Terms and Conditions
Terms and Conditions
Infinity GN TERMS & CONDITIONS
- I. Background
- 1. That Infinity GN, LLC (hereinafter referred to as "Infinity GN") is a company engaged in providing financial and business education and training services through the Infinity GN digital platform (hereinafter referred to as the "Platform").
- 2. That Infinity GN has affiliates and subsidiaries, and the Terms and Conditions, policies and procedures described herein shall apply to such affiliates and subsidiaries.
- 3. That, regardless of the type of user or independent representative that accepts these provisions, they shall be referred to as the "Adherent" for the purposes of these T&Cs.
- 4. That in order to provide access to the Education Platform, Infinity GN Independent Representatives will liaise with potential Adherents to provide them with comprehensive explanations of the operation of the Platform and the services available and, if necessary, secondarily assist in the subscription process. Commissions earned on referrals will be in accordance with the Infinity GN Reward Program in effect at that historical point in time.
- 5. That Adherents, whether or not they are Independent Representatives, may agree to be part of the "Infinity GN Loyalty Plan", and their duties and benefits shall be as set forth in this Agreement and in the "Infinity GN Loyalty Plan" in effect at such historical time.
- 6. That each Independent Representative signs a Multi-Level Selling Agreement With Independent Representatives (hereinafter the "Agreement") wherein he/she agrees that said document is an integral part of these Terms and Conditions, which shall also be understood as Infinity GN's Code of Ethics, Policies and Procedures (hereinafter the "T&C") and its eventual modifications.
- 7. The T&Cs set forth the terms and conditions of the business relationship between the Adherents and Infinity GN. Likewise, they describe the terms and conditions of the commercial relationship between Infinity GN.
- 8. That Infinity GN is a company committed to the highest standards of ethics and best practices, therefore the T&Cs are in accordance with the Code of the Direct Selling Association of the United States of America.
- 9. The Direct Selling Association ("DSA" or Direct Selling Association) recognizes that companies engaged in direct selling assume certain responsibilities to their customers, which arise from a method of distributing their products and services based on personal contact, and establishes principles and practices of a basic, equitable and ethical nature, which member companies of the Association will fully comply with in the conduct of their business. The DSA policy will be referred to in these T&Cs as the "DSA Code".
- 10. That the Adherent accepts and declares that it has sufficient legal capacity to bind itself, that the information it provides is true and that by accepting these T&C, it does
so freely, consciously and without any coercion whatsoever. The Adherent declares that he/she has been fully informed of the Services and/or products of Infinity GN.
Section I. Ethics Regulations
- 1. Under no circumstances will Infinity GN condone or tolerate the use of deceptive or illegal practices for the recruitment of clients, business partners, independent representatives, consumers or members. Nor will any actions contrary to dignity or in violation of human rights be permitted. a. No undersigned shall employ any deceptive, false, unethical, immoral or illegal practices or tactics with any potential or actual consumer, customer or independent representative of Infinity GN. By adopting these T&Cs, the undersigned agrees not to make any statement, promise or representation that is likely to mislead or deceive the consumer or any third party.
- b. This section includes any manifestations or indications in forums of any kind, regardless of whether they are of an individual or massive nature. Likewise, these provisions include any type of method and form of transmission of information.
- c. Infinity GN is entitled to sanction or take legal action against deceptive, unlawful or immoral practices occurring during recruitment or at any other time to the detriment of clients or third parties, using the legal standards of the DSA and these T&Cs as a guide.
- d. Offensive, discriminatory or contrary to human dignity conduct to the detriment of Infinity GN personnel, Independent Representatives, Subscribers, Members or third parties shall be considered a violation of the terms and conditions set forth in these T&Cs and may result in penalties for violators.
- 2. The sections under the Standard of Ethics cover not only statements made about Infinity GN, as well as its products and services, but also about any other company in the same economic interest group.
In view of the foregoing, the Adherent undertakes to:
- a. To conduct its activities vis-à-vis the other members in compliance with these T&Cs and all applicable laws of Infinity GN's jurisdiction (corresponding to the State of Delaware of the United States of America), as well as the jurisdiction in which the Adherent conducts its business.
- b. The information provided by the Adherent must be accurate and complete. The Adherent shall not make any representations to prospective independent representatives that cannot be verified or make promises that cannot be kept. The Adherent must not present a sales opportunity to a prospective independent representative or Adherent in a false, misleading or deceptive manner.
- c. The Customer shall not induce third parties to purchase products or services based on the statement that the consumer can recover all or part of the purchase price by simply referring other consumers to them, if such reductions or recoveries violate applicable laws on sales referrals.
- d. The Customer who is an independent representative must respect the lack of commercial experience of potential customers. The Adherent shall not abuse the
- trust of customers, nor try to exploit the age, illness, disability or lack of understanding or knowledge of the language of a consumer.
- e. The Adherent shall refrain from using the Infinity GN Platform and Infinity GN products and services for money laundering, terrorist financing, bribery and corruption in the public or private sector, regardless of the jurisdiction in which it is located. Similarly, all adherents of these T&C shall refrain from using the Platform in a manner that is contrary to morals, ethics, good customs and the law.
Section II. Rights and Obligations of Infinity GN
3. When the Adherent complies with the requirements established in the Platform, he/she will have access to the Infinity GN Education modules. Different Bitex packages will be available on the Platform, which may be acquired by the Adherent and these, in turn, will enable them to access the Education modules already indicated. For all purposes, the Bitex will be the points assigned to each Adherent on the Platform, and the amount of Bitex available to the Adherent will depend on the amount of money paid or generated, so Infinity GN is committed to provide the corresponding access to the Education content, provided that the necessary amount of Bitex is available for such purposes.
4. Infinity GN undertakes to guarantee access to the Platform to all Members who are up to date with their subscription and obligations.
5. Infinity GN shall have no liability in the event of removal of courses or learning modules, and the content of the Platform may be updated at Infinity GN's unilateral discretion. Notwithstanding the foregoing, Infinity GN shall at all times maintain availability of learning modules for each type of Member, such that the Member shall have guaranteed access to educational content in accordance with its category or the amount of Bitex available to it.
6. The Platform may be unavailable for upgrades or maintenance.
7. Infinity GN will seek the highest excellence and proven quality in the services and products offered to the public, to support the mission of its independent representatives.
8. The Adherent may choose to be enabled as an independent representative of Infinity GN, to commission for the sale of products and Services available through the Platform. Once the Agreement is signed and the payment corresponding to the amount to act as an independent representative is paid, Infinity GN will enable a specific functionality in the Platform that will allow you to measure and manage your performance and commissions.
9. Infinity GN will fulfill the considerations set forth in the Infinity GN Reward Program as long as the Adherent complies with the conditions set forth therein.
10. Infinity GN will resolve complaints and disputes brought to its attention as expeditiously as possible and in accordance with the provisions of the relevant section of the T&Cs.
Section III. Rights and Obligations of the Adherent
11. The acquisition of Bitex will be a prerequisite to have access to the aforementioned Education modules. The courses to which the adherent will have access will depend on
the amount of money paid, which will enable him/her the option to enter under a given Bitex rank.
12. The Member may request to unsubscribe at any time, however, Infinity GN shall not be obligated to refund any sums paid by the Member. Infinity GN may refund sums of money or points only when the minimum term agreed at the time of purchase has been fulfilled.
Section IV. Loyalty Plan
In relation to Adherents, Adherents may subscribe to the Infinity GN Loyalty Program, by doing so, they acquire the following duties in order to obtain the benefits set forth in the Platform and in this Agreement:
13. The Subscriber, subscribed to the Loyalty Program, acquires the duty to listen, on a monthly basis, to the conference developed in the Streaming platform. It will be clearly indicated as the monthly conference for the Loyalty Plan. The Member may listen to it on the same day it is given or on a deferred basis on any day of the month. To ensure compliance with this obligation, Infinity will verify on a monthly basis, through its platforms, that the Member has duly initiated the playback of the conference. Compliance with this obligation implies the right to receive the benefit(s) of the Loyalty Plan.
14. The Subscriber subscribed to the Loyalty Program, also acquires the duty to send monthly the link or hyperlink of the conference given during that month to at least one (1) person. The above with the intention to take advantage and enhance the dissemination tools that the Platform allows in order to promote the offer of Infinity GN to new people who do not know about the services of the company.
15. There will be no limit to the number of people to whom the Member can send the monthly link to the conferences developed on the Infinity platform, but this does not necessarily mean that there will be greater benefits and/or number of Bitex granted.
16. The benefits of joining the Loyalty Plan will be those published in the "Infinity GN Loyalty Plan".
Section V. Rights and Obligations of the Adherent who chooses to be an Independent Representative
17. Apart from what is mentioned in Section III, and apart from keeping up to date with the obligations of Section III of these T&Cs, the Adherent who pays his annuity and his subscription to the education modules may receive the status of Independent Representative, which will allow him to access the benefits contemplated in the Infinity GN Reward Program when applicable.
18. In the event that any consumer or Adherent complains that the Independent Representative who offered Infinity GN's products or services for sale has conducted himself or herself inappropriately during the course of the presentation of the product or services, Infinity GN will promptly investigate the complaint and shall be entitled to take such action as it deems appropriate and necessary under the circumstances to rectify the errors which, according to the findings of its investigation, have been made,
including, but not limited to, cancelling the Independent Representative's subscription on the Platform.
19. The Independent Representative shall act in a lawful and honest manner and Infinity GN shall not be responsible or liable for any promises, conduct or offers made by the Independent Representative to any third party where such promises or offers do not correspond to the terms and conditions actually offered by Infinity GN. The benefits that the Independent Representative may obtain are only those stipulated in the Terms and Conditions and in the Infinity GN Reward Program.
20. At the beginning of its sales presentation, the Independent Representative must state, accurately and clearly, who it is, what products and services Infinity GN offers, and the reason for this solicitation. All contact with the consumer should be made in a respectful manner and during reasonable hours. Any demonstration or sales presentation should be stopped at the consumer's request.
Section VI. Products, Services and Promotional Materials.
21. The offer made by any Adherent, especially an Independent Representative, regarding Infinity GN products or services must be accurate and truthful as to price, grade, quality, brand, value, performance, quantity, model currency and availability. Under no circumstances shall Infinity GN be liable if the Independent Representative offers services or benefits other than those set forth in the T&Cs or the Infinity GN Reward Program.
22. All claims for Infinity GN products or services must be supported by corroborating competent and reliable evidence and must not be misleading. The consumer's order for products and services must be fulfilled in a timely manner.
23. The Adherent must avoid making misleading comparisons with other companies. Any comparison must be based on facts that can be objectively verified and supported by verification by competent and reliable evidence.
24. The Adherent who chooses to be an independent representative agrees to the following:
a. That promotional literature, advertisements and mailings not contain, under any circumstances, product descriptions, services, claims, photos or illustrations that are false, misleading or deceptive. (Promotional literature must contain Infinity GN's name and address, or telephone number).
b. In turn, Independent Representatives must provide consumers with accurate information about price, payment terms, purchase cancellation period, including the return policy, warranty terms and services offered after the sale. Independent Representatives shall make understandable and accurate responses to consumer inquiries. To the extent that claims are made with respect to products, Independent Representatives shall make only those claims for products authorized by Infinity GN.
Section VII. Terms of Sale
25. Infinity GN will provide the Customer with a written order or receipt at the time of purchase. The Adherent is responsible for the following:
- a. Read fully the terms of these T&Cs, including the total amount that the Adherent will be required to pay for the amount of Bitex desired, in addition to other costs and expenses required by applicable law;
- b. Correctly give your personal data when you are asked to identify yourself. The Adherent understands that Infinity GN has parameters to identify Users and thus avoid any type of crime.
- 26. Infinity GN will offer a clearly stated written Cooling-Off Period, allowing the consumer to clear the sale within a maximum of three (3) business days from the date of purchase and to receive a full refund of the purchase price, provided that the educational content on the Infinity GN Platform has not been consumed.
Section VIII. Identification, Data Policy and Privacy
27. Adherents must take appropriate measures to safeguard the protection of any private data provided by a consumer, whether current or prospective, or other independent representative, whether current or prospective. Adherents must also refrain from making improper or unauthorized use of such information.
28. When the Adherent enters his or her data on the platform, Infinity GN collects personal information, such as name, email address, date of birth, gender, academic information, etc. Infinity GN also collects and automatically generates information from other areas of use, such as: service metadata, login data, device information, IP addresses, third party data, and information obtained from cookies.
29. Infinity GN may also collect, use and share aggregated data, for example, statistical or demographic data for any purpose. Aggregate data may be derived from the personal data given, but under the law it is not considered personal data, as it does not reveal identity either directly or indirectly. No special categories of personal data concerning you (understood as information about race or ethnic origin, religious or philosophical beliefs, sexual orientation, T&C opinions, trade union membership, as well as health, genetic and/or biometric data) will be collected or stored. No information about criminal convictions or offenses will be collected.
30. Infinity GN may contact the Member to participate in surveys. By participating in the surveys, the Member agrees that he/she has read and accepted the terms and conditions associated with the surveys. Some of the surveys will use information from the Member and their Infinity GN account. The results may be used for marketing purposes. Infinity GN will not transfer the Member's personal data to third parties. All personal data will be securely stored while the survey is being conducted and will be deleted after the results are published.
31. Only the Member's personal data will be stored on secure servers that are located in secure facilities in the European Economic Area ("EEA") and have up-to-date firewall protection. If the Subscriber wishes to unsubscribe, please send an email to [email protected] or [email protected]obal.
Infinity GN will process the request within five (5) business days. All data will be removed from the database.
Section XI. Income Representation.
32. The following are revenue representations for these T&Cs:
- a. Any oral, visual or written representation that conveys, expressly or by implication: i. a specific level or range of actual or potential sales; or
- ii. gross income or benefits, including, but not limited to, representations that expressly or impliedly imply lifestyle purchases, including homes, vehicles, vacations and the like that are related to earned income.
- b. Any statement, representation or hypothetical situation from which an independent, prospective seller would reasonably infer that he/she would earn a minimum level of income.
- c. Any graph, table or mathematical calculation showing possible income, actual or potential sales, gross profits or earnings based on a combination of variables.
- d. Marketing and advertising materials explicitly describing or promising potential income or lifestyle based on commodities/materials;
- e. Any award or compensation announcement with a description of prior earnings;
- f. In turn, the Adherent must comply with the following rules: i. Revenue representations and sales figures must be truthful, accurate, and must be presented in a manner that is not false, misleading or deceptive.
- ii. Independent representatives should provide sufficient information to understand that: (a) Actual earnings may vary significantly and depend on time committed, level of ability and other factors; (b) Not everyone will achieve the represented level of income; (c) Such amounts could be before expenses and taxes.
- iii. Independent Representatives must provide sufficient information to allow a reasonable assessment of the income opportunity.
- iv. If a specific Independent Representative's commission or bonus payment is included in an income representation, any distributions made for those payments to others in the sales organization must be disclosed or deducted from the figure(s) being used.
- v. Sales and revenue representations must be documented and substantiated. Independent Representatives must maintain this documentation and corroboration, making it available to Infinity GN, who may make a written request for such information.
Section X. Materials and Training.
28. Infinity GN will facilitate training for its Independent Representatives to operate in an ethical manner. Adherent offering promotional or training materials approved by Infinity GN must: a. Use only materials that meet the same standards used by Infinity GN.
b. Not to make the purchase of such materials a requirement for other Adherents to participate in the program;
c. Provide such materials at a price at which similar materials are generally available in the market.
Section XI. Intellectual Property.
29. Infinity GN owns or has the appropriate licenses for all algorithms, lines of code and all other components of the Platform. Infinity GN or the respective exhibitors are the sole owners of the intellectual property of the videos, educational modules, lectures and any other exhibits given on the Platform. Adherent has no right to reproduce any part of the Platform, reverse engineer it, make any changes or code to it, or in any way modify it, copy it, or put it to any use other than as permitted by the T&Cs. You understand and agree that you may not make any unauthorized use of Infinity GN's trade dress, name or any other distinctive sign, and such use shall be limited to that which is strictly authorized.
Section XII. Jurisdiction and Arbitration Clause
30. The T&Cs, and all other legal documents relating to the Adherents and Independent Representatives shall be governed by the laws of the State of Delaware, United States of America.
31. Any dispute or disagreement relating to the T&Cs or any legal document relating to the Adherents and Independent Representatives shall be resolved by arbitration at law under the laws of the State of Delaware, United States of America, through the process established in the Court of Chancery.
Section XIII. Statement of Parties and Release of Liability
32. The Customer and the Independent Contractor agree and understand that subscribing to Infinity GN's services does not create any type of employment relationship between the parties, and in particular the relationship between Infinity GN and the Independent Contractor is merely a business arrangement, and the Independent Contractor may never act on behalf of or for Infinity GN without prior authorization.
33. The Adherent and the Independent Representative accept and understand that there is risk in any investment and that there are no infallible methods for the management of resources, and therefore waive any action or claim against Infinity GN for the eventual results in the application of what has been learned in the Platform.
34. Infinity GN shall be defended, indemnified and held harmless by the Adherent or Independent Representative from and against any and all claims, complaints, claims, liability, damages, fines, penalties, costs, reasonable attorneys' fees and generally any expenses incurred by Infinity GN, its subsidiaries, directors, officers, employees, contractors and representatives as a result of any act or omission on the part of the Adherent or Independent Representative, including, but not limited to, misrepresentation, misconduct, negligence, misleading information, breach of Infinity GN's unauthorized representations and warranties, failure to comply with applicable labor, consumer protection and tax regulations, employment-related claims relating to Adherent's or Independent Representative's employees, or any other tortious conduct, violation of any law, or any illegal or unauthorized act.
Section XIV. Updating and Modifications.
35. Infinity GN may modify these T&Cs and all other legal documents related to the Member and the Independent Representative at any time, by notice, either on the Platform or by notification to the email address provided. If the use of the services provided by Infinity GN continues after the update or after five business days from such
update the Adherent does not delete his account, all changes will be deemed accepted. These changes include changes to the Infinity GN Reward Program and the Infinity GN Loyalty Program.
Section XV. Notifications.
36. To access the Platform will have to provide an email address which will be used by Infinity GN to make notifications. In the event that such email is no longer available, it will be the responsibility of the Member to provide a new email address, and to update their data when applicable, otherwise Infinity GN will continue to have the address and data provided as current and valid.
Section XVI. Handling of Complaints and Disciplinary Actions.
37. Any complaint or denunciation of inappropriate behavior or non-compliance with the agreed clauses on the part of the Adherent or member of Infinity GN will be handled by an internal committee that will carry out the pertinent investigations to determine the veracity of the facts.
38. Any complaint or report must be submitted in writing on the Platform to be taken into account, and within 5 working days it will be processed for the first initial response by Infinity GN's internal committee.
39. In the event that the internal committee determines that misconduct did occur, the person may be sanctioned with suspension of access to Infinity GN services for a period of 5 days to one year, up to and including permanent expulsion. In the event a person is sanctioned, Infinity GN will not be required to refund any amounts already paid by the sanctioned person, and will have no obligation to pay any INFINITY GN REWARD PROGRAM bonuses to the sanctioned person.
40. The sanction imposed by the internal committee will only be appealed to the Board of Directors of Infinity GN and must be raised within 3 days following the notification of the sanction by the Internal Committee and must be sent to the official mail of Infinity GN with a detailed explanation. The Board of Directors will have a maximum of 30 working days to issue its decision.