1. Introduction

Institut International de Formation Académique using the acronym INFAC LLC (collectively hereinafter referred to as “INFAC”, “we”, “us”, “our”), is a for-profit educational organization offering massive open online courses to different culturally diverse groups and communities under the internet domain https://www.infaconline.com which provides you (hereinafter collectively referred to as “user”, “student”, “participant”) access to INFAC services subject to the Terms and Conditions of Usage (TCU) described below. This TCU includes INFAC LLC Private Policy Document. You can use our services to improve your knowledge in the following fields: business, management, accounting, finance, banking, law, leadership, science, information technology and language in an easy and efficient manner. This TCU and the Private Policy Document are designed and adapted from other leading massive online education providers in order to align to industry standards for best practices. The sole purpose of this TCU and Privacy Policy Document is to help INFAC users familiarize with its specific services and procedures.

Once you register with INFAC, you agree to these general TCU and you enter into a valid contract with INFAC. Please read these TCU carefully, as they make up the legal framework applying to the use of the INFAC. If you do not agree to this TCU, do not use the Services. INFAC exclusively addresses private individuals or final consumers. If you under the age of 18, but at least 13 years of age, you represent and agree that you are an emancipated minor or possess legal parental or guardian consent to use the Services and are fully able and competent to enter into all the terms and conditions provided by this document. if you are under 13 years of age, do not use the Services.

INFAC offers free and paid online courses as stated. All courses are subject to at least an administrative fee (even for the free courses) in order to allow for a high standard of technology and learning material. The content is professionally produced. Fees are explicitly charged to the user.

2. Scope, Definitions

The TCU apply to all users of the INFAC website(s). Any deviating or supplementary provisions agreed upon the conclusion of the contract shall only apply if drawn up in writing. These TCU apply to all services provided by INFAC.

SPECIAL NOTICE FOR CALIFORNIA RESIDENTS: Under California Education Code (Section 94874 (f)), INFAC is limited to accepting under $2,500 in fees for any individual program of courses pursuant to the exemption set forth in the statute. Therefore, in order to comply with the California licensure requirements, INFAC shall limit paid subscriptions for California residents accounting for more than $2,500.

A verified certificate of accomplishment upon conclusion of the applicable online program and/or course shall be awarded, in the sole discretion of INFAC and the instructors for the online courses, to students or participants who have completed the course to the satisfaction of INFAC.

INFAC may also offer online courses in partnership with accredited universities and other educational institutions, corporate sponsors and non-profit foundations and institutions locally or abroad whereby academic credit or certification may be offered solely by the organizations mentioned above.

INFAC may also partner with companies who will sponsor or pay for online courses for users or those companies’ employees/associated persons.

INFAC reserves the right, at any time and from time to time, to modify, discontinue, temporarily or permanently, the Services provided or any part or portion thereof, with or without notice to you. You agree that INFAC shall not be liable to you or to any third party for any modifications, suspensions, or discontinuance of the Services, or any portion thereof. Nothing in this TCU shall be construed to obligate INFAC to maintain and support the Services or any part or portion thereof, during the term of this TCU.

INFAC and the instructors further reserve the right to alter, modify or rearrange the schedule of topics for the online courses, as well as the point value or weight of assignments, tests, quizzes, exams, projects, and other such evaluations of progress. By attending the online courses, Students acknowledge that INFAC and the instructors maintain the right and ability to adapt, modify or revise the Online courses as INFAC and the instructors deem appropriate    

3. Registration and Conclusion of the Contract

3.1    Bookings can be made by the following steps:

  1. creating a free user/student account by clicking on “Register” and entering your personal data;
  2. selecting the desired course by clicking on “enroll now” or “place into cart”;
  3. Mandatory dispatch of the order by clicking on “pay”. Thus, the participant makes a binding offer to use the selected services provided by the INFAC.

3.2    The qualifying contract to use the services provided by INFAC is only valid when receiving the confirmation email. This email contains the information that the account was set up and the required credentials and a link for the booked course via which the subscriber can log on to the console and start taking the course. The customer must immediately inform any shortcomings and mistakes of the services.

3.3    INFAC reserves the right to not accept a booking without giving reasons. If INFAC does not accept a booking, this will be communicated to the affected users immediately by email. Bookings are limited to the specific course offering and do not entitle you to other courses or an extension of access.

In setting up your user account, you may be prompted or required to enter additional information, including, but not limited, to your name and email address. Additional information may be required to confirm your identity upon setting up your User Account and/or thereafter, for example, to confirm identity prior to receiving a credential of completion of a course and or program. You understand and agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the services and your enrollment any courses or programs to the extent applicable.

3.4    Contractual partner of the participant:

INFAC LLC

11555 HERON BAY BLVD
SUITE 200
CORAL SPRINGS, FL 33071 USA

International (Haiti) Representative:

Social Marketing for Global Education (SOMED)

11, Rue Ogé

Petion Ville

Haiti

3.5    The use of all these services is a matter reserved to the participant. A transfer of the credentials, the access or the content is expressly prohibited.

4. MODIFICATION OF THIS TERMS OF USE

INFAC reserves the right to change or modify this TCU at its sole discretion at any time. INFAC will notify you of any material changes to the terms and conditions of this TCU or to any service or other feature of the services and you must accept such changes in order to continue your use and access thereof. If you do not accept such changes your use and/or access to the Services will be terminated. Any change or modification to this TCU will be effective immediately upon posting by INFAC on its Websites or applications, or as of the date indicated in the updated TCU.

5. Student and participant communications

5.1 Agreement to Receive Electronic Communications.

As a student, you expressly consent to electronically receive all communications, agreements, documents, notices and disclosures whether transactional or promotional in nature as described more fully in the Privacy Policy You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.

By agreeing to receive electronic communications and/or by providing us your telephone or mobile number in connection our services, represent that you are the subscriber of the cellular service at the mobile number provided, or that you are authorized by the subscriber to receive communications by telephone or text message. You further consent to receive autodialed or prerecorded calls, SMS, and/or text messages from us so that we may (i) notify you about activity connected with your User Account and any use thereof; (ii) provide you with services associated with the websites or online courses; (iii) troubleshoot problems with your user account; (iv) resolve disputes; (v) collect debts; or (vi) as otherwise necessary to service your user account or enforce this TCU, our policies, applicable law, or any other agreement we may have with you. With your consent, we may also use automated technology or a pre-recorded voice to contact you by phone or SMS with offers and promotions that may interest you. To opt out of receiving offers and promotions by phone or SMS, please text STOP in reply to any communication sent by us or to the phone number identified in connection with our Service from the device for which you no longer wish to receive communications. We won’t share your phone number with third parties for any other purposes, other than to provide services to INFAC on our behalf as noted below, without your consent. We may share your phone numbers with our affiliates or with our third-party service providers, such as provision of services, customer support, billing or collections companies, who we have contracted with to assist us in pursuing our rights or performing our obligations under this TCU, our policies, applicable law, or any other agreement we may have with you. Other than prohibited by law, you agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. Standard telephone minute and text charges may apply.

You further understand and consent that we may, upon notice at time of contact, monitor, or record telephone conversations between us (or our service providers) and you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

6. User conduct policy

As a condition of accessing or using any of the services, online courses and or programs, you are, prohibited from undertaking, and agree not to: (a) violate any applicable laws, regulations, or rules; (b) set up multiple user accounts, (c) reproduce, duplicate, copy, sell, resell, display, publish, transfer, distribute, create derivative works of, or exploit for any commercial purposes any portion of the Services, the online courses, any content, or any other aspect of our operations, other than as expressly allowed under this TCU; (d) reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Services; (e) use INFAC’s name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (f) use any high volume, automated, electronic, or third party means to access the services including without limitation robots, crawlers, browser plug-ins, browser extensions, spiders, or scripts (“Add-ons”)); (g) frame the services, place pop-up windows over its pages, or otherwise affect the display of its pages; (h) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present; (i) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the services; (j) directly, or through any Add-ons, scrape any part of the websites and/or services; and/or (k) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the services.

In addition, you may not post, upload, or transmit to or otherwise make available through the services any content, communications, or other information that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others; that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; that violates the rights of other users of the services; or that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity. To the extent you are registered or enrolled as a student in, or are otherwise attending, an online course provided by an a partner or other institution with its own policy regarding student and/or employee conduct or an “honor code,” those terms shall apply to you as a student and/or employee of such institution.

7. INFAC’S intellectual property rights

The services are owned and operated by INFAC and its partners. All content or other material available through the services, including, but not limited to, information on the websites, on-line lectures, speeches, video or other lessons, applications, pre-assessments and assessments, quizzes, presentation materials, homework assignments, programming assignments, programs, code, licenses, and other images, text, layouts, arrangements, displays, illustrations, documents, surveys, materials, audio and video clips, HTML, and files are the property of INFAC and/or its affiliates or partners and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.

INFAC logos, trademarks and service marks which may appear on the Website(s), throughout the services and in online courses are the property of INFAC and are protected under United States and foreign laws. All other trademarks, service marks, and logos used on the Services, with or without attribution, are the trademarks, service marks, or logos of their respective owners. In addition, elements of the Services are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of INFAC.

From time to time, INFAC may include software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an “as-is” basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. INFAC and/or its affiliates and partners reserve all rights not expressly granted herein to the services.

8. Prices and Services

8.1 The costs of a course are specified in the course descriptions. A partial use of the online training does not grant a reduction of fees.

8.2 The prices include the use of the course portal, viewing of the course content, taking the course exams, and receiving a digital course certificate (PDF-file). Free courses are subject to an administrative fee for the issuance of a digital course certificate (PDF-file) that is specified before checkout.

8.3 Price Changes

We reserve the right to modify, terminate, or otherwise amend the fees and features associated with your subscription. If we notify you in advance of at least fifteen (15) days, your continued use of INFAC and the online course after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may terminate your subscription by cancelling at any time. If you accept the new subscription, its terms and conditions with these Terms will apply for all future months.

9. Payment Methods

9.1 Usage fees for services are payable in advance.

9.2  The user may affect payment by using one of the payment methods specified such as a credit card or PayPal for users located in countries where Paypal conducts its business. Payment can also be made vis Mon Cash (Digicel) platform for users located in Haiti.

9.3  Billing takes place digitally, a paper billing will not occur. The invoice is sent to the email that was typed in as part of the online registration form or the account used in the payment service.

9.4 Credit Card Billing

Credit card payments are processed by our third-party payment processor(s), including  PayPal and/or Mon Cash (Digicel). By agreeing to this TCU, you agree to be bound by PayPal’s Terms of Service or Mon Cash’s Terms of Service as applicable. Any breach of those terms will be treated as a breach of these Terms. If any fee is not paid in a timely manner, or our processors are unable to process your transaction using the credit card information provided, we reserve the right to terminate your account or suspend or terminate your access to the online course as we deem appropriate. If your payment details change, your card provider may provide us with updated card details and you agree to our collection of such details. We may use these new details in order to help prevent any interruption to the Services. If you would like to use a different payment method or if there is a change in payment method, please visit your account settings to update your billing information.

10. User’s Right of Cancellation

Except as otherwise required by law or subject to contractual obligations, users enrolling in term-based offerings have seven (7) days from the first date the online course begins. In order to cancel and request a full refund contact us at support@infaconline.com. Fees paid for such programs are thereafter non-refundable for that term. Following your request to cancel via contacting the support team, you may receive an email from INFAC in order to obtain information and feedback relating to your request, so that INFAC can better understand your needs and preferences, you may also consent to participate in a call with an INFAC representative for similar purposes. Notwithstanding such communications, the date of your original cancellation request will serve as the date for calculating your refund eligibility; additionally, you will not be required to engage in such communications in order to complete your cancellation.

10.1 Cancellation & Refund Policy for Citizens of European Union

Citizens of the European Union are entitled to a full refund during the first Fourteen (14) days following when their subscription begins. The 14-day period refund is only available during the first month, regardless of payment method: subscription, manual, term-based payment method. All other refund and cancellation terms also apply.

10.2 Cancellation & Refund for any other international students

For international students, cancellation period is 3 days. The cancellation period begins with the receipt of this information via email support@infaconline.com in text form, but not prior to the conclusion of the contract and not prior to us providing the mandatory information. In order to observe the cancellation period, it is sufficient to send the cancellation during the cancellation period.

11. Refunds

Other than stated above for each form of enrollment or payment method, you hereby acknowledge and agree that INFAC will not offer refunds on any fees and charges related to your purchase of any products or services. This includes any partially used or unused periods for which you have already paid, regardless of whether it is a tuition or one-time term payment method. We do not guarantee refunds for lack of usage or dissatisfaction. For registration-based enrollments, upon the termination of your registration—whether by disenrollment or graduation—you will not be charged for future monthly fees. However, you will not be issued a refund for the most recently (or any previously) charged fees. In addition, if you cancel your registration, and subsequently re-enroll for an Online course, you will not be entitled to any additional refund period, only one refund is permitted per student per online course. If you purchase any online course or service through a mobile purchase or third-party marketplace (e.g., in-app purchases through the Apple App Store, Android App Store or purchases made through certain alternative payment services), the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by INFAC. Except as otherwise explicitly stated by INFAC, the third-party marketplace will be solely responsible for making refunds under its refund policy, and INFAC will have no refund obligations. INFAC disclaims any responsibility or liability related to any third-party marketplace’s refund policy or the third party’s compliance or noncompliance with such policy.

12. Services availability and limitations

You acknowledge and agree that INFAC’s services, including paid services and products, are not available at all times, and that certain usage limits may apply. You also understand that INFAC, at its sole discretion, may limit, suspend, or terminate your use of any of the services, including, without limitation those related to the online courses. You also understand that INFAC may modify or discontinue any or all of the Services related to its online courses at its sole discretion.

13. Disclaimer of warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES AND ALL CONTENT IS AT YOUR SOLE RISK AND RESPONSIBILITY. THE SERVICES AND ONLINE COURSES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE SERVICES, ONLINE COURSES, AND CONTENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SERVICES, WEBSITES, , CONTENT, OR THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE WEBSITES OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SERVICES OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF SERVICES.

14. Limitation of liability

UNDER NO CIRCUMSTANCES SHALL INFAC BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS TCU (INCLUDING ANY BREACH OF SECURITY OR DATA LOSS OR USER’S RELIANCE ON OR USE OF ANYTHING LEARNED IN ANY ONLINE COURSE IN ANY MANNER) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOSS OR INACCURACY OF DATA OR DOCUMENTS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. INFAC’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS TCU WILL NOT EXCEED THE GREATER OF TWENTY U.S. DOLLARS ($20) OR THE AMOUNT OF FEES RECEIVED BY INFAC FROM THE COMPLAINING USER FOR THE USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, A USER’S USE OF CODE OR SKILLS LEARNED DURING ON AN ONLINE COURSE WHICH USER UTILIZES IN ANY MANNER); THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT EXPAND OR INCREASE THE FOREGOING LIMITATION. THE PARTIES ACKNOWLEDGE THAT THIS CLAUSE REFLECTS THE AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT INFAC WOULD NOT ENTER INTO THIS TERM OF USE OR MAKE THE SERVICES AVAILABLE TO USER WITHOUT THESE LIMITATIONS ON LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN.

SOME OF THE ABOVE LIMITATIONS MAY NOT TO APPLY TO YOU AS NOT ALL JURISDICTIONS ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

15. Linking to third-party sites and content

The websites and/or online courses may contain links to pages or content on third-party websites which may contain content or offer products and/or services for sale. INFAC does not author, edit, control, or monitor these linked sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from the Websites or Online Courses at any time for any reason or for no reason. INFAC WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES. We appreciate that the sites linked to us may contain material in which the operator has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to other site does not create or imply any relationship or partnership with the operator of such linked site.

16. Indemnity

You agree to indemnify, defend and hold harmless INFAC, its subsidiaries and affiliates, and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the services in violation of this TCU, (b) your use or attempted use of any code, program, data, information or any other Content provided through the Services in a manner inconsistent with this TCU, (c) your use or your violation of any law or rights of any third party, or (d) your information you post or otherwise make available on or through the Services, including without limitation any claim of infringement of intellectual property or other proprietary rights.

16.1   INFAC strives to ensure that the portal functions properly at all times. However, INFAC does not guarantee uninterrupted access.

16.2    For providing its service, INFAC uses the technologies currently and commonly used in the field. To be able to make full use of the services offered by INFAC, the user must likewise use these technologies (e.g. up-to-date browser technologies, Adobe Flash) or enable their use on its computer (e.g. activate JavaScript able cookies and pop-ups). If older or not commonly used technologies are used, the user might only be able to make limited use of the services provided by the INFAC.

16.3    Claims for damage on the part of the user are excluded. The exclusion does not extend to damage claims asserted by the user arising from death or injury to body or health or infringement of essential contractual obligations as well as the liability for other loss or damage caused by a premeditated or grossly negligent contractual infringement on the part of INFAC, its legal representatives or vicarious agents. Essential contractual obligations are those which must be met to achieve the goal intended by the contract.

16.4    In the event of infringement of essential contractual obligations, INFAC shall only be liable for contractually typical, foreseeable loss or damage if the infringement was due to ordinary negligence unless it is a case of damage claims asserted by the user arising from death or injury to body or health.

17. Copyrights, Trademark Rights, Property Rights and Rights to the Use of Names

Unless content is expressly labeled as creative commons all texts, images and other works created by the INFAC and distributed within the context of the study portal are protected by copyright and any use outside of the portal requires the prior approval of the INFAC.

18. Termination of rights

You agree that INFAC, in its sole discretion, may deactivate your user account or otherwise terminate your use of the services, or any part thereof, for any reason or no reason, including, without limitation, if INFAC believes that you have (a) breached this Terms of Use; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted unauthorized content to the services; or (d) violated or acted inconsistently with the letter or spirit of this TCU or any applicable code of conduct. You agree that any deactivation or termination of your access to the Services may be affected without prior notice to you and that INFAC shall not be liable to you nor any third-party for any termination of your User Account or access to the online courses or services. You also acknowledge that Udacity may retain and store your information on INFAC’s systems notwithstanding any termination of your account or the online courses as set forth in our Privacy Policy.

10. Privacy Policy

Please take a look at the details on data protection on our “Privacy Statement” site.

11. Final Provisions

11.1   Agreements between the INFAC and the user shall be subject to the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

11.2   The Parties agree to exclude those provisions of the German international civil law that may cause the exclusive application of any other jurisdiction.

11.3   Should individual points of these TCU be legally invalid, the remaining portions hereof shall be unaffected and remain binding.

11.4   The INFAC reserves the right to modify these TCU at any time and without indicating the reason for such modification, as far as those modifications are based upon changes in the services provided by the INFAC, changes of the INFAC upon legal changes or changes due to technical requirements. This includes the INFAC offering new services. The modified TCU shall be sent to the user in advance by email. If the user does not object to the modified TCU within a period of six weeks, they are deemed to be accepted. If the user objects, the INFAC may close the user’s account and receive a refund for any the rest of the respective term. The INFAC shall separately point out these legal consequences in the email with the modified TCU.