Terms of Use

ABOUT WATCHADVISOR AND THESE TERMS OF USE

These Terms of Use govern your use of the WatchAdvisor websites and mobile applications (together the “Platforms”). The Platforms are owned and maintained by WatchAdvisor AG, Rigistrasse 170, CH-6340 Baar, Switzerland, registered at the Swiss Commercial Register under CHE-243.031.257 (which is also our VAT-ID). For these Terms of Use, we use the term WatchAdvisor (and “we”“us” and “our”) to refer to WatchAdvisor AG and its affiliates. 

Please read these Terms of Use carefully before using the Platforms. By using the Platforms, you signify your agreement to these Terms of Use, our Terms & Conditions and our Privacy Policy. If you do not agree to these Terms of Use, then you shall not continue to use the Platforms.

UPDATES TO THESE TERMS OF USE

From time to time we may make changes to these Terms of Use. We suggest you check back regularly to keep informed of updates. The latest version of these Terms of Use will always be available on the Platforms. Any new version of these Terms of Use shall take effect immediately and will govern the use of the Platforms and your relationship with us immediately upon the date of posting. By continuing to use the Platform, you agree to be bound by the terms of these updates and amendments.

ABOUT OUR HOSTING SERVICES

Hosting Services for our Platforms are provided by Platform.sh SAS, located at 38, rue du Sentier, Paris, 75002 France, and Platform.sh Inc a Delaware registered corporation, located at PO Box 536 Brooklyn, MI 49230. In their Terms of Service Platform.sh SAS and Platform.sh Inc as well as their affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and/or licensors are refered to as “Platform.sh", "us", or "we".

PRIVACY POLICY

You represent and warrant to WatchAdvisor that: (i) you are of legal age to form a binding contract, (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Platforms and take full responsibility for the selection and use of and access to the Platforms. Fake profiles are not allowed and will be deleted by WatchAdvisor without any notice. 

Our information collection practices on the Platforms, such as the types of information we collect regarding visitors and registered users to the Platforms and the ways in which we may use that information, are governed by the terms of our Privacy Policy.

USE OF MATERIALS ON THE PLATFORMS

In order to build the biggest worldwide community of  luxury watch lovers, WatchAdvisor has created its Platforms to provide information about the watch brands, their products, their authorised retailers and WatchAdvisor itself. Whilst considerable effort has been made to ensure that the visual representations of information and products displayed on the Platforms are representative of the colour, design and style etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, WatchAdvisor cannot be held liable for any apparent differences in the product images represented on the Platforms and the original products. While we also strive to display accurate and upto date informtation about brands, their products, and their official retailers, it may be possible that incorrect data exists on the Plaforms. We therefore strongly advise you to make use of the functionality of the Platforms to contact one of the brands official retailers or boutiques to confirm any information you deem relevant prior to making a purchase online or by phone.

You may download one computer copy or print one copy of the material made available to you via the Platforms, or download the application on to your mobile device, for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the Platforms (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) is protected by legislation such as copyright, designs and trademark legislation on belaf of the represented brands or WatchAdvisor.

You are not authorised to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any Watchadvisor information, data & services in any way for any public or commercial purposes. Furthermore, WatchAdvisor information, data & services may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Use, your permission to use the Platforms with their information, data & services will terminate automatically and any copies made of WatchAdvisor information, data & services must be immediately destroyed. Any unauthorised use of WatchAdvisor information, data & services may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

YOUR SUBMISSIONS AND UNSOLICITED COMMUNICATIONS

This section concerns communications sent to WatchAdvisor. It does not concern the communication of personal information to WatchAdvisor in relation to customer enquiries, the use of support, the information request or purchase of products through the Platform. The latter is governed by the rules stipulated in the Privacy Policy and Terms & Conditions.

Any communication or material that you transmit to WatchAdvisor via the Platforms or through social media, by electronic mail or otherwise, including, but not limited to, any information, watch brand and watch product data, retailer & shop data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by WatchAdvisor. You must confim any such communication is legal and and does not violate a third party's copyrights before uploading. You remain responsible for all your published content during and after the use on the Platforms. WatchAdvisor will delete all known illegal or unadequate published content without any notice.

By sending communications to WatchAdvisor or uploading material & content to the Platforms you automatically grant WatchAdvisor a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything that you transmit may be used by WatchAdvisor and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcasting and posting, or developing, manufacturing and marketing products using such information.

WatchAdvisor specilizes in the development, implementation and delivery of digital transformation processes and IT business solutions. To this end, it possesses its own sources of creativity, in particular highly skilled IT engineers and professionals who conceive and perfect WatchAdvisor’s business solutions. As a result, WatchAdvisor cannot agree to or accept to be the receiver of unsolicited proposals of collaboration. Indeed, it is conceivable that WatchAdvisor may already be working on similar ideas and/or solutions. Consequently, you are advised that WatchAdvisor is not interested in receiving ideas or other proposals relating to creations you may wish to submit.

LIMITATION OF LIABILITY

This section applies to the Platforms and to the services provided through the Platforms.

WatchAdvisor tries to ensure that the information provided is accurate and complete. However, WatchAdvisor does not warrant or represent that WatchAdvisor’s information, data & services are completely accurate, error-free or reliable or that use of WatchAdvisor information, data & services will not infringe rights of third parties.

WatchAdvisor does not warrant that the functional and/or technical aspects of the Platforms or the WatchAdvisor information, data & services will be error free or that the Platforms, WatchAdvisor information, data & services or the servers that make them available are free of viruses or other harmful components. If use of the Platforms or WatchAdvisor information, data & services results in the need for servicing or replacing property, material, equipment, data or other element, WatchAdvisor is not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to you “AS IS” AND “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. WatchAdvisor and its suppliers make no warranties about the WatchAdvisor information, data & services, software, text, downloads, graphics, and links, or about results to be obtained from using the Platforms.

To the fullest extent permitted by applicable law, WatchAdvisor shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Platforms or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if WatchAdvisor has been advised of the possibility of such damages.

Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.

COPYRIGHT & TRADEMARK NOTICE

It is WatchAdvisor's intention, to consider the copyright of the graphics, sound documents, video sequences and texts (in short "content") published on the Platforms. Furthermore, it is the intention to use self-created content or to use content that has been labeled for commercial reuse. All content within the Platforms mentioned, and possibly by third party protected brands and trademarks, are subject to the provisions of applicable trademark law and the ownership rights of the copyright owner. The mere mention does not draw the conclusion that trademarks are not protected by law. The copyright for published content which were produced and/or published by WatchAdvisor or it's partners for use on the Platforms remains solely with WatchAdvisor. Any reproduction or use of such content in other electronic, digital or printed publications without the expressed permission of WatchAdvisor is prohibited.

LINKS & REFERENCES

For direct or indirect links to other websites that are outside the Platforms, a term commitment would solely come into effect if WatchAdvisor has knowledge of the contents and it would be reasonable and technically possible for WatchAdvisor to prevent its use in case of illegal content. WatchAdvisor states hereby expressly that there were no illegal contents on the linked pages at the time of linking. WatchAdvisor has no influence on the current and future design, the contents, or authorship of the linked pages. WatchAdvisor therefore explicitly distances itself from all contents of linked pages which were changed after the link was put in place. This applies to all offers set within one’s own Internet offers and references, as well as external entries in guest books, discussion forums, blogs or mailing lists. For illegal, incorrect, or incomplete contents, and for damages resulting from the use or misuse of such information, it is the sole liability of the provider of the site referred to, and not the one who has linked to these pages. If you choose to click through any link to off-site pages or third party sites then this is at your own risk. WatchAdvisor does not authorise linking to any of its Platforms from a third party platform without its express prior written authorisation.

TERMINATION AND SUSPENSION

You agree that WatchAdvisor may terminate or suspend your access to and use of the Platforms if WatchAdvisor reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of WatchAdvisor, its affiliated companies or any third party, with or without notice to you. You agree that WatchAdvisor may modify or discontinue providing any of the Platforms, with or without notice to you. You agree that WatchAdvisor will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled “Limitation of liability” and “General provisions” will survive termination of these Terms of Use.

GENERAL PROVISIONS

Unless otherwise specified, the information and materials presented on the Platforms have been published solely for the purpose of promoting WatchAdvisor’s products and services and - in certain cases - to present products for sale via a variety of means. WatchAdvisor makes no representation that WatchAdvisor information, data & services are appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to WatchAdvisor information, data & services may not be legal by certain persons or in certain countries. Our products and services are available in many parts of the world. However, the Platforms may identify products and services that are not available worldwide.

If any provision, or part of a provision, of these Terms of Use is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Use, and the legality, validity or enforceability of the remainder of the provisions of these Terms of Use shall not be affected, unless otherwise required by operation of applicable law.

These Terms of Use constitute the entire agreement between you and us in relation to the use of the Platforms, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter. If WatchAdvisor's Terms & Conditions (TC) will take in place additionally the TC takes precedence over these Terms of Use.

The waiver by WatchAdvisor of a breach of any provision of these Terms of Use will not operate to be interpreted as a waiver of any other or subsequent breach.

APPLICABLE LAW AND JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of Switzerland, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of Use, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with said Terms of Use. Where the laws of Switzerland are different to the mandatory consumer laws in your own country, we will afford you with similar protection.

CONTACT US

If you have any questions or comments about these Terms of Use, please contact us at the address provided below.


WatchAdvisor AG
Rigistrasse 170
CH-6340 Baar, Switzerland

info@watchadvisor.com
+41 41 280 80 80

last updated March/2017