Harmony refers to a range of Desktop, Web and Mobile apps developed by Goldratt Research Labs Pte Ltd (referred to as “GRL"), that is subject to the General Terms and Conditions list below.
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 services under top-level domain www.harmonytoc.com, as well as various sub-domains and aliases of these domains. All Web sites on which GRL provides Harmony software and 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 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, print out, download and or save these General Terms and Conditions at any time, even after the agreement has been closed, under the "Terms & Conditions" link that appears on Harmony Web sites.
The Harmony Web sites offer registered users two options: a) A free membership (with a limited feature set hereinafter referred to as "Free Membership") and b) Several paid memberships for users (with 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 are binding. Payments for the Paid Membership Editions shall be due immediately upon invoicing. Payment can be made using the various debiting procedures available, especially with the accepted credit cards, or the available online payment systems,Paypal. If our company is unable to collect any fees from an account designated by the User due to lack of funds, the User shall bear all costs arising there from, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs.Our company provides invoices to the User on our company Web sites.
Any use of the services and contents offered on the Harmony Web sites beyond the scope of options provided by our company requires the prior written consent of our company.
Our company shall only make data and/or information provided by the User available for other uses provided that this data and/or information does not violate any laws,under the regulation of the User’s country of residence, and these GTC. Our company is entitled to remove any illegal or prohibited data and/or information from our company Web sites without prior notice to the User.
The User acknowledges and agrees that it is technically impossible to achieve 100% availability of the our company Web sites. Our company shall nonetheless endeavor to keep Harmony Web sites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond our company's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on Harmony Web sites.Our company shall not be held responsible for any loss in income due to the down time in Harmony Web sites.
Users must register prior to using any of the services on the Harmony Web sites.
The User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes in the registration data to our company without undue delay.
The User shall not use pseudonyms or pen names.
A password will be provided to the user upon registration, the user has the right to change the password at any time. The User is obliged to keep this password secret. Our company shall not disclose the password to any third party and our company shall not ask for the User's password at any time.
By completing the registration process, the User consents to enter the agreement to use the services of the Harmony Web sites. Our company accepts this offer by activating the membership for the use of services on Harmony Web sites. The agreement takes effect with the aforementioned acceptance by our company.
Each User is entitled to register with Harmony Web sites only once.
The User shall not use any insulting language or defamatory contents.
Use of any pornographic materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors
Unreasonably annoy (particularly with spam) any other user
Use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law.
Use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales).
The User is prohibited from the following:
Our company 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, unless this is unreasonable for the User.
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. 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 to the end of the minimum runtime chosen by the User in 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) business days. The user may deliver notice of termination using the contact form available on all Harmony Web sites, or by sending a fax or letter to our company. The termination notice shall include the registered name of the User and an email address of the User registered on the Harmony Web sites. If the User has terminated the Paid Membership, 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 unacceptable for our company 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 our company against the User. A good cause includes any the following events:
Harmony does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the Harmony Web sites or on any external websites linked to them. In particular, Harmony does not warrant or represent that said data and/or information is true or accurate, 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) using the contact form available at all Harmony Web sites.
Queries regarding agreement with our company or regarding Harmony Web sites can be sent by the customer to our company using the contact form available at all times on Harmony Web sites, or by sending a fax or letter.
Our company recognizes that any data provided by the User to our company is extremely important to the User, and our company shall therefore be particularly sensitive in handling such data. Our company shall comply with all applicable legal provisions regarding data protection. In particular, our company shall not provide or otherwise disclose any personal data of the User to any third party without authorization. Details on our company's treatment of the User's data are set forth in the Privacy Statement of our company accessible from the Harmony Web site.
Copying, downloading, dissemination, distribution and storing of the contents of our company and/or third parties, is prohibited without its express consent.
Any other content belongs to the user and our company fully recognizes these rights.
Our company reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the User. Our company shall give due notice of any amendments of these GTC to the User. If the User does not object to the applicability of the revised GTC within two (2) weeks after receipt of said notice, the amended GTC shall be deemed to be accepted by the User. Our company shall inform the User about the User's right to object and of the relevance of the objection deadline in said notice.
Unless otherwise stated in these GTC, the User may submit all notices to our company using the contact form provided on each of the Harmony Web sites, or by letter or fax. Our company may send notices to the User by email, fax or post to the addresses given in the User's current contact data in his or her user account.
If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties 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. This also applies to contractual loopholes.
The place of performance under these GTC shall be our company's main place of business.
Place of jurisdiction, insofar as legally admissible, shall be the main place of business of our company.