By accessing or using infinitycns.com, you acknowledge and agree to these Website Terms & Commercial Disclaimer.
1. Purpose of this website
This website provides general information about Infinity Consulting and Sourcing Pty Ltd (“Infinity”, “we”, “us” or “our”), our services, international network and potential commercial opportunities.
The website is intended as an introductory commercial information platform.
The website itself is not a transaction, contract, binding offer, confirmation of supply or guarantee of availability.
2. Current Opportunities are indicative only
Information displayed under Current Opportunities or elsewhere on the website is preliminary and indicative only.
Information may include product type, origin or region, quantity, specification, packaging, delivery basis, Incoterms, status, availability, timing, photographs and general descriptions.
Such information may change at any time and without notice due to factors including product being sold or allocated, new stock or shipments becoming available, supplier availability, pricing or market conditions, freight and logistics, customs requirements, inspection or testing results, regulatory or sanctions developments, payment terms, commercial negotiations, or other circumstances outside Infinity's control.
A listing marked “Available” means that, based on information available to Infinity at the relevant time, the opportunity may be open for enquiry. It does not constitute a warranty or guarantee that the stated product, quantity, price, specification, shipment, delivery basis or other terms remain available or can be supplied to a particular party.
All material commercial terms must be separately confirmed.
3. No reliance for onward commitments
Website information must not be relied upon as confirmation of supply, purchase, sale, financing, delivery or transaction completion.
Visitors and counterparties should not make onward sales, presales, purchases, financing commitments, contractual commitments or other commercial decisions based solely on information displayed on this website.
A party considering any commercial commitment should first obtain current confirmation of the relevant opportunity and complete the appropriate commercial, verification and contractual process.
To the maximum extent permitted by law, Infinity is not responsible for loss arising from a party making independent commercial or financial commitments in reliance solely on preliminary or indicative website information.
4. Transaction process and confirmation
Submitting an enquiry, receiving a response from Infinity, participating in discussions or receiving preliminary information does not create a binding transaction.
Depending on the nature of the opportunity, a transaction may involve steps including initial qualification, identification and KYC, confirmation of authority or mandate, confidentiality arrangements such as an NCNDA, commission or fee-protection arrangements including an IMFPA where applicable, current offer and specification confirmation, due diligence and verification, inspection or testing, commercial negotiation, logistics and payment discussions, execution of a Sale and Purchase Agreement or other transaction-specific agreement, delivery, and settlement/payment.
Not every transaction will require every step or document, and the sequence may vary according to the transaction.
No website content replaces the transaction-specific agreements required to create binding obligations between the relevant parties.
5. Executed agreements prevail
Where a duly executed transaction-specific agreement conflicts with preliminary website information, correspondence, discussions or indicative materials, the executed agreement will govern to the extent of the inconsistency, subject to its terms and applicable law.
NCNDAs, IMFPAs, mandates, SPAs and other transaction documents may contain their own governing law, dispute resolution, confidentiality, liability and other provisions.
6. Third-party information
Infinity works with buyers, sellers, suppliers, producers, manufacturers, agents, commercial contacts and other independent third parties.
Some information communicated or displayed by Infinity may originate from those parties.
Infinity may undertake preliminary checks, due diligence, inspections or verification where appropriate, but publication or communication of third-party information does not constitute an independent warranty by Infinity that all such information is complete, authentic, accurate, current or free from error.
Each party remains responsible for conducting due diligence appropriate to its own circumstances before entering into a transaction.
7. Infinity's role
Infinity provides international sourcing, consulting and transaction-coordination services.
Depending on the engagement, Infinity may assist with activities including sourcing, commercial introductions, preliminary verification, inspections or site visits, communication between parties, commercial discussions, logistics coordination, documentation coordination and transaction support.
Unless expressly agreed otherwise in writing, Infinity does not control and is not responsible for the independent performance of buyers, sellers, suppliers, manufacturers, inspection companies, carriers, freight providers, banks, payment providers or other third parties.
Infinity does not guarantee that any enquiry or opportunity will result in a completed transaction.
8. No financial or investment advice
Information on this website is provided for general commercial and informational purposes only.
Infinity does not provide financial product advice, investment advice, legal advice or tax advice through this website.
Nothing on this website is intended to constitute, and Infinity does not through this website offer to provide, a financial service for which an Australian financial services licence or authorisation is required.
Nothing on this website, including information relating to commercial or transaction partners, should be interpreted as a recommendation to acquire, dispose of or invest in a financial product, financial product advice, investment advice, an invitation to the general public to invest, a representation that any investment or transaction is suitable for a particular person, or a promise, forecast or guarantee of investment return or financial performance.
Any potential commercial or transaction participation is considered separately and privately, subject to appropriate due diligence, risk assessment and transaction-specific documentation.
Any person considering financial participation should obtain their own independent legal, financial, tax and other professional advice appropriate to their circumstances.
9. Compliance, sanctions and risk
Infinity conducts its activities subject to applicable legal, regulatory, trade and sanctions requirements.
Infinity may undertake risk-based due diligence appropriate to the circumstances of an enquiry or transaction.
Infinity reserves the right, at its discretion, to decline, suspend or discontinue involvement in an enquiry, relationship or transaction where concerns arise regarding sanctions or trade restrictions, legality or regulatory compliance, fraud or suspected fraud, identity or authority, ownership or control of a counterparty, source of goods or funds, counterparty risk, documentation, reputational risk, payment or logistics risk, or any other matter Infinity considers creates an unacceptable level of commercial, legal or compliance risk.
Infinity's decision to continue considering or participating in an opportunity does not constitute a guarantee that a counterparty, product, document or transaction is risk-free or fully verified.
10. No authority or agency created
Nothing on this website, and no listing or reference to a commercial contact, agent, representative, supplier, buyer, seller, regional contact or other third party, creates authority for that person or entity to legally bind Infinity unless Infinity has expressly granted such authority in writing.
No person should rely on representations by a third party as creating an obligation of Infinity unless the relevant representation or authority has been confirmed by an authorised representative of Infinity.
11. Specifications, images and descriptions
Product specifications, photographs, videos, illustrations, maps and descriptions on the website are provided for general information and may be representative.
Unless expressly confirmed in transaction-specific documentation, they should not be treated as a warranty that a particular shipment or product will correspond exactly with website material.
Full specifications and current commercial information should be requested and confirmed for the relevant opportunity.
12. Website availability and errors
Infinity aims to maintain useful and current website information but does not guarantee that the website will always be available, uninterrupted, secure or free from technical errors.
We may update, remove, suspend or change website content without notice.
13. Limitation of liability
To the maximum extent permitted by applicable law, Infinity excludes liability for loss or damage arising solely from reliance on preliminary or indicative website information, changes in product or opportunity availability, third-party information or conduct, a visitor making onward or downstream commitments before a transaction is formally confirmed, interruption or unavailability of the website, or unauthorised or improper use of website information.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right, remedy or liability that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.
14. Intellectual property and website use
Unless otherwise stated, the website's branding, original written content, graphics and other materials are owned by or licensed to Infinity.
Website content may be viewed and used for legitimate evaluation of Infinity's services and commercial opportunities.
It must not be reproduced, misrepresented or used in a manner that falsely suggests endorsement, authority, representation or affiliation with Infinity.
15. Governing law
These Website Terms & Commercial Disclaimer are governed by the laws of New South Wales, Australia.
Subject to any mandatory applicable law, disputes concerning use of this website or these Website Terms are subject to the jurisdiction of the courts of New South Wales, Australia.
Individual international transactions and transaction-specific agreements may specify different governing law or dispute-resolution arrangements.
16. Changes to these Terms
Infinity may amend these Website Terms & Commercial Disclaimer from time to time.
The version published on the website at the relevant time will apply to use of the website from its stated effective date.
17. Contact
Infinity Consulting and Sourcing Pty Ltd
ABN 23 689 520 081
Sydney, Australia
Email: ross@infinitycns.com