Terms Of Service
Definitions
- “The Client”
- the person(s), business(es) or organisation(s) which enter into this
agreement for the purposes of obtaining a Clarity Wheel account
- “Clarity People”
- Corporate Communications whose principal place of business is at
Álftamýri 6, 4TV - 108 Reyjavik, Iceland.
- “The Web Site”
- information made available over the Internet at the domain names
‘www.claritywheel.com’, ‘www.clarityweek.com’, ‘www.greatlifecreator.com’, ‘www.claritypeople.net’
and any other domain name which Corporate Communications may secure and publicise
explicitly for the purposes of accessing the ‘Clarity People’ service.
- “The Service”
- The ‘Clarity People’ service made available at The Web Site.
- “Intellectual Property Rights”
- (IPR) all copyright and other intellectual property
rights, howsoever arising and in whatever media, whether or not registered, including
(without limitation) patents, trademarks, service marks, trade names, registered
design and any applications for the protection or registration of these rights and
all renewals and extensions thereof throughout the world.
Terms and Conditions
- All object and source code remains the property of Corporate Communications. In
the event that Corporate Communications is declared bankrupt or is no longer able
to provide The Service, Corporate Communications shall not be required to supply
to The Client any part of The Service in order that it may be provided elsewhere.
- Corporate Communications shall make reasonable efforts to ensure that The Service
works as advertised in client software (eg: web browser) which is publicly available
at the date of this agreement, and which properly implements internet standards
as specified by the World Wide Web Consortium, which are available for inspection
at their web site (style="color: red;">www.w3.org).
- Corporate Communications reserves the right to refuse any order for subscription,
services or goods.
- Charges for The Service shall be paid by The Client to Corporate Communications
in advance unless any other payment method has been agreed in writing between Corporate
Communications and The Client.
- Corporate Communications reserves the right to vary from time to time all charges
without notice. Such variations will be clearly and publicly displayed on The Web
Site.
- On payment in full of the price, Corporate Communications grants to The Client (and
to all subscribers configured as users of The Service by The Client) a non-exclusive,
non-transferrable right to use The Service and any associated documentation on any
processor owned or controlled by The Client or configured subscriber.
- Payment of all sums due by The Client to Corporate Communications shall be made
within twenty eight (28) working days of the receipt of a valid invoice from Corporate
Communications. All payments shall be made in US dollar.
- Corporate Communications shall, on Payment of all sums due by The Client to Corporate
Communications, endeavour to make available The Service as soon as reasonably possible.
Any date indicated by Corporate Communications as a date for availability is an
estimate only and may be liable to change without prior notification to the Client.
Accordingly, Corporate Communications will not be responsible for any delay in availability
beyond such a date.
- The Customer must notify Corporate Communications of any change to their telephone,
email or other contact addresses within five (5) working days of the change becoming
effective.
- Neither party shall be liable to the other for loss of profits, business or contracts
or any other indirect or consequential loss caused in any way by some act or omission
committed in connection with this Agreement (whether arising from negligence, breach
of contract or otherwise).
- The Client will not divulge their Password to any third party and use all reasonable
endeavours to keep the same confidential and inaccessible to third parties.
- Corporate Communications excludes all conditions, terms, representations (other
than fraudulent or negligent representations) and warranties relating to the software
(and any new release) and the documentation, whether imposed by statute or by operation
of law or otherwise, that are not expressly stated herein, including without limitation,
the implied warranties of satisfactory quality and fitness for a particular purpose.
- The Client is solely responsible for providing suitable textual content within The
Service. Corporate Communications provides default textual content within The Services
as an example only and accepts no responsibility for suitability of the default
content.
- The Client may distribute access to The Service only as part of a Life Coaching,
Mentoring or similar programme.
- While Corporate Communications takes reasonable measures to prevent loss of The
Client’s data, no responsibility will be accepted for loss of The Client’s data
including, without limitation, loss caused by The Client to renew their subscription
to The Service in a timely manner.
- Either party shall be entitled to terminate this Agreement forthwith at any time
by written notice to the other party if:
- the other party commits a breach of any a material term of this Agreement (and if
the breach is capable of remedy) fails to remedy the breach within thirty (30) days
after receipt of notice in writing to do so; or
- the other party becomes subject to an Administration Order; a Receiver or Administrative
Receiver or similar is appointed over, or an Encumbrancer takes possession of any
of the other party’s property or assets; the other party enters into an arrangement
or composition with its Creditors, ceases or threatens to cease to carry on business,
becomes insolvent, or ceases to be able to pay its debts as they fall due.
Termination of this Agreement shall not affect the rights of any party which have
already accrued and which continue after termination.
- This Agreement (as amended from time to time) contains the entire agreement between
the parties relating to the subject matter covered and supersedes any previous agreements,
arrangements, undertakings or proposals, written or oral, between the parties in
relation to such matters. No oral explanation or oral information given by any party
shall alter the interpretation of this Agreement.
- If any provision hereof is held by any Court or other competent authority to be
void or unenforceable in whole or in part, this Agreement shall continue to be valid
as to the other provisions hereof and the remainder of the affected provision.
- No delay, neglect or forbearance on the part of either party in enforcing against
the other party any term or condition of this Agreement shall either be or be deemed
to be a waiver or in any way prejudice any right of that party under the Agreement.
- Any notices required to be given under this Agreement shall be in writing and shall
be deemed to have been duly served if hand delivered or sent by email within the
Iceland by first class registered or recorded delivery post and outside the Iceland
by registered airmail post correctly addressed to the relevant party’s address as
specified in this Agreement or at such other address as either party may designate
from time to time in accordance with this clause.
- In the event of suspension of The Service due to a technical fault in the network
or act of God, Corporate Communications will use all reasonable endeavour to resume
The Service with minimum delay but will not be responsible for loss suffered by
The Client.
- The construction, validity and performance of this Agreement shall be governed by
the law of Iceland and The Client hereby submits to the exclusive jurisdiction of
the Icelandic Courts.