1. About these Terms
1.1 These Terms of Use ("Terms") govern your access to and use of the Clarity Codes mobile application (the "App") and the websites located at claritty.com and clarity.codes (together with the App, the "Service").
1.2 The Service is provided by Professional Hair Products Limited, trading as Professional Hair Labs, a company registered in Ireland under company number 497664, with its registered office at Wexford Office & Business Park, Whitemill Industrial Estate, Wexford, Ireland Y35 X0TK ("we", "us", "our"). References to our brand "GHOSTBOND" are references to a brand owned and operated by us.
1.3 By downloading, installing, accessing or using the Service, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not access or use the Service.
1.4 These Terms incorporate by reference our Privacy Policy and Cookie Policy, which explain how we handle personal data. By using the Service you also acknowledge those documents.
1.5 We recommend that you save or print a copy of these Terms for your records.
2. Definitions
In these Terms, the following words have the following meanings:
| Term | Meaning |
|---|---|
| App | The Clarity Codes mobile application made available through the applicable app store for use on compatible devices. |
| App Store | Apple's App Store, the Google Play store, or any other distribution platform through which the App is made available. |
| App Store Rules | The terms, policies and usage rules of the relevant App Store that apply to your use of the App. |
| Authentication Result | Any message, status or indication produced by the Service following a scan of a Code (for example, that a Code is recognised, not recognised, or has previously been scanned). |
| Code | A unique identifier, QR code, barcode or similar mark applied to our product packaging that can be read by the App. |
| Content | All information, text, images, data, software and other material made available through the Service. |
| Report | Any query, concern, notification or report you submit through the Service, including information about where and when you purchased a product. |
| User / you | Any person who accesses or uses the Service. |
3. The Service
3.1 The Service allows you to:
- (a) scan a Code on our product packaging to receive an Authentication Result indicating whether the Code is recognised by our systems; and
- (b) submit a Report to us if you have concerns about a product, including details of where and when you purchased it.
3.2 We use the information you provide to investigate the suspected counterfeiting, diversion or unauthorised sale of products bearing our brands, and to protect consumers and our intellectual property.
3.3 The Service is provided for your personal, non-commercial use only.
4. Important information about Authentication Results
4.1 An Authentication Result is an indicative tool only and is not a guarantee of authenticity, quality, safety or fitness for purpose. You should not rely on an Authentication Result as the sole basis for any purchasing, health, safety or other decision.
4.2 A result indicating that a Code is recognised does not constitute a warranty that the associated product is genuine, has been stored or handled correctly, or is safe to use. Codes can, in some circumstances, be copied, reused or misapplied by third parties.
4.3 A result indicating that a Code is not recognised, has already been scanned, or is otherwise flagged does not necessarily mean that the product is counterfeit. It may, for example, reflect older stock, a damaged or unreadable Code, packaging intended for a different market, a duplicated scan, or a technical issue.
4.4 If you have any concern about a product, you should stop using it, retain it and its packaging where safe to do so, and submit a Report. Nothing in these Terms affects any statutory rights you may have against the seller from whom you purchased the product.
5. Licence to use the App
5.1 In consideration of your agreement to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download and use one copy of the App on a compatible device that you own or control, solely for the purposes described in clause 3 and in accordance with these Terms and the App Store Rules.
5.2 We and our licensors remain the owners of the App and the Service at all times. Except for the licence granted in clause 5.1, no rights are granted to you.
5.3 You must not, except to the extent permitted by applicable law:
- (a) copy, modify, adapt, translate, reverse engineer, decompile or disassemble any part of the Service, or attempt to derive its source code;
- (b) rent, lease, lend, sell, sublicense, distribute or otherwise commercially exploit the Service;
- (c) remove, obscure or alter any proprietary notices; or
- (d) use the Service in any unlawful manner or for any unlawful purpose.
6. Submitting Reports
6.1 You may submit Reports through the Service. When you submit a Report, you agree that the information you provide will be accurate, complete and not misleading to the best of your knowledge.
6.2 You must not knowingly submit false, malicious or fraudulent Reports, or Reports that you know to be untrue. You must not impersonate any person or misrepresent your relationship with any person or organisation.
6.3 You must not submit any information that is unlawful, defamatory, or that infringes the rights of any third party, and you must not submit special category personal data (such as information about health, religion or political opinions) unless it is strictly necessary and you have a lawful basis to do so.
6.4 By submitting a Report, you grant us a worldwide, royalty-free, perpetual licence to use, store, copy, analyse and disclose the information contained in it for the purposes of investigating and addressing suspected counterfeiting, diversion and unauthorised sales, and otherwise as set out in our Privacy Policy. This includes disclosure to law enforcement, customs authorities, online marketplaces, our legal advisers and other parties involved in such investigations.
6.5 We are not obliged to act on, respond to, or investigate any particular Report, and we may use the information in a Report at our discretion in accordance with applicable law.
7. Acceptable use
7.1 You agree not to:
- (a) use the Service in any way that breaches any applicable law or regulation;
- (b) attempt to gain unauthorised access to the Service, the servers on which it is stored, or any connected system or network;
- (c) introduce any virus, malware, or other malicious or harmful material;
- (d) use any automated system, bot or scraper to access, scan, copy or collect data from the Service;
- (e) probe, manipulate, falsify or interfere with Codes, Authentication Results or the integrity of the authentication system; or
- (f) use the Service to develop, support or operate any competing or counterfeit-related product or service.
7.2 We reserve the right to suspend, restrict or terminate your access to the Service if we reasonably believe you have breached these Terms.
8. Intellectual property
8.1 All intellectual property rights in the Service and its Content, including the Clarity Codes and GHOSTBOND names, logos, trade marks, designs, software, text and graphics, are owned by us or our licensors and are protected by law. All rights are reserved.
8.2 You may not use our names, logos or trade marks without our prior written consent.
9. App Stores
9.1 Your use of the App is also subject to the App Store Rules of the platform from which you obtained it. If there is any conflict between these Terms and the App Store Rules, the App Store Rules will prevail to the extent of the conflict in respect of your use of the App through that platform.
9.2 You confirm that you are not located in a country subject to a relevant government embargo, and that you are not listed on any government list of prohibited or restricted parties.
9.3 The App Store provider is not responsible for the App or its content and has no obligation to provide maintenance or support for it. The Apple-specific terms in Schedule 1 apply where you obtained the App from Apple's App Store.
10. Availability, updates and changes to the Service
10.1 We do not guarantee that the Service, or any part of it, will always be available, uninterrupted or error-free. We may suspend, withdraw or restrict all or any part of the Service for business or operational reasons.
10.2 From time to time we may automatically update the App and change the Service to improve performance, reflect changes to relevant laws, or for other legitimate reasons. You may be required to download and install updates to continue using the App.
11. Disclaimers
11.1 The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we exclude all conditions, warranties, representations and other terms that might otherwise be implied by statute, common law or otherwise, including any warranty as to accuracy, completeness, availability, or fitness for a particular purpose.
11.2 In particular, and without limitation, we give no warranty that any Authentication Result is accurate or reliable, for the reasons set out in clause 4.
11.3 Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
12. Limitation of liability
12.1 Subject to clause 11.3, and to the fullest extent permitted by law:
- (a) we will not be liable to you for any loss or damage that is not reasonably foreseeable, or for any loss of profit, loss of business, business interruption, or loss of business opportunity;
- (b) we will not be liable for any loss or damage arising from your reliance on an Authentication Result; and
- (c) our total aggregate liability to you arising out of or in connection with the Service and these Terms will not exceed €100 (one hundred euro).
12.2 This clause does not affect your statutory rights as a consumer. As a consumer, you have legal rights in relation to goods and services that are not as described or not of satisfactory quality; advice about your legal rights is available from your local Citizens Information Centre (Ireland) or consumer protection authority.
13. Indemnity
You agree to indemnify and hold us harmless against any losses, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms, your misuse of the Service, or any Report you submit that is false, malicious or unlawful.
14. Privacy and personal data
Your use of the Service is subject to our Privacy Policy, which sets out how we collect and process personal data, the legal bases on which we do so, and your rights. Please read it carefully.
15. Termination
15.1 We may end your rights to use the Service at any time by giving notice to you, or immediately and without notice, if you have committed a serious or repeated breach of these Terms.
15.2 On termination you must stop using the Service and delete the App from your devices. The provisions that by their nature should survive termination (including clauses 4, 6.4, 8, 11, 12, 13 and 18) will continue to apply.
16. Changes to these Terms
16.1 We may amend these Terms from time to time. The "Last updated" date at the top shows when they were last revised.
16.2 Where changes are material, we will take reasonable steps to notify you, for example through the App or our websites. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
17. Governing law and jurisdiction
17.1 These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by the laws of Ireland.
17.2 The courts of Ireland will have exclusive jurisdiction, except that, if you are a consumer resident in another country, you may also be entitled to bring proceedings in, and benefit from the mandatory consumer protection laws of, the country in which you reside. If you are resident in the United States, the laws of the State of Florida govern your use of the Service and the state and federal courts located in Florida will have jurisdiction.
18. General
18.1 Entire agreement. These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and us in relation to the Service.
18.2 Severability. If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will continue in full force.
18.3 No waiver. A failure or delay by us in exercising any right under these Terms does not constitute a waiver of that right.
18.4 Assignment. You may not transfer your rights or obligations under these Terms. We may transfer our rights and obligations, for example as part of a corporate reorganisation, provided this does not adversely affect your rights.
18.5 Contact. Questions about these Terms can be sent to info@clarity.codes or by post to Professional Hair Products Limited, Wexford Office & Business Park, Whitemill Industrial Estate, Wexford, Ireland Y35 X0TK.
Schedule 1 - Apple App Store additional terms
Apple App Store
This Schedule applies if you obtained the App from Apple's App Store. The parties acknowledge that these Terms are between you and us only, and not with Apple Inc. ("Apple"), and that Apple is not responsible for the App or its content.
1. Scope of licence. The licence granted to you for the App is limited to a non-transferable licence to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
2. Maintenance and support. We are solely responsible for providing any maintenance and support for the App. Apple has no obligation to furnish any maintenance and support services.
3. Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the App; to the maximum extent permitted by law, Apple has no other warranty obligation in respect of the App.
4. Product claims. We, not Apple, are responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
5. Intellectual property. In the event of any third-party claim that the App infringes that party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of such claim.
6. Third-party beneficiary. You acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance, Apple will have the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
7. Compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.