Terms of Service | Caliberntime

Updated on: Wednesday, October 5, 2022
Language Format: English UK

GENERAL

PLEASE READ THESE TERMS CAREFULLY. THE USE OF THE PLATFORM CALIBER & TIME EITHER THROUGH THE WEBSITE OR ANY OTHER ELECTRONIC DEVICE OR ANY OF THE OTHER PRODUCTS, APPLICATIONS AND SERVICES INDICATE YOUR ACKNOWLEDGEMENT, UNDERSTANDING AND ACCEPTANCE OF THESE TERMS.

THIS TERMS OF SERVICE NOTICE IS DESIGNED TO ENSURE THAT CALIBER & TIME WORKS FOR EVERYONE. THIS TERMS OF SERVICE NOTICE IS EFFECTIVE FROM THE TIME YOU LOG INTO CALIBER & TIME, BY ACCEPTING THIS TERMS OF SERVICE NOTICE YOU ARE ALSO AGREEING TO BE BOUND BY THE PRIVACY POLICY AND THE LISTING POLICY OF CALIBER & TIME.

IN THE EVENT OF NON-COMPLIANCE WITH THESE TERMS OF USE, CALIBER & TIME HAS THE RIGHT TO LIMIT OR TERMINATE YOUR ACCESS OR USAGE RIGHTS TO THE PLATFORM IMMEDIATELY OR REMOVE NON-COMPLIANT INFORMATION OR BOTH AS THE CASE MAY BE.

CALIBER & TIME RESERVES THE RIGHT TO CHANGE THIS TERMS OF SERVICE NOTICE AT ANY TIME.

IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THE CALIBER & TIME PLATFORM AND THE SERVICES PROVIDED BY CALIBER & TIME.

CONTENTS:

SCOPE
CONTRACT
SERVICE DESCRIPTION
ELIGIBILITY
REGISTRATION, USER ACCOUNT & USER INFORMATION
USE OF PLATFORM
GENERAL USER OBLIGATION
TERM OF CONTRACT, TERMINATION, BLOCKING
WARRANTY AND LIABILITY
RIGHT OF INDEMNITY
SEVERABILITY
FINAL PROVISIONS

1. SCOPE

1.1 Caliber & Time, 6-B Dhole Patil Road Hermes Complex C-10, Pune 411001, Maharashtra India (hereinafter “Caliber & Time”) is the operator of Caliber & Time online marketplace for the sale, purchase and trade of quality (entry-level, mid-tier and luxury) wristwatches (hereinafter “Platform”) hosted on the domain https://www.caliberntime.com.

1.2 The following Terms of Service govern the free and paid (or both when applicable) usage of the platform. The terms of service can be downloaded and printed at (full link).

2. CONTRACT

Sending the online registration of your account on https://www.caliberntime.com represents a legally binding offer to form a contract with Caliber & Time. The user shall be notified by e-mail of receipt of his/her registration enquiry and be offered access to his/her personal account. However, a visitor agreement shall not as yet come into effect. The user must activate his/her user account by clicking on the activation link in the confirmation email. The user account will not become active until it is activated by Caliber & Time.

3. SERVICE DESCRIPTION

3.1 Caliber & Time is an online marketplace for wristwatches which offers registered users the possibility of contacting and communicating with sellers and buyers of wristwatches and wristwatch accessories worldwide. Caliber & Time offers registered users the opportunity to post listings (advertisements) of the products they have to sell. Caliber & Time also facilitates users to view listings by other users and initiate contact for purchase.

3.2 Caliber & Time does not itself offer any wristwatches, accessories or other products for sale. Caliber & Time, however, reserves the right to sell or offer free giveaways of branded merchandise for the purposes of marketing and advertising.

4. ELIGIBILITY

4.1 The use of the Caliber & Time platform https://www.caliberntime.com either by registration or by any other means is only allowed for persons of unlimited legal capacity who are 18 years of age and above and persons who can enter into a legally binding contract, and or are not barred by any law for the time being in force.

4.2 Minors in particular may not register.

4.3 Users who access Caliber & Time either by registration on the site or by any other means, not as an individual but on behalf of a legal entity, you represent that you are fully authorised to do so and the listing, posting or information placed on the site on behalf of the legal entity is your responsibility and you agree to be accountable for the same to other users of the Site.

4.4 Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these terms, so please provide accurate information about yourself.

4.5 Caliber & Time may still refuse to let certain people access or use the Services.

4.6 Caliber & Time may also change its eligibility criteria.

5. REGISTRATION, USER ACCOUNT & USER INFORMATION

5.1 Registration is only allowed for persons of unlimited legal capacity. Minors in particular may not register.

5.2 A current e-mail address and a password are required to register. The e-mail address and the password also serve as login details.

5.3 Only one user account can be created with the same e-mail address. The e-mail address is also used for communication with Caliber & Time and is essential for all contractually relevant correspondence between Caliber & Time and the user.

5.4 The password is confidential and care must be taken to ensure that access to the user account is secure.

5.5 Passwords require a minimal number of characters, special characters and characteristics to ensure access to user accounts is secure and confidential.

5.6 Users are obliged to notify Caliber & Time immediately if there are signs that a user account has been misused by third parties.

5.7 The user account is strictly personal. The user is not entitled without the express consent of Caliber & Time to transfer the profile to a third party. Neither is the user entitled without the express consent of Caliber & Time to enable third parties to access his/her user account using his/her login details.

5.8 The user shall in principle be liable for all activities that take place while using his/her user account. The user shall not be liable if he/she is not responsible for the misuse of his/her user account because there is no breach of the existing duty of care.

6. USE OF THE PLATFORM

6.1 Registration with Caliber & Time is free of charge.

6.2 Caliber & Time provides free functions to registered users, which facilitate the use of the platform, particularly the search for offers and management of user accounts. Registered users can also enjoy improved communication with other users.

6.3 Caliber & Time may change the use of the platform, individual functions, or the scope in which individual functions can be used at any time.

6.4 Sales contracts on Caliber & Time may only be entered into by legally competent individuals. Thus, minors are strictly prohibited from entering into sales contracts on our platform.

7. GENERAL USER OBLIGATION

7.1 The User must refrain from any activity aimed at disrupting the operational aspects and technical infrastructure of the website. This particularly includes:

Disrupting the website by e.g. enabling blockage, reading, overwriting and copying of data and/or other content;
Usage of all scripts, access and usage of software or databases supporting the website;
Unwilling and unapproved disclosure of Caliber & Time data or content on public display.

7.2 Users may use the input from Caliber & Time for the search for commercial offers on the website (or third-party platforms) solely by means of the search options of Caliber & Time. Using automated search software options is prohibited.

7.3 Data and contents made available and obtainable to the user may not be used in full or separate parts to build a personal database, or create a personal database, for commercial purposes in any way.

7.4 The user may not express any advertising content on the Platform and conduct in any way behaviour that could be interpreted as spam.

7.5 The user is obligated to inform Caliber & Time as soon as possible if any error or irregularity occurs while using the Platform. The same applies to the identification of commercial offers or contents published by third parties that potentially infringe prevailing law or third-party rights.

7.6 Users may search for commercial offers on the platform solely by means of the search forms provided by Caliber & Time. Avoiding the search forms, particularly by using automated search software to access Caliber & Time databases, is not permitted when searching for offers.

7.7 Data and contents obtained or made accessible to the user through search queries or using the platform may not be used in full, in part or as extracts

To establish a personal database in whatever media format and/or
For commercial utilization of data or to supply information
And/or for any other commercial use.

7.8 The user may not use the platform to send any messages with advertising content without the approval of the recipient (particularly spam).

8. TERM OF CONTRACT, TERMINATION, BLOCKING

8.1 The visitor agreement is for an indefinite period and can be terminated with immediate effect at any time.

8.2 The right of the parties to end the contractual relationship by means of extraordinary termination for good cause remains unaffected. A good cause for Caliber & Time to terminate this agreement without notice is if the user persistently infringes his/her duties as stipulated in clauses 5.4, 5.5 5.6 or 5.7 of this agreement.

8.3 In the event of a good cause that allows termination without notice, Caliber & Time may at its discretion deny access to the user account instead of termination.

8.4 Caliber & Time may also block access if the user has not used his/her login details for a period of at least one year.

8.5 Termination will result in the user not having access to his/her user account.

8.6 Termination by Caliber & Time shall be deemed valid, amongst other things, if the user is duly notified at the e-mail address that he/she has provided.

8.7 Terminations by the user must be given in writing or by using the relevant function to delete the user account on the platform.

9. WARRANTY AND LIABILITY

9.1 Caliber & Time strives to provide and operate a non-disruptive and durable platform. This is naturally restricted to services over which Caliber & Time has an influence. The user however acknowledges that full, uninterrupted platform availability is not technically feasible.

9.2 Caliber & Time is particularly at liberty to restrict access to the platform in full or in part, on a temporary or long-term basis, due to maintenance work, capacity considerations and due to other events outside the power of Caliber & Time.

9.3 Caliber & Time does not in principle pre-check the contents and commercial offers posted on the platform. Caliber & Time cannot, therefore, give an assurance that the information and commercial offers posted on the platform are correct, accurate, reliable, up-to-date, applicable and/or complete. There is no claim either that the contents and commercial offers as posted are free from defects.

9.4 Caliber & Time is not liable in the case of an ordinary negligent infringement of obligations, which are not material obligations, whose initial fulfilment enables the due performance of the agreement and compliance upon which the user may regularly depend upon.

9.5 Liability is excluded to the extent permitted by law for ordinary negligence of duty affecting the availability of the platform or its contents.

9.6 The above liability restrictions apply analogously in the case of damage caused by authorised agents, particularly partners. Caliber & Time is not liable for the actions of users or other third parties. Neither do such third parties act as vicarious agents for Caliber & Time. Liability for indirect and consequential damages is – to the extent permitted by law – excluded.

9.7 The liability of Caliber & Time for malicious intent, gross negligence, and personal injury and pursuant to statutory regulations remains unaffected by the above liability restrictions.

9.8 Caliber & Time is not liable for the agreed price and commercial details as posted by Seller,

9.9 To the extent permitted by law for general negligence of duty by use of the website or its content the liability to Caliber & Time is excluded.

10. RIGHT OF INDEMNITY

10.1 The user shall hold Caliber & Time and its staff and/or appointees harmless from all third-party claims in the event that a claim is asserted on account of purported or actual legal infringements and/or infringement of third-party rights in connection with the use of the platform or services of Caliber & Time by the user.

10.2 The user shall undertake to reimburse Caliber & Time for all potential costs arising from a third-party claim. Reimbursable costs shall also include the costs of appropriate litigation and legal defence, which Caliber & Time would incur to defend itself from third-party claims. In this case, Caliber & Time shall notify the affected user without delay of the legal defence measures to be taken.

11. SEVERABILITY

11.1 If a court decides that any term or provision of this Terms of Service is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Terms of Service shall be enforceable as so modified.

11.2 If one or more provisions of the contractual provisions are or become inapplicable, this shall not otherwise affect the applicability of the other provisions.

12. FINAL PROVISIONS

12.1 The General Terms and Conditions are applicable under the Law of the Republic of India. To the extent possible and applicable these General Terms and Conditions are in accordance with Indian Law and thus also apply under Indian Law.

12.2 In case changes or amendments are made to the terms and conditions, Caliber & Time will be obligated to notify the User in writing form. The obligation is fulfilled sufficiently when the notification includes a link to the amended General Terms and Conditions and a general note these have been amended, without specifically indicating the changes. User has 14 days to object to the amendments in writing by email and hardcopy after being notified, after 14 days without object the amendment shall be deemed to have been accepted; Caliber & Time shall make reference to this fact in its notifications of amendment.

12.3 Caliber & Time is at free discretion to transfer this User Agreement to another company. In case of transferring this agreement to any other company, the User shall have a special right of termination in case this is shared in writing to Caliber & Time within 14 days of notification by Caliber & Time.

12.4 The place of jurisdiction for all disputes arising from and in connection with this document, despite the legal grounds of the counterparty, is Pune, Maharashtra, India.

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