Terms of Service
The Terms of Service (as defined hereinafter) is executed between you and us i.e. [Calamus UK Limited] (hereinafter referred to as “Calamus”) and governs the usage of our Services, Platform, and/or Applications (all, as defined hereinafter) and any products, features and technologies, we offer.
By accepting these Terms of Service, you represent that you have the capacity to enter into or, if you are acting on behalf of an entity, that you have the authority to bind such entity to a legally binding contract, and you agree that these Terms of Service legally bind you or the entity on behalf of which you purport to act, in the same manner as a signed, written, paper contract. These Terms of Service constitute an electronic record within the meaning of the Applicable Law. This electronic record is generated by a computer system and does not require any physical or digital signatures. Accessing, browsing and/or using the Services, Platform, and/or Application and/or using any of the information provided therein shall be deemed to signify the User’s (as defined hereinafter) unequivocal acceptance of these Terms of Service. The User expressly acknowledges and agrees to be bound by the Terms of Service, regardless of however the User or anyone on the User’s behalf has accessed, installed, downloaded or used the Services, Platform and/or Application and whether or not the User has registered on the Platform and/or Application.
BY DOWNLOADING/INSTALLING, ACCESSING, COPYING OR USING THE PLATFORM, APPLICATION AND/OR OUR SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF SERVICE; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE, OR THE REQUIRED LEGAL AGE IN YOUR JURISDICTION; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT DOWNLOAD, INSTALL OR USE THE PLATFORM, APPLICATION OR OUR SERVICES AND DELETE THE APPLICATION FROM YOUR DEVICE.
“Applicable Laws” shall mean any and all: (i) laws, statutes, constitutions, treaties, rules, regulations, ordinances, codes, guidance, and common law; and (ii) all judicial, executive, legislative, administrative or military orders, directives, decrees, injunctions, judgments, permits, agreements, and other legal requirements, in each case, of, with, or adopted or imposed by any Governmental Authority (as defined hereinafter), now or hereafter in effect and, in each case, as amended from time to time.
“Application”, singular or plural, refers to any of html-based / internet-based computer programs, smart phone, tablet or personal computer applications and all other software programs made available to Users by us.
“Confidential Information” shall have the meaning ascribed to it in Clause 15 of these Terms of Service.
“Content” means all information that is created, uploaded, posted and stored on the Platform and/or Application such as text, photos, audio, video, or other materials and information, including the products and includes any other information made available by Calamus on or through the Platform or Application including proprietary Calamus content and any content licensed or authorized for use by or through Calamus from a third party.
“Customer” means any User who has purchased any of the Services available on the Platform and/or Application.
“Data Protection Law” means any data protection, data security or privacy law, including, without limitation, the EU General Data Protection Regulation 2016/679 (the “GDPR”), and any laws governing Personal Data (as defined hereinafter), Sensitive Personal Data (as defined hereinafter) or information outbound telephone calls, transmission of electronic mail, transmission of facsimile messages and any other communication-related data protection, data security or privacy laws, to which either Party, as applicable, is subject in connection with the Terms of Service.
“Calamus Account” shall have the meaning ascribed to it in Clause 3 of these Terms of Service.
“Governmental Authority” means any government authority, statutory authority, regulatory authority, government department, agency, commission, board, tribunal or court or other law, rule or regulation making entity/ authority having or purporting to have jurisdiction on behalf of the Republic of India or any state or other subdivision thereof or any municipality, district or other subdivision thereof.
“Intellectual Property” or “IP” includes ideas, concepts, creations, discoveries, inventions, improvements, know how, trade or business secrets; trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, systems, principles, synthesis protocol, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, proprietary techniques, research projects, copyright, designs, and other confidential and proprietary information, databases, data, documents, instruction manuals, records, memoranda, notes, user guides, in either printed or machine-readable form, whether or not copyrightable or patentable or protectable under any other intellectual property law, or any written or verbal instructions or comments.
“Intellectual Property Rights” or “IP Rights” include: (i) all rights, title, and interest under any statute or under applicable law including patent rights; copyrights including moral rights; and any similar rights in respect of the Intellectual Property, anywhere in the world, whether negotiable or not; (ii) any licenses, permissions and grants in connection therewith; (iii) applications for any of the foregoing and the right to apply for them in any part of the world; (iv) right to obtain and hold appropriate registrations in Intellectual Property anywhere in the world; (v) all extensions and renewals thereof; and (vi) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same.
“Losses” shall mean all direct losses, damages, liabilities, costs (including legal fees), expenses, charges, interest, penalty, claims, arbitration, proceedings, suits and all sums paid in relation to any compromise or settlement of any claim, arbitration, suit or proceeding.
“Misuse” or “Abuse” means content that is inconsistent with the spirit of the Terms of Service, even if it is something that is not expressly or impliedly forbidden by the letter of these Terms. In other words, if you do something that is not prohibited here verbatim but is not expressly allowed or provided for by the Terms of Service, Calamus is wholly entitled to use its discretion to remove the said content from the Platform and from all other appropriate places.
“Party” refers individually to each of you and Calamus
“Parties” refer to both you and Calamus jointly.
“Personal Data” means any personally identifiable information relating to an identified or identifiable individual, including data that identifies an individual or that could be used to identify, locate, track, or contact an individual. Personal Data includes both directly identifiable information, such as a name, identification number or unique job title, and indirectly identifiable information such as date of birth, unique mobile or wearable device identifier, information that could be used to identify a household, telephone number, key-coded data or online identifiers, such as IP addresses, and includes any data that constitutes “personal data” under the GDPR or similar terms under other Data Protection Law. For the avoidance of doubt, Personal Data includes (without limitation) Personal Identification Information.
“Personal Identification Information” means your name, address, identification number, phone number, and includes any other information by which you may be personally identified.
“Platform” means https://calamusbikes.com/ or such website or any other mobile application powered by Calamus to provide Services, but does not include any website or mobile application owned or operated by a third party that may be accessed from any page on https://calamusbikes.com/ or mobile application powered by Calamus.
“Sensitive Personal Data or Information” with respect to a person means such personal information which consists of information relating to:
financial information such as bank account or credit card or debit card or other payment instrument details;
physical, physiological and mental health condition;
medical records and history;
any detail relating to the above clauses as provided to body corporate for providing service; and
any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.
“Services” means the products such as Calamus bikes and accessories and other services we offer on our Platform or any other products and services made available by Calamus to the User.
“User” capitalised or otherwise, means the person who accesses and/or uses the Services, Platform and Application and if authorised and applicable, the entity on whose behalf any person accesses and/or uses the Services, Platform and Application. It is clarified that the term User shall include all Customers.
“User Content” means any content such as text, photos, audio, video, or other materials and information, created, uploaded, posted, sent, received and stored on or through the Platform and/or Application by the User.
“We” capitalized or otherwise, refers to Calamus and related phrases “us” and “our” should be understood accordingly.
“You” capitalised or otherwise, means the User. “Your” capitalised or otherwise, has a corresponding meaning.
By checking any acceptance boxes, clicking any acceptance buttons, submitting any text or content or simply by browsing, accessing or making any use of the Platform and/or Application you (i) accept the Terms of Service and agree to be bound by each of its terms, and (ii) represent and warrant to Calamus that: (a) these Terms of Service are binding and enforceable against you; (b) to the extent an individual is accepting these Terms of Service on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity; and (c) you have read and understand our Calamus Policies, the terms of which are incorporated herein by reference, and agree to abide by the Calamus These Terms of Service are made between you and us and shall come into effect on the date which you access the Platform and/or Application and/or download the Application and/or your Calamus Account is created whichever is earlier, and shall continue unless and until terminated by us or you.
In the event that the User or anyone acting on the User’s behalf does not wish to be bound by the Terms of Service, the User (or the legal person/entity acting on the User’s behalf) unequivocally agrees to refrain from accessing, using or retaining the Services and/or Platform and/or Applications on any device in any manner whatsoever. The User agrees that anything done or caused to be done by the User or anyone acting on the User’s behalf, whether expressly or impliedly that is in contravention of the Terms of Service will render the User liable for legal and punitive action.
While individuals under the age of 18 (eighteen) may utilize/browse the Platform and/or Application, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such parent /legal guardian’s registered account. Calamus reserves the right to terminate your access and refuse to provide you with access to the Platform and/or Application if Calamus discovers that you are under the age of 18 (eighteen) years or the required legal age in your jurisdiction. You further represent and warrant that you are not under any legal or other deficiency which prevents/may prevent you from: (i) entering into a valid contract under the Applicable Laws; and (ii) making valid payment to Calamus for Services ordered by you.
You are responsible for, and agree to comply with, all laws, rules, and regulations applicable to your use of the Platform, Application and Services, any transaction you enter into on the Platform and/or Application, or in connection with your use of the Platform and/or Application.
ACCEPTANCE OF TERMS
These Terms of Service form an electronic contract that establishes legally binding terms that the User must accept to use the Services provided by Calamus through the Platform, and/or Application. These Terms of Service include by reference other terms disclosed and agreed to by the User in the event the User registers for, purchases, or accepts additional features, products or services in addition to the Services, including but not limited to terms governing features, billing, discounts, promotions, etc.
The User has an option to register and create an account (“Calamus Account”) on the Platform to be able to access certain features such as tracking of shipment etc. You will at all times be responsible for maintaining the confidentiality of the Calamus Account information, its password and are fully responsible for all activities that occur under your Calamus Account. You agree to (i) immediately notify Calamus of any unauthorized use of the Calamus Account information or any other breach of security; and (ii) ensure that you exit/log out from the account at the end of each session. Calamus cannot and shall not be liable for any loss or damage arising from your failure to comply with this Clause. You may be held liable for losses incurred by Calamus or any other customer or visitor to the Calamus Platform and/or Application due to authorized or unauthorized use of your Calamus Account as a result of your failure in keeping your Calamus Account information secure and confidential.
You may also register a Calamus Account through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account”). You have the ability to disable the connection between your Calamus Account and your SNS Account at any time, by accessing the “Settings” section of the Platform.
At the time of registration, you shall ensure that the Calamus Account information provided by you in the registration form is complete, accurate and up-to-date. Use of another User’s Calamus Account information is expressly prohibited.
Though you may purchase any Service without registering and creating a Calamus Account, in case you have purchased the bike, once you receive the delivery, you will be required to create a Calamus Account on the Application to enable access to certain features which include but are not limited to GPS navigation and biometric scanner for locking, unlocking and rider profile recognition and real time diagnosis. There will also be an anti-theft feature under the option of find my ride to enable you to track your bike. Certain software updates may also be provided by Calamus through the Application for your bike via your Calamus Account.
We shall not charge any fees for creating and registering a Calamus Account on the Platform and/or Application. Your access of these Services, Platform and Application is free of charge. You shall only be charged for any orders placed by you. However, please note that this is subject to change and Calamus shall, at its sole discretion, have the right to charge Users any fee that it may deem appropriate by amending these Terms of Service.
DESCRIPTION OF SERVICE
Through the Platform, the User can browse through the Services, the information on the Services provided by Calamus and purchase any of the Services. You may view and purchase the Services without having a Calamus Account.
The Services are displayed on the Platform with their detailed description including the package contents provided to the Customer. We have made every effort to display as accurately as possible the information, descriptions, colors and images of our Services. We will not be held responsible for any mistakes or omissions to any information given. We also cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right to correct inaccuracies at any time without prior notice.
We will always endeavor to fulfill your order once completed and paid for. If a Service should become unavailable after your order has been confirmed and paid for, we will contact you to make arrangements for later delivery or refund the price you paid for the Services without any interest. If your order includes Services that are temporarily unavailable, we will send the available items purchased out first and will follow with the outstanding items once they are available again, unless the products do not function without one another. No additional shipping fees will be applicable. You shall however not be entitled to claim any compensation in the event of an overdue delivery period.
We reserve the right to refuse any order you place with us. We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services that we offer. All descriptions of Services are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Services at any time. In the event that, we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We do not warrant that the quality of any Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
You shall bear the sole and exclusive responsibility for all aspects of your usage of the Services, including the compliance with all road, traffic and insurance rules that may apply to you on purchase of the bike. These rules may vary in each country. It is your responsibility to assess your compliance in this respect. You shall bear your owns costs relating to the use of the bike and Application, including any costs relating to your mobile device, internet connection, GPS, reloading of the battery, bell and reflectors.
The prices of the Services are as mentioned on the Platform inclusive of all taxes, shipping costs, custom duties (if applicable) etc. The shipping and delivery price for the Services may vary depending on the location of the delivery. We reserve the right to change the price of any of our Services without any prior notice. You are obligated to confirm the price mentioned on the Platform before placing any order. Please note however that in the event any change in the Applicable Law or laws of the country where the products are being delivered results in an increase in the price of the products including but not limited to an increase in custom duties, export duties etc., then the Customer shall be liable to bear such extra costs as communicated to the Customer by Calamus.
From time to time, we may offer special promotions for some or all of our Services, including discounts, limited edition products, or free shipping. These offers may be for a limited time only and Calamus reserves the right to change or discontinue such offers at any time.
If we are unable to collect any amounts you owe for a Service, we may engage in collection efforts to recover such amounts from you. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to us by you. Such communication may be made by us or by anyone on our behalf, including but not limited to, a third-party collection agent.
Pre-Order Booking Scheme
At certain times, at Calamus’ sole discretion, Calamus may offer a pre-order booking scheme for the purchase of the Calamus bike. Under this scheme, you will be required to pay an interest free pre-booking amount of USD 900 (US Dollar Nine Hundred Only) or such other amount as may be displayed on the Platform (“Pre-Booking Amount”), to place a pre-order for the bike. Thereafter, prior to the shipping of the bike, Calamus shall intimate you to pay the balance amount payable, along with the applicable taxes and shipping costs which you will be required to pay to complete the purchase of the bike.
Please note that should you wish to cancel your order without incurring any cancellation fee, you must write to our customer care team at [.] within 6 (six) days of placement of order. If the cancellation request is made within 6 (six) days of placing the order, we shall refund the entire Pre-Booking Amount paid by you without any interest/cancellation fee to the same account/card that was used while making the payment of the Pre-Booking Amount.
This scheme shall be available at Calamus’ discretion and Calamus shall have the right to either offer or terminate this scheme at our convenience. You are required to visit our Platform to keep yourself updated of any such scheme and its details.
You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Calamus cannot and does not offer tax-related advice to any Users of the Platform, Application and Services.
As part of the Services, Calamus provides a feature through which you may view the prices for various Services in foreign currencies. You understand and agree that these views of prices are for informational purposes only and are not the official price for the Services. The prices viewed in other currencies would be determined at a conversion rate (the “Applicable Exchange Rate”) as determined solely by Calamus. If you make a purchase, you will be notified of the currency in which you will be charged together with the corresponding price. You acknowledge that the Applicable Exchange Rate used for currency conversion processing for such viewing may not be identical to the applicable market rate in effect at the specific time such processing occurs because although Calamus updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis.
If a Customer has made a mistake or wishes to alter their order, a request to edit the order must be submitted in the first 24 (twenty-four) hours to [Please insert link]. Requests received after the first 24 (twenty-four) hours will be accepted on a case by case basis. Calamus has the right to refuse any edit request at its sole discretion.
SHIPPING AND DELIVERY
For information related to shipping and delivery of the Services purchased by you, please refer to the Shipping Policy of Calamus. You are requested to read it carefully before placing any order.
Calamus offers a warranty of its Services. You may refer to the Warranty Policy to know more about the warranty given by Calamus on the Services purchased by you.
CANCELLATIONS, RETURNS AND REFUNDS
Any order may be cancelled for free within 6 (six) days of placing the order. For further information on cancellation, returns and refunds, you are requested to please refer to the Return Policy of Calamus . No cancellation, return or refund which is not mentioned in the Return Policy shall be entertained by Calamus, therefore you are requested to read through the Return Policy very carefully.
INSPECTIONS AND COMPLAINTS
The Customer shall be obliged to carefully inspect the items immediately upon arrival at their destination or to have these examined upon receipt by the Customer. Calamus must be informed in writing of any complaints in respect of defects to the Services or any discrepancies in quantity, weight or quality between the Services supplied and the specification thereof in the relevant order confirmation or invoice no later than within 5 (five) days after the receipt of the Services. The Customer must notify Calamus of defects that could not have been discovered within the abovementioned period in writing immediately after discovery, but in any case no later than within 30 (thirty) days of the receipt of the Services. Should the Customer fail to inform Calamus within the abovementioned term, its rights to exercise any of its rights with regard to such irregularity or defect have lapsed.
The Customer shall be obliged to immediately cease the use of the Services concerned after discovering any irregularity or defect. The Customer shall provide any cooperation Calamus may require in order to investigate the complaint.
Any return or refund of the defective items shall be governed by the Return Policy at [Please insert link of Return Policy].
REVIEWS AND FEEDBACK
A User may have the option to leave a review regarding any product or Service utilized by the User (“Review”). The completed Review may be (i) uploaded onto our Platform for the sole purpose of informing other Users of your opinion of the service (level) and quality of the Services, and (ii) (wholly or partly) used and placed by Calamus at its sole discretion (e.g. for marketing, promotion, or improvement of our service) on our Platform or such social media platforms, newsletters, special promotions, apps, or other channels owned, hosted, used, or controlled by Calamus and our business partners. We reserve the right to adjust, refuse, or remove Reviews at our sole discretion insofar it violates any terms as set forth in this Clause. Calamus does not compensate or otherwise reward a User for completing a Review. The Review form should be regarded as a survey and does not include any (further commercial) offers, invitations, or incentives whatsoever. Calamus undertakes to use its best efforts to monitor and remove Reviews that include obscenities or the mention of an individual’s name or reference to stolen goods.
Calamus will not accept Reviews which include:
profanity, sexually explicit, hate speech, discriminatory, threats, violence;
mention of full names, personal attack towards the staff;
promoting illegal activities (e.g. drugs, prostitution);
sites, emails and addresses, phone numbers, cc details; and
politically sensitive comments.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Platform, Application and Services (“Feedback”). You may submit Feedback by emailing us at [Please insert email id].
You acknowledge and agree that all the Reviews and Feedback will be the sole and exclusive property of Calamus and you hereby irrevocably assign to Calamus and agree to irrevocably assign to Calamus all of your rights, title, and interest in and to all the Reviews and Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Calamus’ request and expense, you will execute documents and take such further acts as Calamus may reasonably request to assist Calamus to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Reviews and Feedback.
TERM & TERMINATION
These Terms of Service will come into effect from the date that you access, browse the Platform, and/or Application and shall remain in effect until terminated in accordance with the Terms of Service.
Termination and/or Suspension
You may terminate your Calamus Account at any time by sending an email to email@example.com. Please note that if your Calamus Account is terminated, we do not have an obligation to delete or return to you any User Content you have posted to the Platform, Application and Services, including, but not limited to, any Reviews or Feedback, if any.
Notwithstanding any other provisions of the Terms of Service, we reserve the right to suspend or discontinue the Services, Platform and/or Application either temporarily or permanently and either wholly or in part, for maintenance purposes or otherwise, without prior notice.
Provisions in these Terms of Service that are by their nature intended to survive termination (including, without limitation Clause 14 (Ownership and Rights), Clause 15 (Confidentiality), Clause 16 (Data Protection), Clause 17 (Indemnity), Clause 18 (Disclaimers), Clause 19 (Limitations of Liability), Clause 21 (Governing Law and Jurisdiction), Clause 22 (Dispute Resolution), Clause 24 (Privacy) and Clause 25 (Miscellaneous)) will continue to apply to you with full force and effect notwithstanding any termination of the Terms of Service.
We reserve the right to revise, modify, or update the Terms of Service from time to time and the most current version will be posted on the Platform and/or Application. If a revision, in our sole discretion, is material, we will notify you by e-mail or through any other means of Other revisions may be updated only on the Platform and/or Application and you are responsible for checking such postings regularly. By continuing to use the Services and/or Platform and/or Application after revisions become effective, you agree to be bound by the revised Terms of Service. The revised Terms of Service shall supersede all prior versions. If you do not agree to the revised terms, you may terminate the Terms in accordance with Clause 12.2 above.
In addition, in the event any regulatory authority that has provided us any license to provide the Services, Platform and/or Application revokes such license, you hereby agree that we may terminate these Terms of Service, at any time, without liability on our part.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Platform, Application, Services and Content. In connection with your use of our Platform, Application and Services, you may not, and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, tax regulations;
through any act or omission, threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;
use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Platform, Application, Services or Content;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Platform, Application, or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Platform, Application, or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Platform, Application, or Services in connection with the distribution of unsolicited commercial email (“Spam”) or advertisements unrelated to lodging in a private residence;
“stalk” or harass any other user of our Platform, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Calamus User;
register for more than one Calamus Account or register for a Calamus Account on behalf of an individual other than yourself without being authorized to do so;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information or otherwise interact with the Platform, Application or Services;
or post, upload, display, publish, submit or transmit any information or User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any Applicable Law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is blasphemous, defamatory, obscene, libelous, pornographic, pedophilic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) harms minors in any way; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; (viii) relating or encouraging money laundering or gambling; (ix) promotes illegal or harmful activities or substances; (x) deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or (xi) creates liability for Calamus or causes it to lose (in whole or in part) the services of ISPs or other suppliers.
systematically retrieve, copy or download data or other Content from our Platform, Application, or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise, either for your benefit or for the benefit of any other persons;
use, display, mirror or frame the Platform or Application, or any individual element within the Platform, Application, or Services, Calamus’ name, any Calamus trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Calamus’ express written consent;
access, tamper with, or use non-public areas of the Platform and/or Application, Calamus’s computer systems, or the technical delivery systems of Calamus’ providers;
attempt to probe, scan, or test the vulnerability of any Calamus system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Calamus or any of Calamus’ providers or any other third party (including another user) to protect the Platform, Application, Services, Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform, Application, Services, or Content to send altered, deceptive or false source-identifying information; or
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform, Application, Services, or Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
Calamus will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Calamus may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms of Service. You acknowledge that Calamus has no obligation to monitor your access to or use of the Platform, Application, Services, or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Platform, Application, and Services, (i) to ensure your compliance with these Terms of Service, including investigation of potential violations hereof; (ii) to comply with Applicable Law or the order or requirement of a court, administrative agency or other governmental body; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect our rights, property or safety of our users and the public. Calamus reserves the right, at any time and without prior notice, to remove, suspend, edit, or disable access to any User Content that Calamus, at its sole discretion, considers to be objectionable for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content), in violation of these Terms of Service or otherwise harmful to the Platform, Application, or Services.
OWNERSHIP & RIGHTS
Data Usage & Retention
The Personal Data that you provide to us or otherwise authorise us to have access to is your property.
All Personal Data and Sensitive Personal Data provided to us by you shall be governed by the Privacy
You acknowledge and agree that Calamus owns and reserves the right, title and interest in and to the Services, Platform, Application and Content.
As part of the Services, we grant you a non-exclusive, limited, royalty-free, revocable license, during the term of the Terms of Service to use our Platform and Application to facilitate your personal, non-commercial use of the Services. Any rights relating to our Platform, Applications and Content that we do not expressly grant to you in writing are expressly reserved, and your access to and use of our Platform and Applications does not grant you an express or implied license in respect of any of the Intellectual Property Rights that are owned by, licensed to, or controlled by us and our licensees.
You acknowledge and agree that the Calamus logo is our trademark and may not be used by you without our prior written consent.
Any distribution, reprint or electronic reproduction of any Content from the Services, in whole or in part, is strictly prohibited without our prior written consent.
You acknowledge and agree that you shall not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other Intellectual Property or proprietary information accessible through the Services and/or Platform, without first obtaining the prior written consent of Calamus
We will notify you of any such claim or proceeding and assist you, at your expense, in defending the same. We reserve the right to assume, at your expense, the exclusive control and defence of any matter that is or may be subject to indemnification under this Should we exercise this right, you nevertheless agree to cooperate with any reasonable requests we make of you to assist with our defence of such matter.
CALAMUS AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE PLATFORM OR APPLICATION, PROVISION OF SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THE PLATFORM OR APPLICATION. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CALAMUS AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CALAMUS AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE SERVICES. CALAMUS IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE APPLICATION AND/OR PLATFORM. CALAMUS DOES NOT WARRANT OR COVENANT THAT OUR SERVICES, PLATFORM OR APPLICATION WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND ACCESS TO THE PLATFORM OR APPLICATION IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES OR THE APPLICATION IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM THE PLATFORM OR APPLICATION, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Neither shall Calamus be responsible for the delay or inability to use the Platform or Application or related services, the provision of or failure to provide Services, or for any information, software, services and related graphics obtained through the Platform or Application, or otherwise arising out of the use of the Platform or Application, whether based on contract, tort, negligence, strict liability or otherwise. Further, Calamus shall not be held responsible for non-availability of the Platform or Application during periodic maintenance operations or any unplanned suspension of access to the application that may occur due to technical reasons or for any reason beyond the Platform or Application’s control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Platform or Application is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
THESE LIMITATIONS, DISCLAIMER OF WARRANTIES AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
Whilst we will use reasonable commercial efforts to ensure that all your submitted Personal Data and Confidential Information is accurately captured, extracted and/or entered into our system, we do not warrant that this process or that any reports and/or analysis generated by the Platform will be 100% (hundred percent) error free. You are responsible for reviewing and verifying all such reports and/or analysis and promptly informing us of any errors noted in writing. Subject to that, we will take steps to investigate and rectify any confirmed errors as soon as reasonably practicable following receipt of your
LIMITATION OF LIABILITY
To the maximum extent permitted by law, we will not be liable to you for any Losses, (including loss of information, data, revenues, profits or savings) resulting, directly or indirectly, out of, or in any way connected with your access to, use of, or reliance on the Platform or Services including any special, consequential, punitive, incidental or other losses, expenses or damages arising out of or in connection with the use of the Platform and/or Application whether in negligence, contract, tort, strict liability, or any other legal theory. You assume full responsibility for the use of the Services and/or Platform and/or Application.
We may suspend performance of our Services or access to the Platform or Application without liability where we have identified an actual or potential personal, financial or legal risk to the User (which may include the following circumstances: (i) if you breach these Terms of Service or any of our Calamus Policies; (ii) if you fail to reasonably cooperate with an investigation by us; or (iii) where we reasonably believe that your continued provision of any of our Services would expose you or us or our respective affiliates or customers to a material security risk or a regulatory action.
Without limiting Clause 19.1 above, if you suffer Losses or damage as a result of our gross negligence or willful failure to comply with our obligations under these Terms of Service or any of the Calamus Policies, any claim by you against us will in any event be limited to the amount paid by you to Calamus for that particular Service which is purchased by you.
Market data and other information made available to you through the Platform and/or Application may be obtained by Calamus from third parties. Whilst Calamus believes such market data or information to be reliable, neither Calamus nor such third parties guarantee the accuracy, completeness or timeliness of any such market data or information and are provided on “as is” basis.
You are solely responsible for all of your communications and interactions with other Users of the Platform, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Platform, Application or Services, including, but not limited to, any of the Users. You understand that Calamus does not undertake to verify the statements of Users of the Platform, Application or Services or the Reviews of any Services. Calamus makes no representations or warranties as to the conduct of Users of the Platform, Application or Services or their compatibility with any current or future Users of the Platform, Application or Services. You agree to take reasonable precautions in all your communications and interactions with other Users of the Platform, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Platform, Application or Services, including, but not limited to, Users particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Calamus.
You acknowledge and agree that using the Services may carry inherent risk, and by such usage, you choose to assume those risks voluntarily. For example, it may carry risk of bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to purchase and use the Services. You assume full responsibility for the choices you make before, during and after your purchase of the Services. You agree to release and hold harmless Calamus and its affiliates from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to yourself or the any other person, due to your usage of the Services.
You expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in Calamus/Platform/Application incurring any form of liability whatsoever, these Terms and any agreement thereof will stand terminated 1 (one) day before the coming into effect of such statute, rule, regulation or
THIRD PARTY WEBSITES, CONTENT, PRODUCTS AND/OR SERVICES
The Services, Platform and/or Application may enable you to link to the websites and to access the content, products and/or services of third parties, including users, advertisers, affiliates and sponsors of such third parties. We have no control over and are not responsible for any such third-party websites or content, products or services and you agree to bear all risks associated with your access to and/or use of any such third-party websites, content, products and
You are aware that all such third-party content is the responsibility of the respective authors thereof, and Calamus does not make any warranties or guarantees with respect to the same. You are further aware that Calamus does not: (i) guarantee the accuracy, completeness, or usefulness of any third party content provided through the Services, Platform, and/or Application; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion or statement made by any party that appears in the Services, Platform and/or Application. You acknowledge and agree that under no circumstances will Calamus or its affiliates be responsible or liable for any Losses resulting from your reliance on information or other Content posted on the Platform and/or Application or transmitted to or by any Users or third parties.
Neither Party shall be liable for any failure or delay on its part in performing its obligations under these Terms, if such failure or delay is due in whole or in part, to “Force Majeure” conditions. Force Majeure for these Terms, shall mean incidents which could not have been reasonably predicted and which have resulted from circumstances beyond the control of the affected Party and which are limited to, act of God, or governmental act, political instability, epidemic, pandemic, flood, fire, explosion, accident, civil commotion, war or computer viruses. The Party whose performance is prevented by Force Majeure shall take all reasonable actions within its power to comply as fully as possible herewith and to preserve and protect the respective interests of the other Party hereto. It is clarified that failure to make payments within the prescribed period for any reason whatsoever or insufficiency of funds, shall not constitute a Force Majeure event.
GOVERNING LAW AND JURISDICTION
These Terms will be governed by the laws of India.
The courts of Mumbai shall have exclusive jurisdiction over any disputes between the Parties arising out of or in relation to these Terms.
If any disputes or claims arising under the Calamus Policies or out of or in connection with the execution, interpretation, performance, or non-performance of the Calamus Policies or in respect of the scope, validity or application of the Calamus Policies, or the subject matter hereof (“Dispute”), representatives of the Parties shall cooperate, in good faith, to attempt to amicably resolve the Dispute.
All Disputes that cannot be resolved by the Parties by discussion shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of 3 (three) arbitrators. Each Party shall appoint 1 (one) arbitrator each and the 2 (two) arbitrators so appointed shall appoint the 3rd (third) arbitrator. The venue of arbitration shall be Mumbai. The language of the arbitration shall be English. The decision of the arbitrators shall be final, binding and incontestable and may be used as a basis for judgment thereon anywhere. Judgment upon any arbitral award rendered hereunder may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.
Each Party shall bear its own costs of the arbitration.
Email ID: firstname.lastname@example.org
The failure of a Party at any time to insist on performance of any provision of the Calamus Policies is not a waiver of that Party’s right at a later time to insist on performance of that or any other governing provision of the Calamus Policies.
If any term or provision of the Calamus Policies is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms and provisions of the Calamus Policies shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
Any notice given under the Calamus Policies by either Party to the other must be in writing, by email, or by electronic communication via the Platform or the Application and will be deemed to have been given on transmission, unless the recipient can satisfactorily establish that the email or electronic communication was not received by the recipient’s email or web server. Notices to Calamus must be sent by email to [Please insert email id] or to any other email address notified by email to the Users by Calamus, or by electronic communication via the Platform or the Application from time to time for such purpose. Notices to the Users shall be sent to the email address which you provided when registering for setting up your Calamus Account or by such other electronic communication via the Platform or the Application.
The User shall not have the right to assign or transfer the Calamus Policies, or any part thereof, without the prior written consent of Calamus Any assignment without such consent shall be void and have no effect. Calamus shall have the right to assign or transfer the Calamus Policies without requiring the prior approval of the Users.
Rights of Third Parties
A person who is not a party to the Calamus Policies has no right to benefit under or entitlement to enforce any term of the Calamus Policies.
Relationship of Parties
You acknowledge and agree that nothing in the Calamus Policies shall cause or constitute the Parties to be partners, agents or fiduciaries of, each other. You will have no authority to make or accept any offers or representations on our behalf. The Calamus Policies will not create an exclusive relationship between you and us.
Contact Email Id -email@example.com.
Contact address – 3 The Courtyard, Timothys Bridge Road, Stratford Upon Avon, United Kingdom, CV37 9NP
Contact Number – +91 9920929995