These Terms of Service (“Terms” or “Agreement”) govern how Clarity Global Inc with its registered address at 222-1100 8 Ave SW, Calgary, Alberta T2P3T8, Canada, registration number 2024267623, and MSB registration number M22927420 (hereafter the “Company”, “Clarity Global”), interacts with visitors and/or users to the website and individuals or entities that register to use the services (“visitors,” “users," “you", “customer” or “client”) through the website,clarityglobalinc.com, (the “site" or the “website”) and any of its subdomains, mobile applications, and related services (collectively, the “Services").
These Terms and Сonditions together with Privacy Policy and the Fee Schedule document form a legal agreement between Clarity Global Inc. and you.
Depending on your profile and needs the Terms may be supplemented by the following, but not limited to:
The terms “we,” “us,” and “our,” as used anywhere in this Agreement, refers to Clarity Global, together with its employees, consultants, directors, successors, affiliates, and assignees.
This Agreement is entered into by and between the Company and the customer (which may be a legal entity or a natural person) who has completed the Registration and Account Opening Process and has been accepted by the Company as a customer. This Agreement governs the terms under which you may access and use the services provided via our website. By accessing and using the Service, you agree to this Agreement, Terms and Conditions, Fee Schedule and associated Privacy Statement as provided herein. If you do not agree with the policies and practices in these Terms, your choice is not to use this Site or the Services in connection with this Site. If you do not agree with the policies and practices contained in these Terms, your choice is not to use this Site or the Services in connection with this Site. By using the Site and Services, you agree to abide by all applicable local, national, and international laws and regulations in connection with your use of the Site. You acknowledge and agree that your use of the Internet and access to the Site is solely at your own risk.
In addition to the Terms, you should also read our Privacy Policy carefully which sets out how we collect and use your personal information [You may view the Privacy Policy athttps://www.clarityglobalinc.com/Policies/сlarityglobal_Privacy_Policy.pdf] (“Privacy Policy”). The Privacy Policy is an integral part of the Terms of Use and all visitors and users of the Site and the Services are subject to it. By accessing our Site and/or opening an Account with us you acknowledge and agree to our Privacy Policy.
The Company reserves the right to change this Agreement at any time without prior notice. You agree to continue to be bound by any amended Terms and acknowledge that the Company has no obligation to notify you of such amendments. You acknowledge that it is your responsibility to check these Terms periodically for changes and that your continued use of the Services offered by the Company following the posting of any changes to the Terms indicates your acceptance of such changes. Any changes to the Agreement will not apply to transactions performed or prior to the date on which the changes become effective unless specifically agreed otherwise. The current version of the terms and conditions is always available on our website. In case you disagree with the changes, you may terminate the Agreement in accordance with the Termination section.
“Account” - A digital account provided by us to our customers for storing funds and execution of paymentTransactions using our Services. Each Account is accesible through the Customer User Credentials provided to you by us as part of the Account opening.
“Bank” - any credit institution or financial institution where the Account is held.
"Business Day" - A day other than a Saturday, Sunday, or public holiday in Canada.
“Cancelled Transaction” - A transaction that has been voided or nullified, typically due to customer request, non-authorization, or other specified circumstances.
“Conversion Rate” - The exchange rate used by us for converting one currency into another during transactions.
“Funds” – your funds stored electronically with us, and used for making payments or transfers as per your discretion and subject to our approval.
“Fund Transfer” - The process of transferring funds from your Account to another account or vis versa, either within our system or with external accounts.
“Transaction” – refers to any type of activity subject to this Agreement carried out in the Customer’s Account(s). This includes, but is not limited to, fund transfers and e-money payments, depositing funds into the Account, making payments from the Account, sending funds from the account, and transferring funds to or from the Account to external accounts.
“Services” - refers to the services available through our Site, provided by us, for account opening and the execution of any available payment Transactions through the Account.
“Privacy Policy” - The document that outlines how we collect, use, and protect our customers’ data and information.
“Reserve Account” or “Reserves” means an amount determined by us (of a Minimum Reserved Balance) from the client and maintained as a source of funds and which is non-interest bearing account. This Reserve is established to cover any and all actual and reasonably anticipated claims, losses, costs, penalties, and expenses that may arise in connection with the Services provided by Clarity Global Inc., such as Recall of funds, potential risks, etc, as further detailed in this Agreement. We may ask you to open a Reserve Account as per the details of clause 15 below.
“Refund” - The process of returning the funds to the original sender's account due to cancellation, return, or other valid reasons.
“Remittance Fee” - A fee for performing any Transaction using the Account and/or our Services, such as transferring funds from one account to another, as per Fee Schedule, which may be amended from time to time.
“Top-up” or “ Funding” - Adding funds to the customer's Account. To fund your Account balance via bank transfer, the Client must add and verify a third-party bank account. The Client must be the named holder of this third-party bank account used for the top-up.
“Transaction History” - A record of all the Transactions the customer conducts through our Services, including payments, transfers, and account activities.
“User Credentials” - The unique identification information the customer provides to access and use our Services and the Account, such as usernames, passwords, or security tokens.
The Service is offered to enable you to open an Account and perform Transactions and send fund remittances from one place to the other anywhere applicable in the world. You should only use the Service to send funds to people and/or entities you have a close personal or bussiness relationship with or trust, and never strangers, as many frauds are perpetrated over the Internet or through social networking.
The Service is designed to allow users to send and receive funds around the world where Clarity Global offers its Service but may not be available in certain countries depending on local and/or other laws and regulations.
If you submit a transaction via our Site, your request that we process your Transaction is an offer on your part,
and we may accept or reject your offer at our sole discretion.
If such an offer is accepted by us, then we
shall process the Transaction. Certain Transactions that exceed certain principal amounts, and/or transfers to
certain destinations and/or certain nature may take longer or be subject to additional restrictions. Clarity
Global reserves the right to limit the principal amount of a any Transaction and/or transfer of funds or to
decline to accept or pay any transaction that may be in violation of any applicable law or Clarity Global
policies. When required by applicable law, Transactions sent or received shall be reported to federal, provincial,
local and/or foreign authorities.
It is hereby agreed and understood that all Transactions are subject to the Bank's approval prior to execution. For clarity, no Transaction will be carried out without the Bank's consent, even if an order has been received. Any transaction not approved by the Bank will not be executed, remittance fees charged by Banks will not be refunded, and Clarity Global will bear no liability towards the Customer in such cases. Additionally, the Customer understands, acknowledges, and agrees that the execution time of any transaction is subject to the Bank's cut-off times for processing.
You acknowledge and agree that we reserve the right to change the banking partner associated with your account at our sole discretion and without prior notice. Such changes may be implemented to ensure continued service, compliance with regulatory requirements, risk management, or for any other operational reason as we deem necessary. While we will take reasonable steps to inform you of such changes as soon as practicable, you acknowledge that such notice may be provided after the change has taken effect. You further agree that we shall not be liable for any delays, disruptions, or inconveniences arising from such changes.
The Company does not guarantee that the Services will be available at all times. You acknowledge that the Company reserves the right to delay, deny, or make unavailable any or all of the Services, any part of the Site, and/or the entire Site at any time and at its sole discretion. The Company shall not be responsible or liable for the unavailability of any Service and/or the Site, whether caused by the Company, a third party, or a “force majeure” event.
You understand that such events may cause delays in the execution or processing of your orders and transactions, and you irrevocably release the Company from any liability in this regard. For the purposes of these Terms, “force majeure” refers to events beyond the reasonable control of the Company, including but not limited to acts of God, government actions, fire, flood, storm damage, earthquakes, labor disputes, war, and riots.
In order to use the Services and open an Account with us, you must undergo our registration process, during which you will provide the information we request for identity verification (including KYC) and the detection of money laundering (AML), terrorist financing, fraud, or any other financial crime. You also permit us to keep a record of such information (“Registration Information”).
We may request certain personal information from you, including but not limited to your name, address, telephone number, email address, date of birth, government identification, and bank account details. By providing this information, you confirm that it is accurate and authentic.
In addition, during the verification process, we may require and request certain documents from you, which may include, without limitation, proof of address (such as a recent utility bill in your name and address) and a government-issued identity document. Each of these documents should be valid for at least the next six months. We may also verify your identity through a video and/or audio call conference. In order to use our services, you are obliged to provide us with all the necessary documentation and information as required by us from time to time.
We may request additional KYC information and/or documentation at our sole discretion at any time during our business relationship with you and you are obliged to fully cooperate. We may suspend or restrict your use of any or all of the Services until you provide the required information and/or documentation to our full satisfaction.
You acknowledge that, in order to conduct this verification process and/or background checks in accordance with our KYC procedure and AML policy, we may perform inquiries directly or indirectly through third-party service providers to prevent fraud, suspicious activity, misidentification, money laundering, or any other prohibited activity. You agree and consent to the Company’s transfer of your information as required for its legitimate business purposes, including but not limited to the completion of any KYC or AML processes. The Company will retain your relevant KYC/AML information for the period necessary to perform the KYC/AML reviews and as required to comply with the Company’s legal obligations.
We may, in our sole discretion, refuse to open an Account for you and/or limit the number of Accounts that you may hold with us.
We reserve the right to take any action we deem necessary based on the outcome of our KYC/AML processes. If you fail our reviews for any reason, you may be prevented from or limited in using our Services or accessing the Website, and we may report any findings, along with your personal information, to the competent authorities. You understand that the outcome of such reviews, including a decision not to approve you to use our Services or report to the authorities, is within the Company’s sole and absolute discretion, and we are under no obligation to provide feedback on the exact nature of our findings.
The parties mutually understand that Clarity Global has a general obligation to report any suspicious activity identified during the course of its business relationship with the Client to the relevant authorities, as well as to comply with other reporting obligations related to the prevention of money laundering and terrorist financing. Clarity Global shall not be held liable for fulfilling these duties in relation to the Client.
You hereby affirm and guarantee that all documents and information you provide to us are true, accurate, and complete. You also agree (and obligated) to promptly update your registration information if any changes occur.
At any time, and even after the Account was opened, and in order to comply with applicable laws, we reserve the right to request additional documents and/or information in order to obtain, verify and record information inter-alia about you and regarding your source of funds. By using the Site and Services, you agree from time to time to respond to a verification call to the telephone number registered with your account or your current telephone number on file. You also agree to a video verification whenever we see it necessary.
You authorise us to verify the information that you provide to us, including by obtaining information from third parties of you.
We may also request that you provide us with all necessary evidence and documentation to support each and every transaction. This may include supporting documents related to the Source of Funds, Source of Wealth, tax confirmations, and any other documents required by our compliance team to validate the transaction and/or the activities in your account.
If the information you provided for your Account is deemed unsatisfactory or does not meet our risk assessment criteria, we reserve the right to refuse providing our services to you.
We may provide information about you and your financial transactions to government authorities and law enforcement agencies. We reserve the right to report any suspicious financial transaction to the relevant government authorities, including law enforcement agencies.
You acknowledge and agree that Clarity Global, at its sole discretion, may terminate your account or restrict your access to the Site or the Service at any time and for any reason it deems appropriate. You further agree that any actions taken under this section may be carried out without prior notice to you.
You declare that you are over 18 years old if you are a natural person, or that you have full legal capacity if you are a legal entity, to enter into this Agreement and to use the Site and the Services.
Clarity GlobaI complies with the relevant applicable laws for AML/CFT. It does not provide services to clients from countries where local and international governmental organisations have imposed sanctions. Clarity Global abides by the Company’s blocked list policy. Applicants from these jurisdictions will be rejected.
Clarity Global doesn’t provide the service to Quebec province residents or US nationals. You are prohibited from using the company's Services if you are located in, or resident of, the United States of America or any state, country, territory, or jurisdiction that is part of the United States of America, or in any location where the use of the company’s Services would be illegal or violate any applicable law.
Additionally, you may not use our Services if you are located in, or resident of, any other jurisdiction where the company has, at its sole discretion, decided to prohibit the use of its Services (all of which are referred to as “Prohibited Jurisdictions”).
You represent and warrant that you are not a citizen or resident of any Prohibited Jurisdiction and that you will not use our Services while located in any such jurisdiction.
You are responsible to comply with the laws applicable to your jurisdiction.
The list of Prohibited Jurisdictions may be amended by the Company according to applicable laws and regulations and the Company’s sole discretion.
The Company may, at its sole discretion, restrict access to the Services or the Site in certain jurisdictions. If the Company determines that you are accessing the Services or the Site from a restricted or Prohibited jurisdiction or if you have provided false information about your location, citizenship, or place of residence, the Company reserves the right to immediately close any of your accounts.
You are responsible for maintaining the security and confidentiality of your Account and password and any other User Credentials. You are responsible for any and all activities that are conducted through your Account.
You understand that if your login credentials are compromised due to viruses or malware on your computer or other devices, the Company is not liable, and you remain responsible. You should report any possible hacks, hacking attempts, or security breaches immediately to the Company. Any compromise of your login credentials, registration details, or other account information may expose your personal and confidential information to unauthorized access, potentially resulting in the loss or theft of your funds.
If you become aware of any unauthorized access to your account, notify us immediately using the contact information provided below, including all relevant details.
Although Clarity Global has taken measures to ensure the confidentiality of communications and materials transmitted to or from the Site, please understand that no data transmission can be guaranteed to be 100% secure. In case of any breach of security measures due to our systems, the user will be notified by us immediately.
You further represent and warrant that your use of our Site and Services, including Account opening and usage, complies with all applicable laws and regulations. Any criminal activity or fraudulent acts committed by you or under your supervision through your use of the Site and/or our Services and/or the Account are strictly prohibited. You affirm that you will not engage in any such activities, including but not limited to fraud, money laundering, illegal operations, terrorist financing, or malicious hacking. You also agree not to conceal or alter your IP location and will always disclose your accurate and true location.
We reserve the right to cancel and/or suspend your Account and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Use or any illegal activity.
In addition, Clarity Global, at its sole discretion, reserves the right to unilaterally block access to the Services and/or freeze funds being sent by or on behalf of the Customer from the Account, as well as return any funds sent to the Account back to the sender subject to applicable Fees in cases of suspected illegal or fraudulent activities, non-compliance with this Agreement, and/or in accordance with legal requirements. In such circumstances, Clarity Global has a legal obligation under applicable laws to notify the relevant authorities.
Remittance Fees - In consideration for the use of the Service, you agree to pay Clarity Global a fee for each Transaction initiated by you at the applicable rate then in effect according to your Fee Schedule, plus any applicable fees for additional services (the “Remittance Fee” or the “Fees”).
The Fees are immediately due and payable to Clarity Global on provision of the relevant Service. Clarity Global may deduct the Fees automatically as they accrue from any one of the accounts opened by Clarity Global. In this regard, if there are insufficient funds in any of the accounts to cover any Fees and application of the Fees will result in a negative balance, you shall promptly, but no later than 3 Business days as of a receipt of notice, upload sufficient funds to cover any and all outstanding Fees.
Late Payment and Interest Charges. If any sums due under this Agreement are not paid in full by the due date:
(a) The Company may, without limiting its other rights, charge interest on the overdue amount at a rate of 4% per
annum above the base rate of Barclays Bank plc, as applicable from time to time; and
(b) Interest shall
accrue on a daily basis from the due date for payment until the actual payment is made in full, whether before or
after judgment.
The fees for the specific services of Clarity Global, the currency exchange rate, their calculation, as well as other amounts payable to Clarity Global, are specified in the Fee Schedule.
Clarity Global has the right to unilaterally change the fees and fees set forth in the Clarity Global agreements and/or the Fee Schedule and undertakes to notify you about them in accordance with the procedures established by Clarity Global.
Cancellation of a Transaction is when a client has sent funds from his account with us to an outside financial institution, but the transaction, for various reasons, was stopped or halted. A refund is when the client has sent funds from an outside financial institution to an account he/she opened with us, and the transaction was cancelled and returned to the original sender.
A client may cancel a transaction only if the transaction was not executed by the Company. If the transaction is sent for execution, the transaction cannot be cancelled. All cancellation requests must be received by email using the client’s registered email: [email protected].
Clarity Global has the right to cancel any non-fully funded transactions after 3 business days of initiating. If the client initiates multiple transactions for multiple recipients but does not have sufficient funds for the total of these transactions, Clarity Global will proceed in random order and as it seems right.
No transaction may be cancelled by the client if the transaction was already executed by the Company. A transaction is considered completed when it is processed and executed by the Company.
If the client cancels more than three (3) transactions in a period of 365 days, the client agrees that the Service Fee will not be refunded, and Clarity Global reserves the right to restrict access to the services.
In some cases, the client will have to contact and make an arrangement with the recipient to send the money back to the client. Hence, it is always advisable to only send money transfers to people you know and trust who you’re sure will refund the money once contacted.
The Company reserves the right to suspend or cancel any Transaction, without providing a reason and without incurring liability, if the action is made under the instruction of a public authority or is required by applicable laws, or if the Company has reasons or evidence to believe that any of the following has occurred: a. The transaction was a result of fraud or illegal actions. b. The transaction was performed in violation of the provisions of this Agreement. For clarity, we will not be liable to you or any third party for the suspension or cancellation of a Transaction.
Clarity Global is entitled to suspend and freeze any incoming transaction to the Account if there is reasonable suspicion regarding the origin of the funds. Clarity Global is also entitled to refuse the transaction and return the funds to the sender or request additional documentation or evidence to verify the origin of the funds and clear any suspicions. For the avoidance of doubt, Clarity Global will not assume any liability towards the Customer or any third party for actions taken under this clause.
All refunds will be credited to the same payment method of the external financial institution used to fund the Account. In the case the originator is unable to receive funds or the Company cannot send funds to the originator, the Company will request an alternative destination owned by the same sender. The Company has the right to request supportive documents for establishing the ownership of the destination. In the event of a dispute on the amount or on the status of delivery, the client must provide us with evidence such as verifiable bank statements or any other document that we may request at our sole discretion.
Clarity Global will hold the funds until instructions are received from the client on where to send them. The Company will send the amount after the deduction of all applicable fees.
In the event we receive a request from any financial or payment institution, bank, regulatory body, counterparty of the User, or any other third party (the "Demanding Party") for a reversal of funds from a wire transfer previously sent from and/or settled with us ("Recall"), the following additional terms shall apply, without derogating from any other sections of these Terms.
Account Suspension and/or Termination.
We reserve the right to immediately suspend any
activity in the User's Account and freeze any and all balances in your Account.
Alternatively, and in accordance with our sole discretion, we may freeze any and all balances in your Account, and allow you to continue using the Account for activities which are not related to the Recall transaction.
We also reserve the right to immediately terminate the User's Account with us if we have reason to believe that the Recall is a result of unauthorised or fraudulent activity.
In addition, and without derogating from our above rights, you also acknowledge that our banking partners involved in the reversed transaction reserve the right to refund the Demanding Party the full amount of the requested reversal of funds, with or without notice to you, and/or to suspend any activity in the Account, and/or freeze any and all balances in your Account.
We will also be entitled to refund the Demanding Party the full amount of the requested reversal of funds with or without notice to you and even prior to completion of any Investigation of the case, in case that we have grounds to believe that the Recall involves unauthorised and/or fraudulent activity.
Recall Cancellation and Refund to Demanding Party
You shall immediately contact the
Demanding Party and use their best efforts to settle the Recall within no later than two (2) Business Days
following our notice of the Recall (the "Settlement Period").
We reserve the right to credit the counterparty of the User with the full Recall amount unless the User provides us with a confirmation of cancellation message of the Recall and a complete set of requested information and/or documents during the Settlement Period. A Recall is considered as canceled only upon the sender bank's cancellation and our banking partners' approval.
Account Investigation
We shall initiate an investigation regarding the Recalled
transaction and we shall fully cooperate with any regulatory body or authority involved. Based on the findings of
the Investigation, we will decide on the status of your Account, which may include terminating the Account or
limiting your activities as per our sole discretion ("Investigation").
You hereby commit to providing all necessary information and documentation to assist in the Investigation resolution. This includes, but is not limited to, participating in video conference calls with us and/or together with your customer who initiated the Recall of the transaction.
Our Investigation and handling of the Recall matter shall take a minimum of 60 days or longer if required according to any applicable regulation and/or by any regulatory body. We will update you on the status of the Investigation as far as permitted by law. In some cases, we may not be authorized to reveal any information regarding the Investigation.
Indemnification
Without derogating from any other indemnification clause, you shall
indemnify and hold the Company harmless from any losses, damages, expenses (including legal fees), costs,
penalties, and liabilities arising from or as a result of such Recalls and their Investigations. You are liable
for all losses incurred from unauthorized payment orders made to us.
Notwithstanding the above, if a Recall of a transaction results in a negative balance in the User Account, the User must promptly repay the negative balance by uploading sufficient funds into the Account. Failure to do so constitutes a breach of the Terms and Conditions. We reserve the right to take any debt collection measures, including but not limited to, engaging a debt collection agency, hiring solicitors, or pursuing the claim in court. We also reserve the right to charge you for any expenses incurred in connection with these debt collection or enforcement efforts.
Recall Fees and Additional Charges
We are entitled to charge you a 'Recall Fee' from any of
your available balances in the amount of 500 (five hundred) EUR for the 1st recall and 1000 (one thousand) EUR for
any following recall. The amount of Recall Fee may be amended from time to time.
Additionally, we reserve the right to charge you for any associated fees and expenses incurred during the handling of the Recall. In the event that your account has insufficient funds, you are obligated to make a payment to us to cover such fees.
We may request that you establish a reserve account, which must maintain a minimum balance at all times (“Minimum Reserve Balance”). We reserve the right to deduct our fees from this account. You are responsible for ensuring that the reserve account is topped up to maintain the minimum required balance throughout the Term. We may revise and increase the minimum reserve amount at any time during the Term, based on our discretion and the risk assessment of your account, and you shall be required to comply accordingly.
Even in cases where at the date of concluding the Agreement Reserves and/or maintaining with us a Reserve Account is not required, the Company may decide at any point that such a Reserve account is necessary at a later stage, which will be subject to prior notification to you. Such Reserve may be requested in case: (a) the risk of the customer ceasing or transferring its business or a substantial part thereof; (b) the risk of the customer materially altering the nature of its business; (c) if the customer 's business activities carry a higher than normal risk of chargebacks, Recalls, or other reversals of end-customer payments; (d) the customer's overall financial standing; (e) the customer has what the Company reasonably considers to be extended timeframes for delivery of goods or services to its own users; (f) the risk of the customer becoming insolvent or otherwise unable to pay debts as they fall due; (g) where there are what the Company reasonably considers to be a disproportionate number of complaints, Reversed Transactions, Fines, penalties or other liability related to the customer’s use of the Services; or (h) where the Company reasonably believes that the customer will not be able to perform its obligations under this Agreement.
SMS, email, or other electronic notification to regarding the Transactions is available to and is offered in certain international destinations.
These Terms commence on the date of acceptance and shall continue indefinitely unless terminated earlier in accordance with the provisions herein.
Termination of your Account by you
Suspension, Termination, and Cancellation of your Account by us
If your Account has no activity (no Transactions made) for at least 4 (four) months, we may terminate your Account and provision of services. In such an event, we send the respective notification letter to you at least 1 (one) month ahead of the intended Termination date. The Account will incur a dormant account maintenance fee each month, beginning from the fifths (5th) month of inactivity. The dormant account maintenance fee will be deducted from the Account balance until the Account becomes active again or until the balance reaches zero. The Account will be considered active once the customer logs into the account and performs a Transaction.
On termination of this Agreement for any reason you shall immediately pay all outstanding amounts to us. We shall promptly charge you for all Services not yet charged and payment for such charges shall be due immediately by you. Whenever your Account is terminated, any outstanding Transactions should be processed, subject to our review and approval, depending on the reason for termination, and the remaining balance should be returned to you (to another account held by you as per your instructions), less applicable Fees and other payments due to us within 30 (thirty) Business Days following the notice of termination. You will be obliged to pay us any outstanding fees if, at the time of your Account termination, its balance is less than the amount of the Fees you owe us.
Should you fail to provide us with the necessary banking details for the return of your remaining balance after termination, your account will incur a dormant account maintenance fee each month starting from the date of termination until you provide the required details for fund transfer or until the account balance reaches zero.
If we suspend or close your account for any reason, we will notify you of our actions unless a court order or other legal process prevents us from doing so. You acknowledge that our decision to take certain actions, such as limiting access to, suspending, or closing your account, may be based on confidential criteria essential to our risk management and security protocols. You agree that we are not obligated to disclose the details of our risk management and security procedures to you.
Clarity Global will not be liable for any losses suffered by you resulting from any modification of any Services or from any suspension or termination of your access to all or a portion of any of the Services (whether pursuant to this Section or for any other reason).
IPR Ownership. All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by Clarity Global Inc. Nothing in these Terms shall be construed as granting you any rights to use any of Clarity Global's trademarks, service marks, logos, or trade names without Clarity Global's express written consent.
IPR License. Clarity Global grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to use the Intellectual Property Rights in the Services solely for the purpose of using the Services in accordance with these Terms. This license is subject to your compliance with these Terms and shall automatically terminate upon any termination or expiration of these Terms.
Restrictions on Use. You shall not:
Protection of IPR. You agree to:
Third-Party Claims. If you receive any notice or claim that your use of the Services infringes any third party’s intellectual property rights (an "IPR Claim"), you shall:
Immediately notify Clarity Global in writing, specifying the nature of the claim in reasonable detail;
Not make any admission of liability, agreement, or compromise in relation to the IPR Claim without Clarity Global's prior written consent;
Give Clarity Global sole control over the defense and settlement of the IPR Claim, provided that Clarity Global shall not settle or compromise any IPR Claim that results in any admission of liability or any payment without your prior written consent, such consent not to be unreasonably withheld or delayed;
Provide Clarity Global with all reasonable assistance in connection with the IPR Claim.
Survival. This clause 19 shall survive the termination or expiration of these Terms.
Each party shall protect the other party's Confidential Information and not disclose it to any third party without consent. Confidential Information may be disclosed to employees, agents, or subcontractors who need to know it for the purpose of these Terms.
Data Protection. Both parties shall comply with applicable data protection laws. You consent to Clarity Global processing your personal data as necessary for the provision of the Services and in accordance with Clarity Global's Privacy Policy.
Survival. This clause shall survive the termination or expiration of these Terms.
You shall fully indemnify, defend, and hold harmless Clarity Global Inc., its affiliates, officers, directors, employees, agents, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, actions, suits, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) (collectively, "Claims") arising out of or in connection with:
The customer shall not, for a period of 12 months from the Commencement Date (except with the prior written consent of the Company), directly or indirectly solicit, entice away, or attempt to solicit or entice away:
If the customer breaches this section, the customer shall, without prejudice to any other rights or remedies of the Company, on demand, pay to the Company a sum equal to one year’s basic salary or the annual fee that was payable by the Company, plus any recruitment costs incurred by the Company in replacing a person under section.
We are not liable for any losses not directly associated with any incident that may cause you to make a claim against us, nor are we liable for loss of profits, loss of business, loss of goodwill, or any form of special damages.
Without derogarting from the generality of the above, it is further agreed that under no circumstances shall the Company, its affiliates, shareholders, directors, employees, or representatives be liable to the Customer or any third party for any damages, whether direct or consequential, losses, liabilities, costs, or expenses incurred by the Customer that arise from or result from:
We shall not be held liable to the customer or any third party for any funds that have been transferred from the Account based on a transaction order issued by the Customer. The responsibility for ensuring the accuracy and legitimacy of the order lies solely with the Customer. Additionally, we shall not be liable for any decision of ours to cancel and/or suspend and/or refund any Transaction in accordance with the terms of this Agreement.
In addition and without derogating from the above, Clarity Global shall not be liable for:
Total Liability: Clarity Global’s total liability under these Terms shall, in no event, exceed the total amount of Fees and Charges paid by you to Clarity Global during the last contract year. This limitation applies regardless of the nature of the claim, whether arising from breach of contract, tort (including negligence), or any other legal theory. The purpose of this limitation is to cap the financial exposure of Clarity Global to a predictable and reasonable amount, reflecting the level of Charges paid by you under the applicable contract.
Exclusion of Indirect Damages: Under no circumstances shall Clarity Global be liable for any indirect, special, incidental, or consequential damages, even if advised of the possibility of such damages. This includes, but is not limited to, any loss of profit, loss of anticipated savings, loss of business opportunity, loss or corruption of data, or any other similar financial loss that may result from the use of or inability to use the services provided under these Terms.
How and where to complain? If you are not satisfied with any aspect of our service or products you can tell us about your complaint in the following ways:
Please make sure to provide all necessary details for us to thoroughly review your complaint: your name, name of your account with Clarity Global Inc, contact email address, essence of the complaint and any additional info you deem necessary.
Within 3 business days we will acknowledge the receipt of your compliant and inform you:
How long it will take?
If we can’t agree a solution with you within 21 days, we will:
If you are not satisfied with the final response or you have not received a final response within the required local time frame, you may have the right to take your complaint to an external dispute resolution organisation.
As Clarity Global Inc is a Financial Institution incorporated in Canada and regulated by FINTRAC, you can file your complaint with Canadian Anti-Fraud Centre (https://www.antifraudcentre-centreantifraude.ca/report-signalez-eng.htm).
The complaints handling arrangements above are without prejudice to your legal rights to initiate a legal action.
Entire Agreement. This Agreement contains the entire agreement and supersedes all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between this Agreement and any other agreement you may have with us, the terms of this Agreement shall prevail.
Force Majeure. The Company shall not be liable for delays, performance failures, or service interruptions caused directly or indirectly by circumstances beyond its reasonable control. These circumstances include, but are not limited to, acts of God, acts of civil or military authorities, acts of terrorists, civil disturbances, wars, strikes or other labor disputes, fires, interruptions in telecommunications or Internet services, network provider service failures, equipment and/or software failures, catastrophes, or any other occurrences beyond the Company’s reasonable control. Such events shall not affect the validity and enforceability of any remaining provisions of this Agreement.
Risk Disclosure. For the avoidance of doubt, you acknowledge and agree that the Company does not act as a financial advisor and does not provide investment advice related to the Services under this Agreement. Any communication between you and the Company cannot be considered investment advice. We make no warranty regarding the suitability of the Services and assume no fiduciary duty in our relationship with you.
Audit Rights. Clarity Global reserves the right to conduct audits or inspections of your premises and systems to ensure compliance with these Terms and applicable laws. You agree to cooperate with such audits and provide access to relevant information as well as cover the related expenses if such occur.
Assignment. Neither party may assign its rights or obligations under these Terms without the prior written consent of the other party.
Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed, interpreted, or deleted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of Canada. Any disputes shall be subject to the exclusive jurisdiction of the courts of Canada.
Headings. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
Taxes. You acknowledge that you are solely responsible for any applicable taxes related to your transactions on the Site and/or through the Services, including but not limited to value-added tax payable in any jurisdiction. The Company does not and will not provide any tax advice concerning the Services or otherwise. It is your responsibility to report, pay, and remit the applicable taxes to the appropriate tax authorities in your relevant jurisdiction(s).
By accepting these Terms and Conditions you agree to authorise Clarity Global Inc:
You acknowledge that:
Should you need to contact Clarity Global for any reason regarding these Terms, please contact us by email at[email protected].
All communication between the Company and the Customer by use of electronic means such as the Site and/or emails that refers to this Agreement shall be binding as if they were in writing.