Clarity Assist Terms & Conditions

Clarity Assist - Terms & Conditions of Use

Welcome to Clarity Assist.
Please read these terms of service (these “Terms”) carefully as they form a contract between you and Clarity Street entity (“Clarity Assist”, “Clarity Courses”, “Clarity Calls”, “Clarity”, “We”, “Us”, “Our”). By registering or using these Services you agree to be bound by these Terms. If you are using these Services on behalf of an organisation, you are agreeing to these Terms for that organisation and promising to Clarity Street that you have the authority to bind that organisation to these Terms (in which event, “you” and ”your” will refer to that organisation) unless that organisation has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Service. You may use the Services only in compliance with these Terms and only you have the power to form a contract with Clarity Street and are not barred under any applicable laws from doing so. If you do not agree to be bound by these terms, your access will be revoked.

1. Use of the Service

Clarity Street grants you the right to access and use the Service via the Software with the user roles according to your subscription type. This right is non-exclusive and non-transferable and limited by these Terms.

2. Payment Obligations

There are no refunds or credits for partial months of service, upgrade/ downgrade refunds, or refunds for months unused with an open account. To treat everyone equally, no exceptions will be made. For any increase or decrease in active engagements, you will be notified, and your credit card will automatically be charged the new rate on your next billing cycle. Prices of all Services, including but not limited to monthly fees to the Service, are subject to change upon thirty days' notice from Clarity Street, given by email or posted to the website. All transactions are processed in Australian dollars.

Subscription Period
1. Unless access has been granted for other purposes, each product subscription unless noted otherwise commences with a 12-month lock-in period, then automatically renews each month unless you cancel. You will be billed monthly on or about the same day each month until such time that you cancel. Any change in the number of product subscriptions will be reflected on your next monthly bill and payment amount due.
2. For the avoidance of doubt, please note, each product subscription has its own 12-month lock-in period.
Subscription Types
1. Clarity Street offers two subscription types:
  1. Up to 10 users
  2. Beyond 10 users

3. Acceptable Use

You agree that each login issued may only be used and accessed by the said 1 (one) person. You will ensure that all usernames and passwords needed to access the Service are secure and confidential. Clarity Street is to be notified of any unauthorised use of your passwords or any other breach of security.
Clarity Street reserves the right to access any or all your account data to respond to your request for technical support along with monitoring the terms of this engagement. If we deem any breach in these terms your service can be suspended without warning until the breach has been resolved. You must not use the Service to harm others or the Service. For example, you must not use the Service to harm, threaten, or harass another person, organisation, or Clarity Street and/or to build a similar service or website.
You must note: damage, disable, overburden, or impair the Service; resell or redistribute the Service or any part of it; use any unauthorised means to modify, reroute, or gain access to the Service or attempt to carry out these activities; or use any automated process or Service (such as a bot, a spider, or periodic caching of information stored by Clarity Street) to access or use the Service.

4. Content – Information not to be Re-Sold or Re-Published

You agree that you will not re-sell or re-publish any of the material provided to you by Clarity Street in any form to a third party. You agree that no right of ownership across Clarity Street, or the source code of the Clarity Assist service or any part thereof is transferred to the third-party by entering into this agreement. You are responsible for all content posted and activity that occurs under your account even when content is posted by others who have accounts under your account.

5. Privacy and no Disclosure of Information without Consent

You agree not to disclose any confidential information to any third party, except as required by law, legal process, or governmental order and shall abide by the provisions of Privacy Act 1988 (Cth) in relation to the use of Clarity Street.

6. Ticket Lodgment

All tickets are to be lodged via:
Sending an email to: assist@claritystreet.com.au
Via the Clarity Assist User Portal: https://assist.claritystreet.com.au/support/home

7. Ticket Response Times

Urgent - 1 Hour
High - 4 hours
Medium - 8 Hours
Low - 24 Hours

Should a ticket fall outside these response times, Clarity Street will endeavour to contact you as soon as possible.

8. Use of External Support

Clarity Street reserves the right to use external support services as it deems appropriate. Those support services may include but are not limited to software providers, other consultants, Australian Taxation Office and ASIC.
External Support costs will not be charged to the client, unless agreed prior with the client.

9. Confidentiality and Privacy

Information Collected
1. We collect a variety of information to enable us to provide our Services, Market our services, improve our service and enhance our users’ experience of our services.
Use of Information
1. We may use the information (which may include personal information) we collect about you for a variety of purposes, including:
  1. Provide, operate, maintain, and improve Clarity Street Services.
  2. Enable you to access and use Clarity Street Services, including uploading, downloading, collaborating on and sharing Content.
  3. Send you technical notices, updates, security alerts and support and administrative messages.
  4. Provide and deliver the services and features you request, process and complete transactions, and send you related information, including purchase confirmations and invoices.
  5. Respond to your comments, questions, and requests and provide customer service and support.
  6. Communicate with you, where you have agreed or where the law permits, for marketing purposes, including to periodically inform you about services, features, surveys, newsletters, offers, promotions, contests, and events, and provide other news or information about Clarity Street and our select partners; We will only share your personal information with anyone else for marketing purposes and/or send you promotional materials where this is in accordance with your marketing preferences.
  7. Process and deliver contest or sweepstakes entries and rewards.
  8. Monitor and analyse trends, usage, and activities in connection with the Clarity Street Services and for marketing or advertising purposes.
  9. Investigate and prevent fraudulent transactions, unauthorised access to the Clarity Street Service, and other illegal activities.
  10. Personalise and improve the Clarity Street Services, and provide content, features, and/or advertisements that match your interests and preferences or otherwise customise your experience on Clarity Street Services.
  11. Link or combine with other information we receive from third parties to help understand your needs and provide you with better service.
  12. Enable you to communicate, collaborate, and share files with users you designate; and
  13. For other purposes about which we notify you.

10. Where We Store Your Information

Clarity Street is based in Australia, but we or Third-Party providers may store and process personal information and content overseas. By agreeing to these terms, you acknowledge and agree that your information may be stored or processed overseas.

11. Sharing and Disclosure of Information

We will not share personal information about you or any content with any third parties except as described within these terms.
Vendors, Consultants, Third Party Applications and Other Service Providers: We may share your information with third-party vendors, consultants and other service providers who are working on our behalf and require access to your information to carry out that work.
Compliance with Laws: We may disclose your information to a third party if (a) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request, (b) to enforce our agreements, policies and Terms of Service, (c) to protect the security or integrity of Clarity Street Services, (d) to protect Clarity Street, our customers or the public from harm or illegal activities, or (e) to respond to an emergency which we believe in the good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person.
Business Transfers: We may disclose your personal information to third parties:
If we sell, merge with, or buy all or a substantial portion of any business or assets, in which case we may disclose your personal information to the prospective seller, merger partner or buyer of such business or assets; or
If Clarity Street Pty Ltd and/or our other group companies or substantially all of their assets are acquired by a third party, in which case personal information held by it about its customers will be one of the transferred assets.
Aggregated or Anonymised Data: We may also share aggregated or anonymised information with third parties that does not directly identify you.
Our Group: We may disclose your personal information to any member of our group, which means any company which controls, is controlled by or is under common control with Clarity Street (ABN: 82 627 427 829) and its related entities.

12. Security

While no service is completely secure, Clarity Street takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorised access, disclosure, alteration, and destruction. For example, we encrypt your Content when it is stored in our data centres. In addition, sensitive information such as credit card number and password that we request from you on Clarity Street Services is protected with encryption, such as Secured Socket Layer (SSL) protocol, during transmission over the Internet.
The servers on which personal information is stored are kept in a controlled environment with limited access. While reasonable efforts to guard personal information we knowingly collect directly from you, no security system is impenetrable and due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be safe from intrusion by others, such as hackers. In addition, we cannot guarantee that any passively collected personal information you choose to include in documents you store on our systems are maintained at levels of protection to meet specific needs or obligations you may have relating to that information.
You may access your account information and our service only using an individual user ID and password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. Please advise us immediately if you believe your password has been misused. In addition, always logout and close your browser when you finish your session. Please note that we will never ask you to disclose your password in an unsolicited phone call or email.

13. Account Information & Retention

You may update, correct, or delete information that we control about you at any time by logging into your online account and modifying your information or by emailing us at assist@claritystreet.com.au. We will retain your personal information for the period necessary to fulfil the purposes outlined in these Clarity Assist - Terms & Conditions. If you wish to deactivate your account, please email us at assist@claritystreet.com.au, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period. We will respond to your access request within thirty days. To request removal of your personal information from our blog or testimonials, contact us at the email address listed above. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

We will retain your information for as long as your account is active or as needed to provide you with services. We will retain and use your information to comply with our legal obligations, resolve disputes and enforce our agreements.

14. Intellectual Property

All Intellectual Property Rights in the Service, Website, Documentation, Design, Text, Software, Technical Drawings, Configurations, Graphics, Other files relating to the Service, remain the property of Clarity Street (or its licensors).

15. Data

We do not claim ownership of any content that is transmitted, stored, or processed in your account(s). We also do not control, verify, or endorse the content that you and others make available from the Service. All Intellectual Property Rights in, the Data remain your property. However, your access to the Data is contingent on full payment of the Clarity Street Subscription Fee. You must maintain copies of all Data inputted into the Service. Clarity Street adheres to its best practice policies and procedures to prevent data loss but does not make any guarantees that there will be no loss of Data. Clarity Street expressly excludes liability for any loss of Data no matter how caused.

16. Trademarks

Clarity Street, the Clarity Street Logo, Clarity Assist & the Clarity Assist logo, Clarity Corner & the Clarity Corner logo, and all other logos associated with Clarity Street entity, are including without limitation, either trademarks of Clarity Street, and may not be copied, imitated, or used, in whole or in part, without Clarity Street’ written permission or that our suppliers or licensors. Other products and company names may be traded or service marks of their respective owners.

17. Warranties and Guarantees

No Warranties
1. Clarity Street provides the service "as is", "with all faults" and "as available". To the maximum extent permitted by applicable law, Clarity Street makes no (and specifically disclaims all) representations or warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, any warranty that the service will be uninterrupted, error-free or free of harmful components, that the content will be secure or not otherwise lost or damaged, or any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement, and any warranty arising out of any course of performance, course of dealing or usage of trade. Some jurisdictions do not allow foregoing exclusions. In such an event such exclusion will not apply solely to the extent prohibited by applicable law.
Consumer guarantees
1. You warrant and represent that You are acquiring the right to access and use the Service and agreeing to these Terms for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Service, the website, or these Terms.

18. Limitation of Liability

To the fullest extent permitted by law, in no event will Clarity Street, its affiliates, officers, employees, agents, suppliers or licensors be liable for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, goodwill, use or content) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, negligence or otherwise, even if Clarity Street has been advised as to the possibility of such damages. To the maximum extent permitted by applicable law, the aggregate liability of Clarity Street and its affiliates, officers, employees, agents, suppliers, or licensors, relating to the services will be limited to the greater of an amount equal to three months of your service fee for the service or five dollars ($5.00). The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or failures of its essential purpose.

19. Indemnification

To the extent permitted by law, You will defend Clarity Street against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content provided by you, or your use of the Service, in breach of these Terms: (a) infringes a registered patent, registered trademark, or copyright of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of Clarity Street’s actions); or (b) violates applicable law or these Terms. Clarity Street will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.

20. Cancellation & Termination

Cancellation
1. Should you wish to cancel your account, outside the terms of your subscription agreement, please contact Clarity Street directly. Your branding and user information will be stored to facilitate future reactivation, should you choose to permanently remove data from our database please email assist@claritystreet.com.au.
2. If you cancel service with Clarity Street, your Service ends at the end of your current Service period or payment period. If you fail to cancel in accordance with these Terms, we will automatically renew the Service at the current price and for the same subscription period and will charge your credit card on file with us commencing on the first day of the renewal of the subscription period.
Prepaid Subscriptions
1. There will be no refund for any remaining prepaid period for a prepaid Subscription Fee.

21. File Deletion

You agree that at such time that you decide to cancel your membership with Clarity Street, that all downloaded and stored information, documents and other Clarity Street material be permanently removed from your firm server and all portable devices, hard drives, and cloud storage system by the end of your billing period and provide written acknowledgment to this effect. However, we do permit you to keep on your document management system workpapers, checklists, letters, and reports that you have used for your clients whilst being a subscriber of Clarity Street and that form part of your client’s tax records and workpapers.

22. Breach

If you breach any of these Terms and do not remedy the breach within fourteen days after receiving notice of the breach if the breach is capable of being remedied; breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 3.3 or any payment more than thirty days overdue); or the paying subscriber goes into liquidation or has a receiver or manager appointed of any of its assets or becomes insolvent, or makes any arrangement with its creditors, or becomes subject to any similar insolvency event in any jurisdiction, Clarity Street may take any or all of the following actions, at its entire discretion: Terminate these Terms and your use of the Service and the Website; Suspend for any definite or indefinite period of time, your use of the Service and the Website.

23. Communication Conditions

By registering with Clarity Street, you understand that we may send you communications or data regarding the Services, including by not limited to: (A) notices about your use of the Services, including any notices covering violations of use; (b) updates; and (c) Promotional information and materials regarding products and services, via electronic mail or telephone. We give you the opportunity to unsubscribe receiving promotional electronic mail from us by following the opt-out instructions provided in the message.

24. Miscellaneous

Entire Agreement
1. These Terms apply to the maximum extent allowed by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Service.

No Assignment
1. We may assign, transfer, or otherwise dispose of our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign or transfer any rights to any other person without Clarity Street’s prior written consent.
Governing law and jurisdiction
1. These terms shall be governed by the laws of Australia. You hereby expressly agree to submit to the exclusive jurisdiction of the courts of Australia for the purpose of resolving any dispute relating to your access to or use of the Service.
Severability
1. If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

Waiver
1. The failure of either party to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.
Rights of Third Parties
1. A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.

Delivery Policy
1. As delivery of our Software as a Service is via an internet powered web browser, it is instantaneous. There is no cost associated with delivery of the Software as a Service as it is only consumed by internet powered browser.

Contact details for Clarity Street

You may write to Clarity Street at:
Clarity Street
Level 5, 24 Albert Road
South Melbourne VIC 3205

You may telephone us on:
+61 437 101 152

You may email us at:
info@claritystreet.com.au
Specifying in the subject line “Clarity Assist - Terms & Conditions of Use"

Questions
If you have any questions regarding these Clarity Assist - Terms & Conditions of Use or require further information, please contact Amy Holdsworth of Clarity Street (see contact details above).

Should there be a discrepancy between these Clarity Assist - Terms & Conditions of Use and the applicable legislation at any time, the applicable legislation at that time will prevail.

Please note that Clarity Street reserves the right to amend or cancel these Clarity Assist - Terms & Conditions of Use at any time at its absolute discretion.