Terms and Conditions

 

Acceptance of These Terms of Service

World Watch Brands Inc. (“World Watch Brands,” “we,” “us,” or “our”) provides our services (described below) and related content to you through our website(s) located at  https://worldwatchbrands.com (the “Site”) and through our mobile applications and related technologies (“Mobile Apps”, and collectively, such Mobile Apps, the Site, and any and all updated or new services, content, features, functionality and technology offered on or through the Mobile Apps or Site, the “Service”). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service” or “Terms”). By accessing, browsing, or otherwise using the Site, Mobile Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.

If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site and under the “Legal — Terms of Service” section of our Mobile App. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST WORLD WATCH BRANDS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Your Privacy

At World Watch Brands, we respect the privacy of our users. For more information please see our Privacy Policy, located at https://worldwatchbrands.com/privacy (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of information as outlined therein.

Additional Terms

In addition, when using certain features through the Service, you will be subject to any additional terms, conditions, policies, and agreements applicable to such features that may be posted on or within the Service from time to time (“Additional Terms”), which are hereby incorporated by reference into these Terms of Service. If there is any contradiction between these Terms of Service and the Additional Terms, the Additional Terms shall take precedence with respect to the subject matter of the Additional Terms.

Access and Use of the Service

The Service may allow registered users to list, sell, browse, and buy watches in an online marketplace. While World Watch Brands acts as a platform provider to help facilitate transactions through the Service, World Watch Brands is neither the buyer nor the seller of the watches listed on the Service. World Watch Brands provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third-party products is solely between the buyer and seller. Although World Watch Brands might provide historical pricing data, we do not set prices for watches nor do we act as an auctioneer. World Watch Brands acts as a commercial agent to conclude the sale on behalf of each buyer and seller involved in each transaction. Because sellers set prices, they may be higher than retail value of the products sold on our Site and Mobile Apps. Any valuations displayed through the Service are estimates only. World Watch Brands does not guarantee that any watch will sell.

Buying and Selling On World Watch Brands

Listing and Purchasing

By listing a watch at a certain price, the seller makes a binding offer to sell the watch at that price. By purchasing at a certain price, the buyer makes a binding offer to buy the watch at the price. The watch will be sold when the buyer purchases the watch and the seller confirms the sale of the watch.

The contract is concluded between buyer and seller under the condition that the watch be authenticated by World Watch Brands.

A further description of the live marketplace process and the rules applicable to buyers and sellers is available on our support.getWorld Watch Brands.com, as updated from time to time.

Estimated Values

While World Watch Brands may estimate the value of certain watches on the Service, World Watch Brands does not recommend that those watches be purchased nor does it make any representations that such watches are a good value or a sound investment.

THE SERVICE DOES NOT INCLUDE FINANCIAL OR OTHER PROFESSIONAL ADVICE. NO ACTION SHOULD BE TAKEN BASED UPON ANY INFORMATION OBTAINED THROUGH THE SERVICE WITHOUT FIRST SEEKING INDEPENDENT ADVICE FROM A QUALIFIED PROFESSIONAL.

Your Account Obligations

To buy or sell watches through the Service you must create an account and have a valid credit card or other approved payment method on file with our third-party payment processors. When you create an account, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 16 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

Member Account, Password and Security

You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify World Watch Brands of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. World Watch Brands will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Modifications to Service

World Watch Brands reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that World Watch Brands will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage

You acknowledge that World Watch Brands may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on World Watch Brands’s or its third-party service providers’ servers on your behalf. You agree that World Watch Brands has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that World Watch Brands reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that World Watch Brands reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Counterfeits, Fraud, and Market Manipulation

World Watch Brands may monitor the integrity of the World Watch Brands marketplace and may take steps to protect the marketplace as determined by World Watch Brands in its sole discretion (e.g., if World Watch Brands believes a seller or buyer is engaging in market manipulation or fraud, including creating false or “dummy” accounts). If World Watch Brands believes that a user is interfering with the free and fair operation of the World Watch Brands marketplace, or creates artificial, false or misleading information, or information appearing to mislead with respect to pricing or demand for a watch on the World Watch Brands marketplace (all of the foregoing in World Watch Brands’s sole discretion), then, without limiting any other rights of World Watch Brands, World Watch Brands reserves the right to do any or all of the following, in its sole discretion: (i) remove any or all of the user’s listings from the Service; (ii) cancel any or all of the user’s orders pending through the Service; (iii) withhold any payments due to the user; (iv) place limits on a user’s buying and selling privileges; (v) charge the user’s credit card for costs, expenses and fees incurred by World Watch Brands as a result of the user’s actions; (vi) notify law enforcement of the fraudulent activity; (vii) temporarily or permanently suspend the user’s account, and (viii) charge the user’s credit card an additional service fee of up to $1,000 to cover World Watch Brands’s investigation fees and other related costs and expenses.

Limitations and Restrictions

World Watch Brands does not provide any guarantee that your watches will sell and will not provide any compensation for watches that do not sell through our Service. World Watch Brands also does not guarantee how long it will take for a listing to appear in the Service after it is posted and is not responsible for unsold watches resulting from any listing delays. World Watch Brands conducts periodic scheduled maintenance as well as unscheduled emergency maintenance from time to time. During maintenance periods the Service (or portions thereof) may be temporarily unavailable.

Conditions of Access and Use

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to World Watch Brands, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by World Watch Brands.

World Watch Brands reserves the right to investigate and take appropriate legal action against anyone who, in World Watch Brands’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:

• use our Service to solicit sales outside of the Service; use our Service if you are not able to form legally binding contracts;
• create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any World Watch Brands representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
• email or otherwise upload any content that (i) infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party;
• (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment upload or distribute files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
• (iv) poses or creates a privacy or security risk to any person;
• (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
• or (vii) in the sole judgment of World Watch Brands, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose World Watch Brands or its users to any harm or liability of any type;
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
• violate any applicable local, state, national, or international law, or any regulations having the force of law; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• solicit personal information from anyone under the age of 18;
• harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• further or promote any criminal activity or enterprise or provide instructional information about illegal activities; obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service; circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks;
• orengage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by World Watch Brands from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network);
• use World Watch Brands’s trademarks without our written permission;
• except to the extent permitted by applicable law, copy, reproduce, reverse engineer, modify, decompile, disassemble or otherwise attempt to derive source code from, create derivative works from, distribute, or publicly display any content (except for your information) or software from our Service without the prior express written permission of World Watch Brands and the appropriate third party, as applicable;commercialize all or any part of the World Watch Brands Service;
• use any modified versions of Service, for any reason whatsoever, without the express written consent of World Watch Brands; take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Service;
• attempt to gain any unauthorized access to the Sites or the Service, including computer systems, software, or networks; ordo anything else that we determine, in our sole discretion, misuses the Service or otherwise negatively impacts our marketplace.

Competitors: No employee, independent contractor, agent, or affiliate of any competing online marketplace for luxury watches is permitted to view, access, or use any portion of the Service without express written permission from World Watch Brands. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of World Watch Brands or any of its affiliates, or acting on behalf of a competitor of World Watch Brands in using or accessing the Service.

Fees

To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide the financial information necessary to process your payments, such as your bank account number, routing information, payment card number, and authentication details.

You represent and warrant to World Watch Brands that such information is true and that you are authorized to use such payment methods. You will promptly update your account information with World Watch Brands and/or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur.

You agree to pay World Watch Brands the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service.  If you dispute any charges you must let World Watch Brands know within seven (7) days after the date that World Watch Brands charges you.

We reserve the right to change World Watch Brands’s fees. If World Watch Brands does change fees, World Watch Brands will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at World Watch Brands’s option, at least seven (7) days before the change is to take effect.

Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on World Watch Brands’s net income.

Payment Processing

Notwithstanding any amounts owed to World Watch Brands hereunder, World Watch Brands DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card. By agreeing to their Terms of Service, users that use the payment functions of the Service also agree to be bound by the applicable Payment Processor Agreements for the payment function the user is using, as the same may be modified from time to time. You hereby authorize to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact them for more information. World Watch Brands assumes no liability or responsibility for any payments you make through the Service.

Commercial Use

Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. Mobile Services and Software

Ownership

Restrictions

The technology and software underlying the Service or distributed in connection therewith are the property of World Watch Brands, its affiliates, and its licensors including the Mobile Apps, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by World Watch Brands.

Special Notice for International Use;

Export Controls

World Watch Brands is headquartered in Europe. If you access or use the Service from outside of Europe, you do so at your own risk. Whether inside or outside of Europe, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to Europe export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of Europe export laws. Downloading or using the Software is at your sole risk.

Intellectual Property Rights

Service Content

You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by World Watch Brands, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

Trademarks

The World Watch Brands name and logos are trademarks and service marks of World Watch Brands (collectively the “World Watch Brands Trademarks”). Other World Watch Brands, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to World Watch Brands. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of World Watch Brands Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of World Watch Brands Trademarks will inure to our exclusive benefit.

Third-Party Material

Under no circumstances will World Watch Brands be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that World Watch Brands does not pre-screen content, but that World Watch Brands and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, World Watch Brands and its designees will have the right to remove any content that violates these Terms of Service or is deemed by World Watch Brands, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content

You represent and warrant that you own all right, title and interest in and to your User Content, including all copyrights and rights of publicity contained therein. You hereby grant World Watch Brands and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.You hereby authorize World Watch Brands and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to World Watch Brands are non-confidential and World Watch Brands will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

You acknowledge and agree that World Watch Brands may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of World Watch Brands, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright

Our Copyright and Intellectual Property Policy is incorporated into these Terms. Please review it to learn more about our approach to copyright issues.

Third-Party Services and Websites

The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Additionally, you may enable or log in to the Service via various online Third-Party Services, such as social media and social networking services like Facebook or Twitter. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. World Watch Brands has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not World Watch Brands, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. World Watch Brands enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. World Watch Brands will 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 Services.

Indemnification

You agree to defend, indemnify, and hold harmless World Watch Brands, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “World Watch Brands Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any World Watch Brands Party from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such World Watch Brands Party. World Watch Brands will provide notice to you of any such claim, suit, or proceeding. World Watch Brands reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting World Watch Brands’s defense of such matter. You may not settle or compromise any claim against the World Watch Brands Parties without World Watch Brands’s written consent.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE WORLD WATCH BRANDS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE WORLD WATCH BRANDS PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE World Watch Brands PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE WORLD WATCH BRANDS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE WORLD WATCH BRANDS PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID WORLD WATCH BRANDS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED EUROS (€100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and World Watch Brands, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and World Watch Brands are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND WORLD WATCH BRANDS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WORLD WATCH BRANDS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Pre-Arbitration Dispute Resolution

World Watch Brands is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If World Watch Brands and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or World Watch Brands may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by World Watch Brands or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or World Watch Brands is entitled.

Arbitration Procedures

Unless World Watch Brands and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for €10,000 or less, World Watch Brands agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds €10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is €75,000 or less, at your request, World Watch Brands will pay all Arbitration Fees. If the value of relief sought is more than €75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, World Watch Brands will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, World Watch Brands will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) 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 Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Service to the contrary, World Watch Brands agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending World Watch Brands written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination

You agree that World Watch Brands, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if World Watch Brands believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. World Watch Brands may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that World Watch Brands may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that World Watch Brands will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service, and World Watch Brands will have no liability or responsibility with respect thereto. World Watch Brands reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and World Watch Brands governing your access and use of the Service, and supersede any prior agreements between you and World Watch Brands with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of Europe without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and World Watch Brands submit to the personal and exclusive jurisdiction of the state and federal courts located within Europe. The failure of World Watch Brands to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of World Watch Brands, but World Watch Brands may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. World Watch Brands will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond World Watch Brands’s reasonable control.

Questions Concerns Suggestions

Please contact us to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.

CONDITIONS OF AUCTION SALE

The Conditions of Auction Sale set forth below govern the relationship between bidders and buyers, on the one hand, and World Watch Brands and sellers, on the other hand. All prospective buyers should read these Conditions of Auction Sale and Authentication Policy carefully before bidding. By bidding at the auction, you agree that these Conditions of Auction Sale and Authentication Policy form your entire agreement with World Watch Brands and the seller, who is a third party beneficiary hereof, and you agree to be bound by their terms.

World Watch Brands’s Role

World Watch Brands generally acts as the agent for the seller. When that is not the case, World Watch Brands includes a symbol where bidding for the watch (also called a lot) is set forth indicating that World Watch Brands or one of its principals is the owner of the watch or has an ownership interest in it.

Estimates

A lot is given low and high estimates to express World Watch Brands’s opinion of the range within which the watch might sell at auction. Estimates are often based on past or current selling prices for comparable property and are only intended as a guide for prospective bidders. They should not be relied upon as a representation, prediction, or guarantee of actual selling prices.

Other Information Provided to Bidders

Authenticity

The warranties and guarantees made by World Watch Brands and the seller with respect to the watch are solely as set forth in our Authentication Policy.

Watches Are Sold As Is

Except for the guarantee expressly provided in the Authenticity Policy, each watch is sold “as is” and in the condition that it is in at the time of the auction. Neither World Watch Brands nor the seller makes any representation or warranty that a watch is in working order, and no catalogue description should be construed as so stating. Neither World Watch Brands nor the seller makes any representations or warranties of merchantability, fitness for a particular purpose, correctness of the catalogue or other images, or descriptions of the physical condition, size, quality, rarity, importance,  provenance, literature, or historical relevance of any lot. No statement anywhere, whether oral or written, whether made in the online catalogue, an advertisement, a bill of sale, or elsewhere, can be relied on by you or others to be a warranty, or representation of any kind. Nor shall any such statement give rise to any liability of World Watch Brands or the seller. Nothing in any written or oral descriptions of a lot constitutes a representation of fact; they represent the opinions held by World Watch Brands.  If a watch offered for sale is under OEM warranty, the warranty will be valid for the winning bidder, as provided in World Watch Brands’s Seller/OEMM Warranty Policy.

Guarantees of Minimum Price

Watches with a Guarantee. World Watch Brands may guarantee a seller a minimum price for the sale of a watch. This price guarantee may be provided either by World Watch Brands or a third party. Lots with a guarantee will be identified with a symbol where bidding for the lot is set forth. Neither World Watch Brands nor a third party guarantor will share in any portion of the sale proceeds above the level of the guarantee, except that World Watch Brands will receive from the seller our normal seller’s commission payable on the amount of the winning bid when the auction closes. (The amount of the winning bid may also be called the purchase price.)

Reserve

Unless the online catalogue expressly states otherwise, every lot is offered subject to a strictly confidential “reserve,” which is the minimum price at which a lot will be sold. No reserve will exceed the low estimate for the lot.

Registering to Bid

In order to participate in the auction, you must either log in to your World Watch Brands account or create an account if you do not already have one, as described in the Your Account Obligations section of World Watch Brands’s Terms of Service. To bid, you must authorize World Watch Brands to place a pre-authorized hold in the amount of €500 (the “Deposit”) on your credit card on any lot on which you wish to bid. Once World Watch Brands has so collected the Deposit, you may then place bids once the auction has opened. You agree that all bids that you submit are final and irrevocable. World Watch Brands reserves the right, in our sole discretion, to refuse your participation before, during, or after the sale. If you are not the winning bidder, the pre-authorized hold will be released at the conclusion of the auction.

Bidding

The bidder who places the highest bid accepted by World Watch Brands will be the purchaser of the lot. World Watch Brands has absolute discretion in all matters relating to bidding, including, but not limited to, identifying the winning bidder (also called the buyer), handling mistakes or errors in bidding, re-opening bidding, cancelling the sale, and re-offering the watch for sale. World Watch Brands may place bids below the reserve on behalf of the seller, either consecutively or in response to other bids. Neither World Watch Brands nor the seller is liable for any errors in the bidding process. A World Watch Brands principal, officer, director, or employee may bid in an auction for such individual’s personal account only if the person does not know the reserve and does not have access to any other material information not available to the public.

Bidders’ Representations and Warranties

By participating in the sale, you represent, warrant, and agree that:

Neither you individually nor—if “you” are a company or other entity—any person who owns, partly owns, or controls the company or entity, is subject to trade sanctions, embargoes, or any other restriction on trade in the jurisdiction in which you or it does business, as well as under the laws of the European Union, the laws of England and Wales, or the laws and regulations of the United States (collectively, “Sanctioned Person(s)”);

Where acting as agent (with World Watch Brands’s prior written consent), your principal is not a Sanctioned Person(s), nor owned (in whole or in part) by a Sanctioned Person(s), nor controlled by a Sanctioned Person(s);

No portion of the purchase price will be funded by any Sanctioned Person(s), nor will any party involved in the transaction, including, but not limited to, financial institutions, freight forwarders or other forwarding agents, or any other party, be a Sanctioned Person(s), nor owned (in whole or in part) by a Sanctioned Person(s), nor controlled by a Sanctioned Person(s), unless such activity is authorized in writing by the government authority having jurisdiction over the transaction or in applicable law or regulation; and

You are financially sound and know when and how you will pay for the lot if you are the winning bidder.In addition to the registration data World Watch Brands requires as set forth in our Terms of Service, World Watch Brands may conduct an additional check for screening and due diligence purposes using the information you provide World Watch Brands, and you authorize World Watch Brands to provide such information to a third-party for such due diligence purposes. Please review World Watch Brands’s Privacy Policy regarding the processing of your information and your rights.Withdrawal. World Watch Brands reserves the right to withdraw any lot before, during, or after the sale, and we shall have no liability whatsoever for such withdrawal.

Winning Bidder’s Obligations

Subject only to these Conditions of Auction Sale, the closing of the lot establishes a binding contract between the winning bidder, on the one hand, and World Watch Brands and the seller, on the other hand. Promptly following the closing of the auction, World Watch Brands will send a notification to the winning bidder’s World Watch Brands account on the World Watch Brands app advising that the winning bidder was the buyer of the lot and directing the winning bidder to check out (the “Check Out Notification”). Once World Watch Brands has sent the Check Out Notification, the winning bidder may not transfer the payment obligation to another party or another registered World Watch Brands account.

Payment

The winning bidder must commence completion of the auction transaction within 24 hours following receipt of the Check Out Notification and may elect to pay either by wire transfer or with the credit card on file with World Watch Brands. The buyer must pay the full amount invoiced (the purchase price, plus applicable taxes and any other amounts due) no later than one (1) business day following the buyer’s receipt of our Check Out Notification. Upon our receipt of payment in full, World Watch Brands will release the Deposit pre-authorization hold.

Tax

Unless exempted by law, the buyer will be required to pay any applicable taxes determined due by World Watch Brands, as set forth in World Watch Brands’s Marketplace Tax Collection Policy.

Title

Title to, and right to possess, a lot will not pass until World Watch Brands has (i) received the full purchase price in good, cleared funds, and (ii) completed the authenticity checks required by our Authentication Policy. World Watch Brands will not release a lot to the winning bidder until we have received such payment and completed such inspection.

Collection of Property

Unless otherwise agreed by World Watch Brands in writing, buyers must arrange for purchased lots to be delivered to them within 30 days of the auction. World Watch Brands’s liability for loss or damage to a purchased watch shall cease upon the delivery of the watch to the buyer.

Exports and Permits

It is the buyer’s sole responsibility to identify and obtain any necessary export, import, or other permit for the lot. Any notices in the lot description reflect World Watch Brands’s reasonable opinion at the time of publication and are for bidders’ general guidance only. Some watches may have bands made of regulated or protected animal materials (such as alligator or crocodile) and may not lawfully be exported from the auction site without a CITES export permit. These lots will be identified with an ASTERISK symbol * where bidding for the lot is set forth. As a courtesy to the buyer, World Watch Brands will remove the band before the shipment of the watch and buckle to a foreign jurisdiction, but World Watch Brands and the seller otherwise make no representations or warranties as to whether any lot (or a portion thereof) is or is not subject to export or import restrictions or any embargoes.

World Watch Brands’s Obligations

Data Protection

World Watch Brands will hold and process your personal information and may share it with its third party service providers for use as described in, and in line with, World Watch Brands’s Privacy Policy. Under European data protection laws, you may object, by request and free of charge, to the processing of your information for certain purposes, including direct marketing, you may access and rectify personal data relating to you, and may obtain more information about World Watch Brands’s data protection policies by writing to World Watch Brands.

EU CONSUMER RIGHTS DIRECTIVE

If you are a consumer habitually residing in the European Union and the seller of the watch you have bought is not a consumer, you have the right under the EU Consumer Rights Directive to cancel your online purchase within 14 days of the date you collect the lot or it is delivered to you. If the seller of the lot is not a consumer, World Watch Brands will indicate that the EU Consumer Rights Directive applies to this sale by including a symbol where bidding for the lot is set forth.

If you qualify for the cancellation right and wish to exercise it, you must notify us in writing within 14 days of the date you collect the lot, or it is delivered to you (“Cancellation Period”). You are considered to have collected a lot if you (or someone you authorize) collects the lot on your behalf. Within 14 days of sending us the cancellation notice, you must return the watch to us at your own cost in the same condition as when it was collected by or delivered to you. If a lot was delivered to you, you should use the same shipping method that was used to deliver the lot to you to return the lot. You must pay all return shipping costs, including any applicable import and customs fees, charges and taxes, and answer for any loss or damage to the lot incurred after it was released to you.

Upon receiving the lot, and provided it is in the same condition as when the lot was collected by or delivered to you, we will reimburse the purchase price you paid (less any deductions for loss in value of the watch due to your actions or those of one or more of your agents) by the same means that you used to make payment.

World Watch Brands’s Rights

Concerns about Funds. World Watch Brands has the right to refuse to accept payment if, in our sole discretion, we have concerns about the accuracy of any of the representations and warranties made in Paragraph 7 above, payment comes from a source other than the registered winning bidder identified by World Watch Brands as the buyer of record, or if we believe that accepting the payment would be unlawful or may subject World Watch Brands to any liability.

Unmet Payment Obligations

Without prejudice to any rights the seller may have, if you fail to pay the full purchase price reflected on the Check Out Notification (including applicable tax, and other amounts due) for a lot in good, cleared funds within two (2) business days after the close of the auction, we may in our sole discretion exercise one or more of the following remedies:

• Cancel the sale of the lot, retaining the Deposit and any other partial payment as liquidated damages;
• Charge interest at 12% per annum from the date payment became due until the date the full purchase price is received in cleared funds;
• Resell the lot by auction or private sale, with estimates and a reserve set at World Watch Brands’s reasonable discretion, it being understood that in the event the resale of the lot is for less than the amount of its original winning bid, you will remain liable for the shortfall together with all costs incurred in connection with such resale;
• Commence legal proceedings to recover the purchase price for that lot, together with interest, reasonable attorney’s fees, and the costs of such proceedings;
• Set off the outstanding amount remaining unpaid by you against any amounts which we may owe you in any other transactions; and/or

Release information about the winning bidder sufficient to enable the seller to recover the amounts due from the auction, plus costs and reasonable attorneys’ fees, in legal proceedings or otherwise.

Resolving Disputes

We hope never to have any disputes with you but, if we do, we will first try to resolve it amicably if we, in our sole discretion, believe that we reasonably can. If we do not resolve the dispute, we will follow the dispute resolution process set out in World Watch Brands’s Terms of Service.

Limitation of Liability

Under no circumstances shall the aggregate liability of World Watch Brands and the seller to a buyer or bidder exceed the purchase price actually paid by such person for the lot. World Watch Brands will not be liable for any errors or failures to execute bids or for any errors or failures caused by (i) a loss of connection to the internet or World Watch Brands’s online platform by either World Watch Brands or a bidder; (ii) a breakdown or problem with World Watch Brands’s online platform software; or (iii) a breakdown or problem with a bidder’s Internet connection, mobile network or computer.