Terms of Service

Last Updated: October 18, 2024

Welcome to Calaman ("Company", "we", "our", "us"). These Terms of Service ("Terms") govern your use of our website located at calaman.com.au (the "Site") and any related services provided by Calaman (collectively, the "Services"). Our services focus on developing innovative solutions to enhance the efficiency of small and medium-sized businesses (SMEs), with a special emphasis on digital transformation and sustainable development, particularly for entrepreneurs, startups, and businesses targeting the Asia and Oceania markets. By accessing or using our Site and Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site or Services.

1. Acceptance of Terms

By accessing and using our Services, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.

2. Description of Service

Calaman provides business consulting services, including but not limited to, strategies for digital transformation, guidance on sustainable development practices, market entry analysis and support for the Asia and Oceania regions, and optimization of business processes to improve efficiency for SMEs. The precise scope of services, deliverables, and timelines for each client engagement will be meticulously detailed in a separate, mutually agreed-upon service agreement or a formal proposal document.

3. Use of Our Services

You agree to use our Services only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Services. Prohibited behavior includes, but is not limited to, harassing or causing distress or inconvenience to any other user, transmitting obscene, offensive, or defamatory content, or disrupting the normal flow of dialogue or operations within our Services. You are responsible for ensuring that your use of the Services complies with all applicable local, state, national, and international laws and regulations.

You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored, or any server, computer, or database connected to our Site. Breaching this provision would constitute a criminal offense under applicable computer misuse legislation, and we will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them.

4. Intellectual Property Rights

All content included on the Site and as part of the Services, such as text, articles, strategic frameworks, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as the compilation and arrangement thereof, is the exclusive property of Calaman or its content suppliers and is protected by Australian and international copyright, trademark, and other intellectual property laws. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site or Services without prior written permission from Calaman. Calaman content is not for resale. Your use of the Site and Services does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You may use protected content solely for your personal or internal business use as directly related to the services provided by Calaman, and will make no other use of the content without the express written permission of Calaman and the copyright owner.

5. Client Responsibilities and Obligations

As a client engaging Calaman's services, you agree to provide timely, accurate, and complete information and data necessary for Calaman to effectively perform the agreed-upon consulting services. You are responsible for the implementation of any recommendations or strategies provided by Calaman and for all business decisions made based on our advice. Calaman is not responsible for the outcomes of such decisions if they deviate from our specific recommendations, if the underlying information provided by you was inaccurate or incomplete, or if market conditions unforeseen at the time of consultation significantly change.

6. Confidentiality and Non-Disclosure

Both Calaman and the Client agree to maintain the confidentiality of any proprietary or confidential information ("Confidential Information") shared during the course of the engagement. Confidential Information includes, but is not limited to, business strategies, financial data, client lists, operational processes, technological innovations, and any other information not publicly known that provides a competitive advantage. This obligation of confidentiality will survive the termination or completion of any service agreement for a period of five (5) years, or as otherwise agreed in writing.

7. Fees, Payment, and Subscription Terms

Fees for our consulting services will be clearly outlined in a specific service agreement, proposal, or on our pricing page for standardized packages. Unless otherwise explicitly stated, all fees are quoted in Australian Dollars (AUD) and are exclusive of any applicable taxes (such as GST), which will be added to the invoice where required. Payment terms, including due dates and accepted payment methods, will also be specified in the service agreement or invoice. For ongoing subscription-based services, terms regarding billing cycles, auto-renewal, and cancellation policies will be provided at the time of subscription. Late payments may incur interest charges at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower, and may result in the suspension or termination of services until the outstanding balance is settled.

8. Disclaimers of Warranties

Our Services are provided on an "as is" and "as available" basis. Calaman makes no warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. Calaman does not warrant that the Services will be uninterrupted, timely, secure, error-free, or that defects will be corrected. Any advice or information, whether oral or written, obtained by you from Calaman or through the Services shall not create any warranty not expressly stated in these Terms.

While we strive to provide valuable, insightful, and accurate advice, the success of any business strategy, digital transformation initiative, or sustainable development plan is inherently dependent on various external factors beyond our direct control, including prevailing market conditions, competitive landscape, economic fluctuations, and the client's diligent execution and resource allocation. Therefore, Calaman cannot and does not guarantee specific results, profit increases, market share gains, or other particular outcomes from the use of our Services.

9. Limitation of Liability

To the fullest extent permitted by applicable law, Calaman, its affiliates, parent companies, subsidiaries, officers, directors, employees, agents, suppliers, or licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, loss of profits, revenue, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; (iii) any content, advice, or information obtained from or through the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

In no event shall Calaman's aggregate liability to you for any and all claims arising out of or relating to these Terms or your use of (or inability to use) the Services exceed the total amount of fees actually paid by you to Calaman for the specific services giving rise to the claim during the six (6) month period immediately preceding the date on which the claim arose.

10. Indemnification

You agree to defend, indemnify, and hold harmless Calaman and its licensee and licensors, and their respective employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content or information submitted, posted, transmitted, or made available by you through the Service.

11. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the competent courts located in Sydney, New South Wales, Australia, and you hereby consent to the jurisdiction and venue of such courts. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

12. Changes and Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, which will be determined at our sole discretion, we will endeavor to provide at least thirty (30) days' notice on our Site or by direct communication prior to any new terms taking effect. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service, and you should discontinue use immediately.

13. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, please contact us at:

Calaman
Email: [email protected]
Phone: +61 (2) 9000 0000 (for legal inquiries related to terms)
Address: 123 Innovation Drive, Sydney, NSW 2000, Australia

Please review these Terms periodically for changes. Your continued use of the Site and Services following the posting of changes will mean that you accept and agree to the changes.