The content on this Website is provided “as is” and “with all faults”. Calida Marketing makes no warranty or representation, either expressed or implied, as to its use, availability, content accuracy, appropriateness or performance of this site.
As a user, you assume all risks and responsibilities for its use or non-use, and Calida Marketing makes no representation that the content appearing on or downloaded from this Website is compatible with your device or free from viruses or errors.
These Website Terms and Conditions contained herein, shall govern your use of this Website, including all pages within this Website. These Terms apply in full force and effect your use of this Website. By using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Terms and Conditions.
2. Intellectual Property Rights
Calida Marketing and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted viewership only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website. The design and arrangement of this Website may not be copied or otherwise reproduced.
All violations of proprietary rights or these Terms will be prosecuted to the fullest extent permissible under applicable law.
You are expressly and emphatically restricted from all of the following:
a) Publishing our Website material in any media;
b) selling, sublicensing, reproducing and/or otherwise commercializing our Website material;
c) publicly showing our Website material;
d) using this Website in any way that is, or maybe, damaging to Calida Marketing;
e) using this Website in any way that impacts user’s access to this Website;
f) using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
g) engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
Certain areas of this Website are restricted in terms of access, and Calida Marketing may further restrict access to any other areas of this Website, at any time, in its sole discretion.
4. Third Party Content
The trademarks, trade names and logos displayed on this Website are the property of Calida Marketing and/or its licensors or other third parties. Users should not use these without the prior written permission of Calida Marketing or the relevant third party.
5. Personal Information – Privacy and Protection
a) Legal Obligations. We are each responsible for complying with our respective obligations under applicable laws governing Personal Information.
c) Responsible Party. You remain the responsible party for determining the purpose and means of our processing of personal information, including that processing will not place us in breach of any laws.
d) Indemnity. You agree to indemnify, defend, and hold us harmless (and those related to us and our personnel, co-branders or other partners) from and against any claim, demand, loss, damage, cost, or liability (including legal costs) arising out of or relating to you failing to comply with your obligations under this clause. If permissible under applicable law, legal costs will be on an attorney and own client basis.
e) Preservation of Integrity of your Data. Both parties will take reasonable precautions, to preserve the integrity of your Data and prevent any unauthorised access, corruption or loss of your Data.
6. No Warranties
This Website is provided “as is,” with all faults, and Calida Marketing makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
7. Limitation of liability
In no event shall Calida Marketing, nor any of its directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise. Calida Marketing, including its directors and employees, shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
10. Variation of Terms
Calida Marketing is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of this Website.
Calida Marketing shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
12. Governing Law
The Republic of South African governs this Agreement. If a user accesses this website from locations outside of South Africa, that user is responsible for compliance with all local laws.
You consent to the jurisdiction of the Magistrate’s Court in respect of any action or proceedings that we may bring against you in connection with these Terms, even if the action or proceedings would otherwise be beyond its jurisdiction without prejudice to our right to institute any action in any other court having jurisdiction. This Agreement shall be interpreted in accordance with the laws of South Africa. Jurisdiction and venue shall be solely within the Province of Gauteng.
14. Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Calida Marketing and you in relation to your use of this Website and supersede all prior agreements and understandings with respect to the same.