Terms and Conditions
Terms and Conditions
Use of WriteCaliber Applications and Website
Effective Date: 1st Jan 2021
1. User’s Acknowledgment and Acceptance of Terms
2. Description of Services
For the avoidance of doubt, downtime caused directly or indirectly by any of the following shall not be considered a breach of this Agreement:
2.1.1. a Force Majeure Event 2.1.2. a fault or failure of the internet or any public telecommunications network
2.1.3. a fault or failure of the Customer’s computer systems or networks
2.1.4. scheduled maintenance carried out in accordance with this agreement
2.2. Support Services
2.2.1. The Provider shall provide the Support Services to the Customer during the Term with reasonable skill and care.
2.2.2. The Provider shall respond promptly to all requests for Support Services made by the Customer.
3.1. WriteCaliber shall bill for its services on a monthly basis, on the first payment date, and every 30 days thereafter until the service is terminated.
3.2. You will pay the agreed service charges on an automated basis through an agreed payment provider on the same day the payment is due as detailed above.
3.3. If the payment is cancelled, rejected or declined, WriteCaliber reserves the right to immediately terminate the Services.
4. Cancellations and Terminations
4.1. Either party may terminate this Agreement by cancelling the services through the service portal.
4.2. Termination will be effective form the next billing cycle and will not incur refunds for any paid amounts.
4.3. Except to the extent that this Agreement expressly provides otherwise, the termination of this Agreement shall not affect the accrued rights of either party.
6. Third Party Websites and Information
You may be able to access, review, display or use third party applications, websites, services, products, content or information via our Services, or our Services may otherwise include references to content, information, documents, software, materials and/or services provided by other parties (“Third Party Materials”). These Third Party Materials are not under our control, and you acknowledge that we are not responsible for the accuracy, access, fees, subscriptions, copyright compliance, legality, decency, validity or any other aspect of the content of such Third Party Materials, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of a link or reference to the Third Party Materials does not imply endorsement of, or association with, the Third Party Materials or the third party by us, or any warranty of any kind, either express or implied. WriteCaliber shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Materials by our Users. You acknowledge sole responsibility for and assume all risk arising from your access to, use of, or reliance upon any Third Party Materials. You further assume all responsibility for any charges you may incur for accessing any Third Party Materials.
7. Intellectual Property Information
8. Unauthorized Use of Materials
Neither we nor our Affiliates warrant or represent that your use of content accessed through our Services will not infringe the rights of third parties. We respect the intellectual property of others, and we ask you to do the same. If you believe that your copyright, trademark or other property rights have been infringed by content posted on our Website, or accessed through our Services, you should send us notification as per our specified contact details immediately. You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified content from our Services without liability to you or any other party.
9. Services Use Guidelines
You agree to use the Services only for lawful purposes, and not to violate the rights of third parties. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any third party, and you acknowledge and agree that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services. Any unacceptable use may result in immediate termination of your account and suspension of access to Services in the future.
10. Applications License
11. Disclaimer of Warranties
WRITECALIBER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SERVICES RENDERED. ALL OUR SERVICES AND MATERIALS ON OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WRITECALIBER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (EXCEPT TO THE EXTENT PROHIBITED UNDER APPLICABLE LAWS), (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES, PRODUCTS, OR CONTENT OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. OUR SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE ARE EXCUSED FROM LIABILITY FOR DISCONTINUATION, NON-DELIVERY, DELAY IN DELIVERY OR IMPOSING LIMITS ON THE USE OF OR ACCESS TO THE SERVICES OR ANY PART THEREOF FOR ANY REASON. THE USE OF THE SERVICES OR THE DOWNLOADING OF EACH OF OUR APPLICATIONS OR ANY OTHER ACQUISITION OF ANY MATERIALS THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of our Services, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user personalization settings or communications.
12. Limitation of Liability
14. Participation in Promotions
From time to time, our Services may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products through our Services. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
15. International Use
We make no representation that content or materials available through our Services are appropriate or available for use in international locations and accessing them from territories where their contents are illegal is prohibited. You are responsible for compliance with applicable laws, including local laws regarding online conduct and content and export laws and regulations.
17. Governing Law
Our Services are controlled by us from our offices in Dubai, United Arab Emirates. Our Services can be accessed from any country around the world. By using or accessing our Services you agree that the laws of the United Arab Emirates, will apply to all matters relating to the use of our Services. Each of us, to the extent permitted by applicable law, hereby irrevocably and unconditionally agrees that any action or proceeding concerning these Terms or the Services will be brought exclusively in such courts.
18. Class Action Waiver
19. Limitations Period
21. Entire Agreement
If any provision of these Terms is found to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions will continue to be in full force and effect.
WriteCaliber reserves the right to monitor you for compliance with these Terms.
23. Feedback and Contact Information