WHEREAS The name HARMONY refers to a range of IP and/or Desktop, and/or Web, and/or Mobile applications developed and solely owned by Goldratt Research Labs Pte Ltd (herein after referred to as “GRL").
WHEREAS These applications are , subject to the General Terms and Conditions listed below.
WHEREAS Any reference to Harmony should be interpreted as reference made to GRL.
NOW THEREFORE the Parties to this agreement being GLR and the User agrees explicitly to the following General Terms and Conditions:
- By logging on to Harmony, users accept the following General Terms and Conditions (hereinafter the "GTC") for using Harmony Websites.
- GRL offers Harmony software and/or services under the top-level domain www. harmony toc.com, including but not limited to, various sub-domains and/or aliases of these domains, relating thereto. All Web sites on which GRL provides Harmony software and/or services are hereinafter referred to as "Harmony Web sites".
- These GTC shall govern the contract relationship between the User and Harmony , irrespective of which Harmony site the User is registered with and/or logged on to.
- The User enters into this agreement on the use of Harmony services with Goldratt Research Labs Pte Ltd, Unit 15-01, Valley Point, 491B River Valley Road, Singapore, 248373. Additional contact information, as well as the name of the authorized representative of Goldratt Research Labs LLC can be found on "Our Company".
- The User can call up, and/or print out, and/or download and/or save these General Terms and Conditions at any time, even after the agreement has been terminated, under the "Terms & Conditions" link that appears on the Harmony Web sites.
- The Harmony Web sites offer registered users two options:
- A free membership (with a limited feature set, hereinafter referred to as "Free Membership").
- Several paid memberships for users (with the more advanced feature set hereinafter referred to as "Paid Memberships").
- Details about the applicable fees for the Paid Membership Editions are set forth on the Harmony Web sites under https://www.harmonytoc.com/Pricing.
- The fees listed on any of the Harmony sites constitute the fee agreement between the Parties and are therefore binding.
- Payments for the Paid Membership Editions shall be due immediately upon invoicing.
- Payment can be made using the various debiting procedures available, such as the accepted credit cards, and/or the available online payment systems, Paypal.
- If GRL is unable to collect any fees from an account designated by the User due to lack of User’s funds, the User shall bear all costs relating to such a non-payment by the User, including but not limited to, bank charges related to any debit entries and/or similar charges.
- GRL provides invoices to the User on GRL company Web sites.
- Any use of the services and contents offered on any of the Harmony Web sites beyond the scope of options provided GRL requires the prior written consent of GRL.
- Any use without the explicit written consent of GRL shall constitute a cause for legal action against the User for such offence, including but not limited to, a claim for damages for contractual non compliance.
- GRL shall only make data and/or information provided by the User available for other users provided, that this data and/or information does not violate any laws, under the regulation of the User’s country of residence, and/or these GTC.
- GRL is entitled to remove any illegal and/or prohibited data and/or information from any and/or all of its company Web sites without prior notice to the User.
- The User acknowledges and agrees that at all times, due to technical constraints associated with the internet, which constraints is not within the control of GRL, it is not possible to achieve 100% availability of the GRL company Web sites.
- GRL shall nonetheless endeavour to keep Harmony Web sites available without interruption in so far as it is within the control of GRL.
- Any events related to maintenance, and/or security and/or capacity requirements, and/or events beyond GRL’S control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions and/or temporary interruptions of the services provided on Harmony Web sites.
- The User confirms an expressly hereby agrees that GRL shall not be held responsible for what so ever reason may exist, for any loss in income due to the down time in Harmony Web sites and/or any associated loss thereto.
- GRL regards the User’s privacy as important and are therefore committed to protecting the User’s personal information.
Registration, Representations and/or Warranties upon Registration
- Users must register prior to using any or all of the services provided on the Harmony Web sites.
- The User warrants and/or represents that all of the data provided by the User for registration is true, and/or accurate and/or complete. The User shall report any changes in the registration data to GRL without undue delay.
- The User shall not use pseudonyms or pen names.
- Upon registration, a password will be provided to the User.
- The user has the right to change the password at any time within his sole discretion.
- The User is obliged to keep this password save and/or secure at all times.
- GRL shall not disclose the password to any third party and/or company.
- The User shall not permit any third party and/or company to request the password from GRL.
- By completing the registration process, the User consents and/or agrees to enter the agreement to use the services of the Harmony Web sites.
- GRL accepts the registration and will forthwith a activate the User’s membership for the use of services on Harmony Web sites.
- The agreement takes effect with the aforementioned acceptance and registration by GRL.
- Each User is entitled to a once off registration with any of the Harmony Web sites.
Obligations of the User
- The User shall refrain from the use of any insulting and/or vulgar language and/or defamatory contents, including but not limited to racial hate speech.
- The User will refrain from the use of any pornographic materials and/or any contents that violate any applicable legislation for the protection of minors and/or advertise and/or promote, and/or offer and/or distribute any pornographic product and/or products strictly forbidden by any applicable legislation envisaged for the protection of minors.
- The User shall refrain from any actions, which can and/or may be construed to any form of unreasonable annoyance (including but not limited to spam) and which is directly and/or indirectly directed at any other user.
- The user shall not use, without the explicit authorization, any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), and/or advertise, and/or promote, and/or offer and/or distribute any goods or services protected by law.
- The User shall refrain from the use and/or the promotion of any commercial practices, to be considered unfair competition, including but not limited to, progressive customer acquisition practices (such as chain distribution systems, and/or multilevel selling and/or pyramid sales).
- The User shall refrain from employing any mechanisms, and/or software and/or scripts when using Harmony Web sites. The User is permitted to use the interfaces and/or software provided by GRL within the scope of the services available on the Harmony Web sites.
- The User shall refrain from blocking, and/or overwriting, and/or modifying and/or copying of any contents of the Harmony Web sites, unless said actions are necessary for the proper use of the services on the Harmony Web sites and expressly permitted by GRL.
- The User shall refrain from the use of the "Robot/Crawler" search engine technology as it is not required for the proper use of the services and is therefore expressly prohibited.
- The User shall refrain from distributing and/or publicly disclosing the contents of any of the Web sites of GRL and/or any other user.
- The User shall refrain from performing any actions which may impair the operability of Harmony Web sites infrastructure, particularly actions which may overload said infrastructure.
Changes to the Services on Harmony Web sites
- GRL exclusively reserves the right to modify the services offered on the Harmony Web sites and/or to offer services different from those offered at the time of the User's registration at any time.
Termination of Membership
- The User may terminate the “Free Membership” at any time without cause.
- The User may deliver notice of termination using the contact form available on Harmony Web sites at any time or by sending a fax or letter to GRL.
- The termination notice shall include the User's registered name and an email address of the User registered on the Harmony Web sites.
- The User may terminate without cause the “Paid Membership” at the end of the minimum runtime chosen by the user during the course of the registration process, or to the end of any renewal period, after said minimum runtime expires, by giving notice of fourteen (14) calendar days.
- In the event of the “Paid Membership” being terminated, then, the User is entitled to retain a Free Membership until such termination takes effect.
- The provisions of this section shall not affect the right of both parties to terminate the agreement for good cause.
- A good cause is defined as an event which makes it impossible for GRL to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of GRL against the User. A good cause includes any the following events:
- The User’s failure to comply with any applicable legal provisions.
- The User’s breach of any contractual obligation, in particular an obligation set forth in sections 3 and 5 of these GTC.
- In the event that the User’s conduct harms the reputation of the services offered on the Harmony Web sites causing substantial impairment by the online-presence of the User (if, for example, it is discovered after registration that the User has been convicted of a criminal offence, and if said conviction is known to other users)
- In the event the user promotes any communities or associations (or any of their methods and/or activities) which are under surveillance by authorities responsible for public safety or the protection of minors.
- In the event the User causes harm to any other user(s).
- In the event of a good cause in accordance with section 7.7 supra and not withstanding GRL's right to terminate the contract in accordance with this section, GRL/Harmony is entitled to:
- Delete the contents posted by the User.
- Issue a warning.
- Block the User's access to the services on the Harmony Web sites.
Responsibility for the User's Content, Data and/or other Information
- Harmony does not make any warranties and/or representations regarding any data and/or information provided and/or made available by any user on any of the Harmony Web sites and/or on any external websites linked to them. In particular, Harmony does not warrant and/or represent that said data and/or information is true or accurate, and/or that it fulfils or serves any particular purpose.
- The User may report any activities of any other user which violate applicable laws and/or any of the terms and conditions of these GTC (including the use of pseudonyms or false identities) by using the contact form available at all Harmony Web sites.
- Queries regarding the agreement between GRL and the User and/or regarding Harmony Web sites can be sent by the User to GRL/Harmony by using the contact form at all times available on Harmony Web sites, or by sending a fax or a letter.
- GRL/Harmony recognizes that any data provided by the User to GRL/Harmony is extremely important to the User, and therefore, GRL/Harmony shall be particularly sensitive and secure in handling such data.
- GRL/Harmony shall comply with all applicable legal provisions regarding data protection.
- GRL/Harmony shall not provide and/or otherwise disclose any personal data of the User to any third party without the prior written consent of the user.
- Details on GRL/Harmony’s treatment of the User's data are set forth in the Privacy Statement of GRL/Harmony accessible from the Harmony Web site(s).
- GRL/Harmony is committed to providing the user with a secure AWS cloud database to ensure the User’s your data remain private and confidential.
- The AWS infrastructure puts strong safeguards in place to help protect the user’s privacy.
- All data is stored in highly secure AWS data centers.
- The data for the mobile app is stored securely inside the mobile device.
- Data is never shared automatically.
- The data can only be shared with the community library and/or other users by the user him/herself.
- The User can request to delete all his/her personal data from the system through the user profile section.
- GRL/Harmony is GDPR compliant.
- In the event that a data breach takes places, then GRL/Harmony will contact any affected users within 72 hours, and notify the relevant authorities in the affected user’s countries.
Right to Contents
- Copying, and/or downloading, and/or dissemination, and/or distribution and/or storing of the contents of GRL/Harmony and/or any third parties related to providing the service to the User, is strictly prohibited.
- The User may only copy and/or download, and/or disseminate, and/or distribute, and/or store contents of the GRL/Harmony websites with the express written consent from GRL/Harmony.
- Any breach in terms of clause 11.1 supra will constitute grounds for the cancellation of the agreement between the User and GRL/Harmony.
- In addition to the cancellation contemplated in 11.3 supra, GRL/Harmony herewith notifies the User that should such breach occur and/or the agreement needs to be cancelled based on the misconduct of the User, then GRL/Harmony reserves its rights to institute action against the User for breach and/or claim for dames of whatsoever nature, including but not limited to damages for contractual loss, and/or delictual damages.
- GRL/Harmony reserves the right to amend these GTC at any time without prior notice to the User.If any provision of these GTC is, for any reason, is invalid and/or unenforceable, the remaining provisions shall continue to be valid and/or enforceable to the fullest extent permitted by law.
- The parties hereto agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision.
- Place of jurisdiction, insofar as legally admissible, shall be the main place of business of our company.