Terms of Service

v1.0 (//)

These Terms govern your use of the Website.

1. General

   1. Definitions

Acceptance of the Terms

1. By accessing the Website, you accept and agree to be bound by the Terms and all Hi-Calibr Policies.
2. If there is any inconsistency between these Terms and any other Hi-Calibr Policy or document, these Terms will prevail unless such other Hi-Calibr Policy or document expressly provides that such other Hi-Calibr Policy or document shall prevail over these Terms.
3. Hi-Calibr reserves the right to remove, modify, or otherwise alter the Terms and the Hi-Calibr Policies at any point without notice. Upon any such removal, modifications, or alterations, these shall be deemed to be incorporated into the Terms and/or the relevant Hi-Calibr Policies (as the case may be), such that the previous version of the Terms and/or the relevant Hi-Calibr Policies (as the case may be) shall be superseded and replaced accordingly.
4. If you do not agree to all the Hi-Calibr Policies, then you may not access the Website and you should immediately discontinue your activities on the Website should you, at any time in the future, not accept such Hi-Calibr Policies.

Services

1. As part of its services, Hi-Calibr provides the Website and publishes Content.
2. By accessing the Website, you warrant in favour of Hi-Calibr that you:
   1. have the full right, power, legal capacity and authority to accept these Terms and all Hi-Calibr Policies and to perform your obligations under these Terms;
   2. shall be solely responsible to ensure that you comply with any laws, regulations, policies or other rules relating to your use of the Website;
   3. are not conducting criminal activities and does not intend to use the Website in connection with any criminal activities;
   4. will not infringe the rights of others;
   5. will, at all times, remain compliant with these Terms and the Hi-Calibr Policies; and
   6. will comply with all relevant and applicable law relating to or connected with your activities in relation the Website.

1. It is your responsibility to check and ensure whether your use of the Website is legal in your country of establishment. You are entirely responsible for complying with your own local, national, federal, state, or other legislation that may relate to or affect your use of the Website at all times when making use of the Website.
2. Hi-Calibr reserves the right to decline the use of its Website by any individual or entity at our sole discretion.

Fair Use Rules

1. You acknowledge and confirm that you have read and shall continually abide by the Fair Use Rules, which Hi-Calibr may update from time to time.

Restriction, Suspension & Termination

1. Hi-Calibr shall be entitled to suspend or terminate or impose any other kind of restriction upon, in whole or in part, the provision and availability of the Website at its sole discretion.

Feedback & Complaints

1. It is important to us to ensure that your feedback is heard.
2. You may send any message containing complaints, suggestions, or queries that you might have regarding the use of the Website or our Services by contacting us on <Insert email address> or <insert other means of contact and their appropriate details>, as listed on our website.
3. All messages are handled with due care by us and shall be confidential.
4. Upon receiving your message, we will endeavour and do our utmost to reply as soon as is practicable.

Intellectual Property Rights

1. 1. Content belonging to Hi-Calibr

1. The Website and all Content as may from time to time be uploaded to or displayed on the Website by Hi-Calibr (hereinafter “Website Content”), are protected by trademark and copyright laws. All rights are reserved. Reproduction, transfer, distribution or storage of part or all of Website Content in any form (which for the avoidance of doubt include software, images, photographs, videos, audio, and text) without our prior written permission is prohibited except in accordance with the following permission. We consent to you storing on your computer or printing copies of extracts from these pages for your personal use only. Individual documents on the Website may be subject to additional terms indicated in those documents.
2. You acknowledge that the software and all material which may be visually and/or audibly presented to you in your use of the Website is either our intellectual property (including, but not limited to, copyright, domain name rights and trademarks) or of our licensor and, in this regard, you acknowledge that you have no rights whatsoever to use or lay claim to any intellectual property belonging to us and/or our licensors.
3. <insert website address> is our uniform resource locator (“URL”) and no unauthorised use may be made of this URL (or any other URL owned by us) on another website or digital Website without our prior written consent.
4. You agree not to monitor, use or copy the Website or Website Content, except where this is allowed explicitly. Any unauthorised use or reproduction may be prosecuted.
5. Any data and any information licensed to us from third parties is provided for use on the Website only and may not be used for any commercial purposes without the consent of such third parties.

   1. Contributor Content

6. Hi-Calibr does not claim ownership rights in any Content as may from time to time be uploaded to or displayed on the Website (hereinafter “Contributor Content” or “Your Content”). You grant Hi-Calibr a licence solely to enable Hi-Calibr to use any information or Your Content you supply Hi-Calibr with, whether by means of the Website or otherwise, so that Hi-Calibr is not violating any rights you might have in Your Content. You grant Hi-Calibr a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right (with the right to authorise further sublicensing) to exercise the copyright, publicity, and database rights you have in Your Content, in any media now known or not currently known, with respect to Your Content. You agree to allow Hi-Calibr to store or re-format Your Content on its Website and display Your Content on the Website in any way as Hi-Calibr chooses.
7. Hi-Calibr will only process your personal information in accordance with Hi-Calibr’s Privacy Policy. Hi-Calibr is the data controller with respect to any data collected through our Services. The Contributor shall at all times comply with the applicable legislation, including but not limited to, the EU General Data Protection Regulation. To the fullest extent permitted by law, you waive your moral rights in relation to Your Content and irrevocably undertake not to assert any such rights against us or any of our authorized users or assignors.
8. You hereby indemnify, defend, and hold Hi-Calibr harmless against all loss, liability or expense (including reasonable attorney and witness fees and expenses) arising out of any claim brought by a third party that Your Content infringes upon, misappropriates, or otherwise violates any rights (including intellectual property rights) owned or controlled by a third party.
9. By posting Your Content on the Website, it is possible for an outside website or a third party to re-post Your Content. You agree to hold Hi-Calibr harmless from any dispute concerning this use.

   1. Other

1. If you believe that any Content breaches your or any third-party rights, please get in touch with us without any delay by sending an email to devassallo1990@gmail.com

Access to Data & Data Retention

1. You acknowledge that Hi-Calibr is under no obligation to retain or preserve or update any information or data in relation to any Content, and that Hi-Calibr reserves the right to delete any Content at any time and for any reason without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.

Disclaimers

1. All information and Content provided by Hi-Calibr relating to the Services is for informational purposes only and Hi-Calibr does not guarantee the accuracy, completeness, timeliness, or reliability of any such information or Content. No Content is intended to provide financial, legal, tax, or other professional advice.
2. You acknowledge that all information and Content accessed by you using the Services is at your own risk. You also acknowledge that Hi-Calibr is not responsible for the vetting, checking, verification and monitoring of any Contributor or Content or other information provided by any Contributor on the Website, and that all information and Content uploaded by a Contributor on the Website is at the Contributor’s own risk.
3. The Website contains links to other websites. Hi-Calibr is not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Website does not imply approval or endorsement of the linked website by us. If you decide to leave Hi-Calibr’s website and Website and access these third-party websites, you do so at your own risk.

Warranties

1. Your use of the Website and the Services is at your sole risk. The Website and Services are provided on an “as is” and “as available” basis and without any expressed, implying or statutory warranty or condition. Hi-Calibr and its affiliates expressly disclaim and exclude, to the fullest extent permitted by applicable law, all warranties, conditions and representations of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

1. Hi-Calibr and its affiliates make no warranty or condition that (i) the Website and Services will meet your requirements, (ii) the Website and Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Website and the Services will be accurate or reliable, or (iv) the quality of any services, information, products, or other material consumed, obtained, or purchased by you through the Website and the Services, whether directly or indirectly, will meet your expectations.

Limitation of Liability

1. Although we shall take all reasonable measures to ensure that our Website is free from all malfunctions, errors, and viruses, we cannot and do not guarantee that these shall be free of such problems.
2. You agree to release, indemnify on demand and hold Hi-Calibr and its affiliates and their officers, employees, directors, advisors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Content, your connection to the Services, your violation of these Terms or the Hi-Calibr Policies or your violation of any rights of another entity or of any applicable law.
3. You expressly understand and agree that, to the fullest extent permitted by applicable law, neither Hi-Calibr nor its affiliates will be liable for any (a) indirect, incidental, special, consequential, punitive or exemplary damages, (b) damages for loss of profits, (c) damages for loss of goodwill, (d) damages for loss of use, (e) loss or corruption of data, or (f) other intangible losses (even if Hi-Calibr has been advised of the possibility of such damages), whether based on contract, tort, negligence, or otherwise, resulting from (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) any promotions and related prizes or rewards made available through the Services; (iv) unauthorised access to or alteration of your transmissions or data; (v) statements or conduct of any third-party on the Services; or (vi) any other matter relating to the Services. To the fullest extent permitted by applicable law, in no event will Hi-Calibr’s total liability to you for all damages, losses (including contract, negligence, statutory liability or otherwise) or causes of action exceed the amount of one hundred euro (€100).
4. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are dissatisfied with any portion of the Services or with these Terms or the Hi-Calibr Policies, your sole and exclusive remedy is to discontinue use of the Services.

Choice of Law and Jurisdiction

1. These Terms, all Hi-Calibr Policies and your use of the Website and the Services shall be governed and construed in accordance with the Laws of Malta.
2. You irrevocably agree to submit yourself to the non-exclusive jurisdiction of the Courts of Malta for settlement of any matter or dispute whatsoever arising out of these Terms or your use of the Services.
3. In any case, this choice of applicable law and jurisdiction shall not have the result of depriving you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable.
4. If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.

Assignment

1. You acknowledge that we are entitled to transfer or otherwise assign these Terms, directly or indirectly, in whole or in part, to any person without seeking your consent.

No Partnership

1. Use of the Website does not create and shall not be construed to create, at any point, a joint venture, partnership, or other formal business relationship between you and Hi-Calibr.

Entire Agreement

1. These Terms shall constitute the entire agreement between us and you regarding the subject matter hereof and supersede any prior agreement between us in relation thereto.
2. Where these Terms and any other Hi-Calibr Policies or documents are prepared in various languages other than the English language, any non-English language version of these Terms or Hi-Calibr Policies or documents shall be for reference only. In the event of there being any differences between the English language version of these Terms or Hi-Calibr Policies or documents and any other language version, the version in the English language shall prevail.
3. There shall only ever be one active version of these Terms and Hi-Calibr Policies at any point in time. Should any doubt or conflict arise, the most recently approved version of the Terms and Hi-Calibr Policies shall prevail.