CALIBRE CONNECT Terms of Use Policy

TERMS OF USE

Effective Date: 04 March 2024

Introduction

Greetings from www.calibreconnect.com (Calibre Connect). These Terms of Use meticulously delineate your access to and utilization of our platform, encompassing the site, services, applications, and tools collectively referred to as “Services.”

Incorporated within these Terms of Use are all pertinent policies, the adherence to which is mandated upon accessing or utilizing our Services. Your engagement with the Services implies unreserved consent to the ensuing terms, strategically designed to uphold the optimal functionality and fairness of our platform. In the event of non-concurrence with these terms or subsequent updates, refrain from accessing or utilizing Calibre Connect. Your use of the Services confirms that you are 18 years of age or older or possess the requisite consents to acknowledge and abide by these terms.

Using Calibre Connect

By using this platform, you expressly agree not to:

• Breach any applicable laws, including but not limited to consumer protection, data protection, and intellectual property laws (alongside their regulations and guidelines).

• Contravene any stipulated posting rules.

• Publish listings devoid of clear, truthful, verifiable, complete, and unambiguous information concerning your contact details, the goods, pricing, delivery, and any additional charges.

• Disseminate threatening, abusive, defamatory, pornographic, obscene, unconstitutional, or indecent material.

• Employ the Services in a manner that could compromise the functionality of our website or applications or impede any party’s use or enjoyment thereof.

• Engage in false or misleading advertising practices.

• Infringe upon the rights of third parties.

• Disseminate spam, chain letters, or pyramid schemes.

• Distribute viruses or other technologies potentially detrimental to Calibre Connect or the interests of its users.

• Exert an undue load on our infrastructure or interfere with the proper functioning of Calibre Connect.

• Copy, modify, or distribute content authored by another user without their explicit consent.

• Utilize any automated means, such as robot spiders or scrapers, to access Calibre Connect and collect content without our express written permission.

• Harvest or otherwise collect information about others, including email addresses, without their consent, or violate the privacy of any individual.

• Exploit information from Calibre Connect to contact users or advertisers for purposes other than utilizing the Services.

• Bypass measures instituted to prevent or restrict access to Calibre Connect.

You assume sole responsibility for all information submitted to this platform and acknowledge the potential consequences arising from your posts. We reserve the right, at our discretion and without any obligation, to refuse, delete, or take down content that we deem inappropriate or in violation of the aforementioned terms. Additionally, we retain the prerogative, at our discretion, to remove ads, suspend ads, effect minor alterations, or temporarily or permanently restrict a user’s site usage or registration.

General

These terms, along with other policies posted on Calibre Connect, constitute the comprehensive agreement between Calibre Connect and users, superseding any prior agreements.

To the extent permitted by applicable law, this Agreement is governed and construed in all respects by the laws of South Africa.

We reserve the right to update this agreement at any time, with changes taking effect upon the next user post or 30 days after posting the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users, and by us.

Fees and Services

While Calibre Connect is generally free to use, certain services may incur fees. Users will review and accept any applicable charges and additional terms, including payment methods, at the time of purchase. Disclosure of these details will be evident when posting an ad. Our fees are quoted in South African Rand and may be subject to change, with notifications of such changes posted on the site. Temporary fee adjustments may be implemented for promotional events or new services.

Fees are non-refundable, and users are accountable for timely payments. Failure to remit payment may result in limitations on service usage. In instances where payment methods fail or accounts are overdue, we may collect outstanding fees using permissible collection mechanisms.

Abusing Calibre Connect

Collaboratively, Calibre Connect and its community endeavor to ensure the seamless operation of the platform. Report issues, offensive content, and policy breaches to us.

Without restricting other remedies, we retain the authority to issue warnings, curtail or terminate our service, remove hosted content, and exercise discretion in cases where ads fail to comply with our policies. We may employ technical and legal measures to prevent users from accessing Calibre Connect if we believe they are causing disruptions or acting incongruently with the principles of our platform. However, we explicitly disclaim liability for monitoring Calibre Connect or unauthorized or unlawful content on Calibre Connect or the use of Calibre Connect by users. Users also acknowledge and accept that Calibre Connect is under no obligation to monitor any data or content submitted to or available on the site.

Content

Calibre Connect hosts content from various sources, including us, you, and other users. This content is safeguarded by copyright laws and international treaties, constituting a collective work and/or compilation. Content displayed on or via Calibre Connect may not be copied, distributed, or modified without our express written consent. Users are prohibited from disassembling, decompiling, reverse engineering, or attempting to discern any source code contained in Calibre Connect. In addition, users are forbidden from reproducing, copying, selling, reselling, or exploiting any aspect of Calibre Connect, excluding their own content.

When providing us with content or causing content to be posted using our Services, users grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) license to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights vested in the content. This includes the right to host, cache, route, transmit, store, copy, modify, reproduce, distribute, syndicate, publish, translate, use, publicly perform, publicly display, reformat, modify, edit, excerpt, analyse, and create algorithms and derivative works from the content. Furthermore, users waive their moral rights to the fullest extent permitted by applicable law and agree not to assert such rights or any other intellectual property or publicity rights against us, our sub-licensees, or our assignees.

Users warrant that the provision of content to us, causing content to be posted using the Services, and the use of such content by us, our users, or others in compliance with the Calibre Connect Terms of Use do not infringe upon the license granted to us.

Infringement

Users are prohibited from posting content that infringes upon the rights of third parties, including intellectual property rights such as copyright, design, and trademark. Calibre Connect features a diverse array of products offered by private individuals in South Africa. Entitled parties, particularly owners of copyright, trademark rights, or other rights owned by third parties, are encouraged to report any offers that may infringe upon their rights. If a legal representative of the entitled party reports this to us appropriately, products infringing upon intellectual property rights will be promptly removed by Calibre Connect.

Liability

Calibre Connect does not function as a supplier under the Consumer Protection Act or otherwise and does not market goods/services. The platform serves solely as a facilitator.

As elucidated, we do not actively monitor data or content and are not involved in the execution of transactions between users.

Calibre Connect does not operate as a payment intermediary, payment processor, payment facilitator, money transmitter, money services business, or any comparable business type, either directly or indirectly. Given that the majority of content on Calibre Connect is user-generated, we neither guarantee nor warrant the accuracy and content of postings or user communications. This includes the quality, safety, or legality of what is offered and the legal capacity of users to conduct transactions.

Users absolve us of any responsibility for the actions or content posted by other users. We disclaim any liability for the posting of unlawful, threatening, abusive, defamatory, obscene, or indecent information or material of any kind that violates or infringes upon the rights of any other person. This includes transmissions that constitute or encourage conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable law.

Calibre Connect may include links to third-party sites, services, and/or goods. These entities are beyond the control of Calibre Connect, and we do not participate in transactions between users and the operators of third-party sites. Calibre Connect does not assume responsibility for the content, services, and/or products offered by these third-party entities.

We cannot guarantee continuous, error-free, or secure access to our services or the correction of defects in the service. While reasonable efforts are made to maintain uninterrupted service, we do not provide any assurances or warranties (express or implied) regarding the availability of our services.

Therefore, to the extent legally permissible, we explicitly disclaim all warranties, representations, and conditions. This includes but is not limited to those of quality, merchantability, merchantable quality, durability, and fitness for a particular purpose. We are not liable for any loss, whether monetary (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising from the use of Calibre Connect. Even if users advise us or we could reasonably foresee the possibility of such damage, we do not accept liability. Some jurisdictions may not permit the disclaimer of warranties or exclusion of damages, making such disclaimers and exclusions inapplicable.

In the unlikely event of our liability being established, our liability to users or any third party (whether in contract, delict, negligence, strict liability in delict, by statute, or otherwise) is limited to the greater of (a) the total fees paid to us by users in the 12 months preceding the action giving rise to liability and (b) 100 South African Rand.

Nothing in these terms limits our liability for fraudulent misrepresentation, death, or personal injury resulting from our negligence or the negligence of our agents or employees.

Personal Information

By utilizing Calibre Connect, users consent voluntarily and knowingly to the collection, transfer, storage, and utilization of their personal information by Calibre Connect on servers for the purposes outlined in our Privacy Policy. Users also consent voluntarily and knowingly to receive marketing communications from us unless they explicitly indicate otherwise.

Security

To ensure the security and reliable operation of the site for all users, Calibre Connect reserves the right, at its discretion, to take necessary action to preserve the security, integrity, and reliability of its network and back-office applications.

Resolution of Disputes

In the event of a dispute between users and Calibre Connect, we encourage users to first contact us directly for resolution. We are open to reasonable requests for alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.