GENERAL TERMS AND CONDITIONS

Products offered at www.infinitefileservice.com are only intended for sales to Professional Installers. Those products are not suitable for non-professional natural or legal persons. 

1- In general

1.1- These General Terms and Conditions govern the relations between INFINITE PERFORMANCE AUTO GENERAL REPAIRING CO. L.L.C (Main License No: 1346396 Al Budoor BLDG, DUBAI U.A.E) (hereinafter referred to as “INFINITE PERFORMANCE”.) and the Professional Installer (hereinafter referred to as the “Installer”.)  and only these general terms and conditions shall prevail unless otherwise is agreed.

1.2- Upon the execution of these General Terms and Conditions, only the Installer who purchases such tuning software and calibration files provided by Infinite Performance shall use the products for professional purposes only and these General Terms and Conditions shall be applicable to all distance sales contracts.

1.3- Such terms and conditions posted at the web site shall be applicable at the time of the order placement for the product selected by you.

1.4- Installer agrees and undertakes that when he purchases Infinite Performance products over the web site, it has read the General Terms and Conditions. Installer expressly agrees and undertakes that it is particularly bound by the conditions of the Software License Agreement, which forms an integral part of these General Terms and Conditions by purchasing, downloading or using the products. The terms and conditions of the Software License Agreement shall prevail in the case of a conflict between the General Terms and Conditions and the Software License Agreement.

1.5- Infinite Performance reserves its rights to change the General Terms and Conditions at any time.

1.6- Unless a written agreement is reached by Infinite Performance, no change or exclusion shall be applied to these General Terms and Conditions. Exceptions to one or more than one clause hereof shall not affect the enforcement of the remaining provisions.

2- Professional Installer

2.1- Because the products are software and calibration files that require technical knowledge and expertise, Infinite Performance offers those products only and expressly to those professional and well-versed and diligent professional installers.

2.2- An Installer that buys Infinite Performance products agrees and undertakes that he is a professional installer with comprehensive knowledge and training about the re-programming of a vehicle’s engine control unit.

3- Information Provision, Order Placement, Pricing and Product Preparation Process

3.1- General information posted by Infinite Performance at the web site is subject to corrections and changes at all times. Infinite Performance reserves its right to change such information at any time as required by the brand principle and legal regulations.

3.2- All quotations and products are subject to preparation time. Upon the receipt of the vehicle details, Infinite Performance shall make the product ready within one (1) business day and upload it to the interface at the website. This term may be extended up to three (3) business days in the case of a force major event.

3.3 Prices posted at Infinite Performance web site are the then applicable current prices for the products.

3.4- Prices posted at the web site for the products are expressed in Euros and exclude taxes.

3.5- Infinite Performance may update the prices posted at the web site at any time in relation to economic conditions.

3.6- In the event that an order is placed, the then current prices applicable on the date of approval shall be valid and shall be specified in the account of the purchasing Installer.

3.7- Infinite Performance acts subject to the restrictions outlined in these General Terms and Conditions and depending on the availability of the products. It reserves its right at all times to cancel an order if the Installer fails to comply with legal regulations or to act in line with the terms and conditions set out in the Software License Agreement or due to force major events.

3.8- When a product is purchased, the purchasing Installer may not demand a new subsequent version of it due to improvements and updates applied by Infinite Performance to the product. Where the Installer wishes to get updates for the software or calibration file, it is required to place a new order and make a payment over the web site.

4- Order Process

4.1- Before a product is ordered, the Installer is required to create membership over www.infinitefileservice.com. The Installer account shall be created upon the completion of the registration process and by providing Infinite Performance with the accurate, up-to-date and complete information asked on the application registration form. In the case of misinformation (memberships created via invalid telephone/ e-mail address or memberships made with deceptive software), this may cause Infinite Performance to fail to deliver the ordered product.

4.2- The Installer may purchase the products posted at the web site after it creates an account. A software and calibration file that is purchased and paid under these General Terms and Conditions may be downloaded by means of the interface at the web site.

4.3- Purchased products may not be cancelled and returned. Any demand for a price refund shall give rise to the suspension of the web site membership and the failure to use the interface.

5- Invoice and Payment

5.1- After the approval of the order, the e-invoice/ e-archive shall be issued to the Installer and shall be sent to the e-mail address that was specified at the time of the membership creation. An Installer shall be obliged to make the payment for the purchased products by means of “Stripe”, the online payment tool at the website interface, unless it and Infinite Performance agree otherwise.

5.2- Infinite Performance reserves its right to change the payment method. If it decides to use other payment methods, it shall announce it at its website.

5.3- All transactions are encrypted with SSL technology in order to secure the online payments by the Installer.

6- Delivery of Products

6.1- The Installer must read the vehicle’s engine control unit and submit a form completed with complete and accurate information so that Infinite Performance shall prepare the purchased product.

6.2- After the form referred to in Article 6.1 is collected and the vehicle’s maps are read, the relevant software or calibration file shall be uploaded by Infinite Performance to the interface at its web site and the Installer shall be able to download that file from there.

6.3- The Installer shall be fully liable for the correct set-up of the software/calibration file in the vehicle. If the product is defective or malfunctioning, the Installer shall give a notice immediately. In the event that the product is used in its such form or the set-up becomes a failure, the Installer shall be responsible.

6.4- The Installer may not demand the return of the product for any reason whatsoever after s/he places her/his order.

7- Control and Acceptance

The Installer, its representatives or employees should inspect the products at the time of its delivery. If the product is faulty or is alleged to fail to conform to the order, the alleged fault or non-conformity shall be notified in writing within three (3) business days. Otherwise the product shall be deemed to have been accepted.

8- Responsibilities of the Parties

8.1- The Installer agrees and undertakes to bear all costs for any damages resulting from the product that is prepared in line with the form completed by him.

8.2- The Installer is obliged to use the products supplied by Infinite Performance with original and recommended re-programming devices.

8.3- The compatibility of the products developed by Infinite Performance with the vehicles in which they are set up have been tested and certified.

8.4- Infinite Performance may not be held liable for the following circumstances:

- Damages arising from the unduly use of the products or their use beyond their standards;

- Damages arising from the materials or services supplied by third parties without the prior written consent of Infinite Performance;

- Damages caused in any way, directly or indirectly, including, but not limited to, improper use of the products, negligence, or misuse by the installer,

-  Damages caused by force major events listed in Article 9.

9- Force Major Events

A force major event means any circumstances that severely threatens the public health, state of war, or a war threat, full or partial mobilization, state of emergency, lock-outs, strikes, sabotages, flood, fire and similar Acts of God, the failure to make products ready due to the damage to Infinite Performance equipment and hardware. If a force major event prevents the performance of, or renders it impossible to perform, an obligation, or causes a late performance, then Infinite Performance shall not be liable to the Installer in any way.

10- Intellectual Property Rights

10.1- Infinite Performance products, services, contents and anything posted at the web site (including all trademarks, logos, designs, drawings, data, product and/ or company names, texts, pictures, software etc.) are protected by intellectual property rights. The authority to use them may be vested in only those third parties authorized by Infinite Performance. The Installer and its representatives and employees shall not have the right to edit, copy, distribute, transmit, re-present, reproduce or publish or transfer any information or contents provided to them under any license or create derivative works from the said elements and to assign or sell or transfer them. The supply by Infinite Performance of products or services shall not be interpreted as a transfer or provision of intellectual property rights in any way. No permission shall be given in any event for setting up an automatic link between www.infinitefileservice.com and any other web site, or a links that automatically reverts to the web site of Infinite Performance without the consent of Infinite Performance.

10.2- Products supplied by Infinite Performance shall remain the exclusive property of it. The use of products shall be subject to the conditions of the Software License Agreement, which forms an integral part of these General Terms and Conditions. The Installer agrees and undertakes that upon the expiry of the use of the product, it shall destroy the products together with all documents and papers related to them. It also undertakes and agrees to keep confidential the software/calibration files and annexes to it.

10.3- In the event that the intellectual property rights of Infinite Performance are infringed in any way, such civil and criminal procedures shall be enforced in line with Turkish Republic legislation.

11- Duty to Inform

11.1- Following the modifications, the vehicle owner shall be always obligated to act in a manner that would not be in breach of the applicable laws of the relevant country and to ensure that the vehicle shall be fit all times for use in traffic. If it is required to notify relevant institutions of these modifications, this shall be the responsibility of the vehicle owner.

11.2- In the event that reprogramming of the vehicle's engine control unit or performing installations require the removal or emptying of the vehicle's catalytic converter, or results in increased emission values or similar issues, and if such actions would violate the applicable laws of the relevant country, the Installer agrees and undertakes to obtain explicit written consent from the vehicle owner. In such cases, all responsibility shall rest with the vehicle owner.

11.3- The Installer shall be obliged, as a professional, to properly inform vehicle owners about their obligations under the applicable laws of the relevant country while setting up the products in the vehicle. The Installer agrees and undertakes that by accepting these General Terms and Conditions, it shall comply with its obligation to inform its customers prior to the contract.

11.4- Infinite Performance may not be held liable in any event if these obligations are not fulfilled.

12- Confidentiality

12.1- Confidential information refers to any written or verbal information obtained directly or indirectly about one party by the other party in connection with the clicking of the checkbox related to these General Terms and Conditions. Regardless of the medium through which such data is transferred, all contents therein shall be considered confidential. For this reason, the Installer may become aware of the confidential information of Infinite Performance. By clicking of the checkbox for these General Terms and Conditions, the confidentiality obligation as between the parties shall become effective.

12.2- By virtue of these General Terms and Conditions, the Installer agrees and undertakes that it shall carry out all actions expected from it to ensure that its representatives and employees shall avoid any act that would result in the disclosure, distribution or violation of confidential information.

12.3- The Installer agrees and undertakes that by clicking the checkbox for these General Terms and Conditions, the confidentiality obligation shall survive the termination of the performance.

12.4- Upon clicking the checkbox for these General Terms and Conditions, the Installer may not disclose the confidential information collected with third parties, institutions or organizations in any manner unless such disclosure is legally required.

12.5- If, according to the situation set out in Article 12.2, such documents and papers containing Infinite Performance information shall be disclosed following administrative, penal or legal sanctions that the Installer may sustain, Infinite Performance shall be immediately informed in this respect. Otherwise, the Installer agrees and undertakes to compensate Infinite Performance an amount equivalent to one hundred (100) times the sales price of the product(s) purchased hereunder.

13- Relation between the Parties

Infinite Performance and the Installer are totally separate and independent parties. For this reason, there is not any relation or union of interest between them.

14- Any subject matter not governed in these General Terms and Conditions shall be subject to the terms and conditions of the Software License Agreement.