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Terms of Use

Effective from 20 August 2019

Please read these Terms of Use (“Terms”) carefully and in full. These Terms govern your access to, purchase of, and use of mobile applications, websites, products, or services (collectively, the “Service”) made available by Calgiary Limited (referred to as “Calgiary”, “us”, “we”, or “our”). Calgiary Limited is registered in the United Kingdom with company number 08433969 and a Value Added Tax (VAT) number GB197320590.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT ALLOWED TO USE THE SERVICE.

This website (excluding several linked websites) is owned and operated by us. You may use this website for your own private, personal, non-commercial purposes, and in accordance with these Terms.

Permissions to reuse or to re-purpose any contents from this website are not implicit.

You may download, print, and/or share contents of this website for personal and non-commercial purposes, provided that you do not modify, sell, create derivative works, exploit, decompile, reverse engineer, disassemble, distribute, or reproduce any content without our prior written consent.

You may establish hypertext links or references to contents on this website provided that the following conditions are satisfied:

(a) You do not state, suggest, or imply that we have endorsed or we plan to endorse products and services of another party without our prior written consent;

(b) You do not; whether deliberately or inadvertently; misrepresent your relationship with us, or our Service or any parts thereof;

(c) You do not; whether deliberately or inadvertently; use iframe or inline links to incorporate contents from this website into websites, products, or services of another party without our prior written consent;

(d) Whatever medium you may have linked or referenced contents on this website from; including but not limited to websites, software, emails, mobile apps; must not contain offensive materials, and must not contain materials that infringe on the intellectual property rights of any third party.

You may not use our Service or any parts thereof for any of the following purposes:

(a) Post, send, or transmit any material for which you have not obtained all necessary consents, permissions, licences and/or approvals

(b) Post, send, or transmit any material that is libellous, defamatory, abusive, threatening, harmful, discriminatory, vulgar, obscene, in breach of confidentiality/privacy, which encourages or constitutes conduct that would be deemed a criminal offence, which could give rise to a civil liability, or otherwise is contrary to the law;

(c) Use any device, routine, procedure, or software to crash, delay, or otherwise damage/disrupt the operation of our Service;

(d) Post, send, or transmit any material that is harmful to our Service or any part thereof including but not limited to, computer viruses, Trojan horses, corrupt data, or other potentially harmful material which interferes or may interfere with the operation of our Service or any part thereof;

(e) Take any action; whether deliberately or inadvertently; that alters/deletes any information which you have no authorisation to alter/delete;

By confirming your order with us for our Service, purchasing our Service, or using our Service (referred to as “use” or “using” of our Service) or any part thereof, you acknowledge and accept that you have read, understood, and agree to be bound by these Terms.

If you are using our Service on behalf of another person or entity, you represent and warrant that you are authorised to accept these Terms on behalf of such person or entity, and that you and such person/entity accept full responsibility for any violations of these Terms.

These Terms affect your legal rights and obligations, so do not use our Service if you do not agree to be bound by all of these Terms. If and where you do not agree to be bound by all of these Terms, and you have already made payments for our Service or any part thereof, you will not be entitled to any refunds or replacements.

You can use or purchase our Service on several platforms including; but not limited to; Amazon, our websites, our mobile apps, eBay, Apple iTunes store, Google Play store, and/or Windows Phone App store (referred to as “Marketplaces”, “Marketplace”).

You are not required to register, sign up, or create an account with us when you use our Service or any part thereof. However, some parts of our Service will only be available to you and accessible to you if and when you have registered with us.

Whenever applicable, if you place an order to purchase our Service or any part thereof, your order is an offer to us to purchase or use our Service specified in your order. When you place an order for our Service, you will receive a message from the relevant Marketplace where you had placed the order, confirming receipt of your order (“Order Confirmation”). The Order Confirmation does not confirm acceptance of your offer to purchase or use our Service specified in your order. Our acceptance of your order and the completion of the contract of sale between you and us takes place when we dispatch the Service you had ordered to you. You will receive a message from the relevant Marketplace when we have dispatched the Service you ordered.

These Terms should be read in conjunction with all policies, conditions, and notices that we may have published on the respective Marketplace. These Terms and all applicable published policies, where applicable, constitute our Terms and Conditions.

You may print a copy of these Terms for future reference.

It is our policy not to accept any unsolicited suggestions for Service improvements or new Service or ideas or materials from outside our organisation. Any unsolicited suggestions or information that you send us will be treated as non-proprietary and non-confidential, and shall become the property of Calgiary without compensation, for our exclusive use at our unlimited discretion.

Our Service and its contents have been carefully designed and developed for individual and personal use only. You must ensure that you have appropriate insurance covers if you intend or plan to use any of them for business purposes.

Our Service and its contents are not directed at; or fit-for-purchase by; people who are under the age of 13 (“Children”). We do not knowingly collect or solicit any information from anyone who is under the age of 13 nor do we knowingly allow such persons to register for our Service or any part thereof. Where you are required to make payment for any of our Service, you must be at least 18 years old or have the permissions of an adult before you can purchase our Service.

Where you have confirmed your order with us for our Service or you have purchased our Service, no contract or agreement exists between you and us for our Service until we have received and accepted your order and we have received cleared payment in full. Full payment shall include the price of the Service you have ordered or purchased, plus any applicable shipping charge.

All our prices are already inclusive of applicable VAT unless otherwise stated. On eBay, we only accept payments through PayPal. On our websites, we accept payments through all payment methods specified on our website at the time you confirmed your order with us for our Service or purchased our Service. On all other Marketplaces, we accept payments through all payment methods specified by the respective Marketplaces.

Every effort is made to ensure that prices shown on our websites and third-party Marketplaces are accurate at the time you confirm your order with us. If an error is found, we will inform you as soon as possible and offer you the option to either reconfirm your order at the correct price or cancel your order. If we do not receive an order confirmation from you within 7 days of informing you of the error, your order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiration of the 7-day notice period, we will refund or re-credit you for any sum that has been paid by you or debited from your card.

All Service are subject to availability. Where you have placed your order with us for our Service and the Service you have ordered or purchased is not available, we will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your card.

Reference to any part of our Service on this website does not constitute an offer to sell or supply the part or parts of the Service so referenced. Specific advice concerning the availability and suitability of any specific parts of our Service should be sought before purchase.

Whenever prices and purchases are applicable, our prices are subject to change without prior notice.

Service information and prices are available on respective Marketplaces at the time you place your order. All Service information and images, where applicable, are provided for illustration and information purposes only. We strongly recommend that you always read labels, warnings, and relevant Service details before you make any purchase. We make every effort to ensure that all information and prices, where applicable, specified for our Service on respective Marketplaces are precise, correct, and accurate. Where mistakes occur in specified information and/or prices, we reserve the rights to rectify such mistakes as well as rescind any contracts entered into whilst the mistakes were “active”, notwithstanding that we had already accepted your order.

Where the Service you ordered requires delivery to a physical address, your ordered Service will be delivered to the address you provided when you placed your order. All ordered Service that require shipping to physical addresses are dispatched from our warehouses in the UK. In some cases, such orders are dispatched by our Amazon order fulfilment business partners. Unless otherwise stated on the relevant Marketplace, delivery estimates are delivery estimates; they are not (and they do not imply) guaranteed delivery times.

Where the Service you ordered requires electronic delivery to your email address or mobile device, your ordered Service will be electronically delivered; by the relevant Marketplace where you placed the order; to the email address, mobile device and/or account you have specified to the relevant Marketplace.

Where the Service you ordered requires delivery to a physical address, your ordered Service will normally be dispatched within 24 hours after we have accepted your order, excluding weekends and bank holidays. Orders received before 3.00pm UK time are normally dispatched same day, excluding weekends and bank holidays.

Where the Service you ordered requires electronic delivery to your email address or mobile device, your ordered Service will be normally electronically delivered to you within 6 hours after you have successfully placed your order and your order has been accepted by us.

Our “100% Moneyback Guarantee”, “100% Satisfaction Guarantee”, or any similar sales guarantee or promise offered by us explicitly means that if for whatever reasons you are not satisfied with any Service that you had purchased from us, you should simply return the Service in unused and resalable condition within 30 calendar days after the purchase date (or delivery date whichever is later) and we will refund 100% of your money back to you, less any applicable fees or charges or deductions.

All such sales guarantees and promises only apply to Service that have been physically delivered to you, and they do not apply to Service that have been electronically delivered to you, including software or mobile applications.

You have the right to cancel your order for our Service at no cost to you any time before we dispatch the Service you had ordered. This right to cancel, however, does not apply to Service that is electronically delivered to you, including software or mobile applications, once you have started download or use (whichever comes first) of the Service.

You can return your ordered Service within 30 days of your receipt of the ordered Service. This only applies to Service that have been physically delivered to you. Returned Service must be returned in its original packaging, free of damage, scratches, or wear. We are unable to accept any returns if the returned Service is not returned in its original packaging and resalable condition. We will either exchange the Service or issue you a full refund. If you return the ordered Service because it is unwanted or because you changed your mind, you will be responsible for any additional shipping charges for the replacement item. If you return the ordered Service because it was damaged, faulty, or incorrect when it was delivered to you, we will pay any additional shipping charges for the replacement item.

Where we establish and confirm that a full refund or a partial refund is necessary, we warrant to complete the refund within 30 calendar days.

To exercise your right to cancel, you must contact us via methods defined/specified on the relevant Marketplace where you had placed the order.

Unless otherwise stated, you do not have the right to cancel your order if the ordered Service is electronically delivered to you or if the ordered Service, by its nature, cannot be resold as new once the seal or packaging has been broken.

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities of Service purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment details, and/or orders that use the same billing and/or shipping address.

These Terms and our policies do not affect your statutory rights under applicable UK & EU laws relating to the sale and supply of consumer products and/or services.

You agree to indemnify, save, and hold Calgiary, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your misuse of our Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

We have taken all actions and followed all steps to the best of our ability, capacity, and knowledge to ensure the quality, reliability, and security of our Service as well as the protection of users of our Service. However, you expressly agree that the use of our Service is at your own risk. Our Service, and any data and information provided therein are provided on an “AS IS”, “AS AVAILABLE”, and “WITH ALL FAULTS” basis, and with no assurance or guarantee that our Service or any part thereof will withstand attempts to evade security mechanisms or that there will be no cracks, bugs, disablements, or other circumventions. Calgiary, its affiliated companies, contractors, employees, agents, third-party suppliers, licensors, and partners do not warrant that our Service will be uninterrupted or free of errors, and we do not warrant that any of the forgoing will be corrected.

Where applicable by law, under no circumstances, including but not limited to negligence, will Calgiary or its affiliated companies, contractors, employees, agents, or third-party suppliers, licensors, or partners be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenue, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or related to these Terms or that result from your use of or inability to use our Service, or any other interactions with Calgiary.

In no event will the total liability of Calgiary or its affiliated companies, contractors, employees, agents, or third-party suppliers, licensors, or partners to you for all damages, losses, and cause of action arising out of or relating to these Terms or your use of our Service (whether in contract, tort including negligence, warranty, or otherwise) exceed the amount paid by you, if any, to purchase or access our Service during the twelve (12) months immediately preceding the date of the claim.

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

These Terms will be governed by and construed in accordance with English law, and are exclusively under jurisdictions of the courts of England and Wales. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any action.

The use of our Service or any part thereof is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms in its entirety, or that may contradict the jurisdiction of courts of law in England.

No delay or failure by Calgiary or its affiliated companies to exercise any powers, rights or remedies under these Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Calgiary or its affiliated companies.

We reserve the right to modify or withdraw, temporarily or permanently, our Service (or any part thereof) with or without notice to you and we shall not be liable to you or any third party for any such modification or withdrawal.

We reserve the right to terminate your access to our Service (or any part thereof) at any time without notice to you and we shall not be liable to you or any third party for any such action.

We are not responsible if information made available on this website is determined not to be accurate, complete or current. All information on this website is provided for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. This website may contain certain historical information. Historical information, as the name implies, is not current and is provided for your reference only.

These Terms supersede all prior understandings or agreements between you and Calgiary, and constitute the complete agreement between you and Calgiary. These Terms do not create or confer any third-party beneficiary rights, whether implied or expressed.

We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, by sending a notification, posting a notice on our Service, or updating the “Effective from” date stated at the top of this page. Your continued use of our Service will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of our Service. If you do not agree to the revised Terms, you must stop using our Service.

If you have any questions or concerns regarding these Terms, our Privacy Policy, or our Cookie Policy, please send us a detailed message at compliance@managementwire.com.

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