMart, or any employee, officer, director, or investor of infinMart, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms (such as with respect to their validity or enforceability), the Services, any person’s access to and/or use of the Services, and/or the provision of content, products, services, and/or technology on or through the Services.

23.6 Changes to This Section

23.6.1 InfinMart will provide thirty (30) days’ notice of any changes to this section by posting on the marketplace websites or apps, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the applicable website or sent to you.

23.6.2 Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the sections entitled “Arbitration” and “Class Waiver” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver sections in existence after you began using the Services.

23.7 Severability

Subject to the section title “Waiver of Class or Consolidated Actions,” if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

23.8 Survival of Agreement

This Arbitration Agreement will survive the termination or expiration of these Terms or your relationship with infinMart.

23.9 WAIVER OF CLASS OR CONSOLIDATED ACTIONS PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

23.9.1 InfinMart and you agree to resolve any dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. InfinMart and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any dispute with a third party.

23.9.2 The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other infinMart users, and cannot be used to decide other disputes with other users.

23.9.3 If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in California.

23.9.4 If any clause within this Waiver of Class or Consolidated Actions Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.

23.9.5 This Waiver of Class or Consolidated Actions Section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of infinMart, or any employee, officer, director, or investor of infinMart, and to any claims asserted by any of them against you, to the extent that any such claims is a dispute.

23.9.6 This Waiver of Class or Consolidated Actions Section shall survive any termination of your account or the Services.

 

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By using this website, you agree and accept our Privacy Policy and Terms & Conditions

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