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The information and documents on our Website are only indicative and presented to you to promote our products and services. The information and documents presented may neither be considered as an offer for products and/or services by us, our partners or third parties, nor as advice or instructions regarding the use of our products and services.
Please read carefully the present Terms of Use. By accessing the Website and checking the box “I have read and accepted the General Terms of Use”, you declare that you accept and understand the Terms of Use. If you do not accept our Terms of Use, please refrain from accessing our Website.
We may amend the Terms of Use at any time without prior notice. Please remember to visit this page regularly and to acquaint yourself with any amendments. The version of the Terms of Use published on the Website at the relevant moment is applicable between you and us.
In the Terms of Use, the words ‘we’, ‘our’ and ‘us’ refer to TFWC. ‘You’, ‘your’ and ‘yourself’ refer to the person using or accessing the Website.
1. Definitions
In the Terms of Use, the following capitalized terms shall have the following meanings:
Club: “The Fine Watch Club“, an international club of luxury watch owners offering its Members exclusive offers and benefits according to their subscription tier. The Club is operated through the Website.
Content: any software, work, service, process, layout, design, technology, trademark, logo, business name, invention, description, image, sound, music, video, information and any other content available on the Website.
GTCM: our general terms and conditions of membership, as amended from time to time.
GTCS: our general terms and conditions of sale, as amended from time to time.
Members: any natural person of legal age who joins the Club.
Members' Area: the area of the Website whose access is restricted to Members only.
Statement: our statement on privacy and personal data, as amended from time to time.
Terms of Use: the present general terms of use, as amended from time to time.
TFWC: the company GMT Publishing Sàrl, duly registered in Geneva, Switzerland.
Website: the website https://www.fine-watch-club.com. Any reference to the Website includes the Members' Area unless expressly stated otherwise.
2. Our services
We offer a Website that allows everyone to be informed about the Club, its purpose and its activities. We also offer online services that allow you to join the Club, to benefit from its offers and exclusive content and to take part in its activities.
3. Statement on Privacy and Personal Data
Within the framework of the collection and processing of personal data and subject to the provisions of foreign law that might be directly applicable in Switzerland, TFWC is subject to Swiss legal standards on data protection, which are recognized by the European Union as guaranteeing an adequate level of protection. For more information, please consult our Statement, which is an integral part of the Terms of Use.
4. General Terms of Sale
The purchasing of our products and services through the Website is governed by the GTCS, which are an integral part of the Terms of Use.
5. General Terms of Membership
Membership to the Club is subject to the GTCM, which are an integral part of the Terms of Use.
6. Access to the Website
To access certain parts of the WebSite, you do not need any user account; you simply need to have Internet access and pay any related fees. You must provide all necessary equipment to connect to the Internet.
Access to other parts of the Website (i.e. the Member Area) is reserved for Members with a valid user account.
7. Registration
Anyone wishing to join and access the Club shall register on the Site beforehand.
When you register, you must subscribe to a user account by providing us with an e-mail address and certain other information (the "Access Data"). You are solely responsible for maintaining the confidentiality of your Access Data, as well as for all activities related to your account.
You agree to immediately notify us of any unauthorized use of your account or any other security breach. You also undertake to log out at the end of each session.
You represent and warrant that your Access Data is true, accurate, up-to-date and complete. We decline any responsibility in connection with your Access Data. If you provide us with false, inaccurate, outdated or incomplete Access Data, or if we have reasonable grounds to suspect that this may be the case, we reserve the right to suspend or delete your account, as well as to refuse your access, present or future, to all or part of our services.
By registering an account, you certify that you are over 18 years of age. It is your sole responsibility to check whether your use of the Website is compatible with the laws and standards applicable to you, it being specified that any use of our Website that would be contrary to applicable laws and standards is strictly prohibited.
8. Accuracy, Completeness and Timeliness of the Information
We make reasonable efforts to ensure that the information on the Website is exact and complete. Should this not be the case, we would nevertheless reject all responsibility. You acknowledge that any reliance upon such information shall be at your sole risk. You agree that it is your responsibility to keep yourself informed of any changes made to the Website. Any liability on our part in this respect is excluded.
Only the Terms of Use are binding upon you and us; any other information accessible through our Services being provided for information purposes only.
9. Intellectual Property Rights
Copyrights and other intellectual property rights on the Content are the property of TFWC or used with the permission of the concerned owner. You are authorized to navigate on the Website and to reproduce excerpts thereof, by print or download on a hard disk, for yourself or your friends and family, provided that the rights of the author and other symbols of intellectual property ownership remain intact. No reproduction of any part of the Website may be sold or distributed for commercial purposes, amended, or incorporated to another work, publication or website.
TFWC and, as the case may be, its partners, shall remain owners of all rights on the Content, which is protected by copyright, design law, trademark law or patents and by all other intellectual property or industrial property law applicable.
No part of the Website is intended or may be construed as giving you a licence or a right of use on the Content. Subject to express exceptions as foreseen by these Terms of Use, any use of the Content by you is strictly forbidden.
10. User Content
Our Website might allow you to submit content aimed at other users (the "User Content").
You remain the owner of your User Content. Nevertheless and to the fullest extent permitted by applicable law, by submitting User Content through our Website, you grant us an unlimited in time (even after you stop using our Website), irrevocable, worldwide, non-exclusive, free of charge, sublicensable and transferable license to use, store, reproduce, transfer, modify (including creating derivative works or translations), communicate, publish, publicly perform and display and/or distribute the User Content that you have submitted, this for the sole purpose of providing our Website. Furthermore, if you decide to share all or part of your User Content with other users of our Website, you authorize them to access, use and store such shared content, according to your sharing options.
You guarantee that (i) you have all the rights and authorization to grant the licenses to us or other users as mentioned above and that (ii) the content you submit doesn’t violate any norm, contractual obligation or third-party rights, especially intellectual property rights.
You understand that you are solely responsible for your User Content. We do not pre-approve or control User Content. Therefore, we are not in a position to give any guarantee whatsoever related to User Content, in particular with regard to its accuracy, morality, legality or relevance. Any reliance upon any User Content shall be at your sole risk. We assume no liability for the User Content and the different opinions that may be included therein. Without prejudice to the foregoing, we may remove from our services any User Content that, in our opinion, would be inadequate.
11. Link to Other Websites
Links on the Website may lead you away from our networks and systems, including to the websites of our partners. TFWC declines all liability over the content, accurateness or the functioning of such third-party websites. Such links are provided in all good faith and TFWC may not be held liable for the contents of the third-party websites to which links are offered. The offering of links to other websites does not imply any approval on the part of TFWC. We recommend that you carefully read the legal terms and the privacy policy of all websites that you visit.
12. Processing of communication to TFWC - Security of emails
Any communication that is sent to TFWC by Internet shall not be considered as confidential. When you communicate with TFWC with emails, you must take into account the fact that emails on the Internet are not protected. Therefore, by sending important or confidential messages by email, in a non-encoded form, you accept the risks of such uncertainty and of the potential lack of confidentiality of the Internet.
13. Disclaimer of Warranties
The use of this Website shall be at your own risks.
This Website is offered to you on a ‘as is’ and ‘as available’ basis. Therefore, TFWC makes no warranty. In particular, we do not warrant that (i) the Website and the services provided by it meet your requirements; (ii) the Website and the Content are complete, correct, accurate, reliable, updated and that they do not infringe third party rights; (iii) access to the Website will not be interrupted or result in an error or that it is without virus; (iv) defects will be rectified; (v) the Website is secure; or (vi) any advice or opinion originating from this Website is accurate or reliable.
This Website may also contain information or documents regarding products or services that are not available to everyone. Despite the fact that TFWC strives to distribute its products and services as widely as possible, the reference to a product or service does not imply that it is or will be available to you.
Any information on this Website is subject to modification or deletion without notice.
14. Disclaimer of Liability
To the extent allowed by law, any liability of TFWC of its organs, of its delegates and of its agents that may result from your access or use of the Website is denied.
As a precondition to your use of the Website, you undertake to indemnify TFWC or any organ, delegate, agent thereof, for any damages (including court and lawyer fees), which may result from your access or use of the Website.
15. Forbidden Activities
We use our best efforts to provide you with a positive and interesting experience while using our Website. In such a perspective, we reserve the right, at our own discretion, without prior notice and without stating the reasons, to forbid (in particular by limiting/forbidding/suppressing the access of a user to our Website or by deleting all or part of his/her/its User Content) any act that might turn out to be, in our opinion, notably inappropriate, offensive, unrelated to the Website or contrary to the Terms of Use, the applicable law and/or the morality.
In particular, you shall not: (a) publish information of a third party, without his/her/its prior approval; (b) publish or transmit through our Website any unsolicited mailings or commercial proposals; (c) impersonate any person or entity (such as using another person's username, password, name, voice or photograph); (d) publish any content which might be, in our opinion, disturbing, defamatory, racist, obscene, violent, threatening, pornographic or otherwise unlawful, immoral, contrary to third-party rights and/or any content we may deem inappropriate; (e) publish any content that may be harmful to our security system or the one of third parties, such as computer virus, Trojans or any malicious computer software; (f) access our Website by any means other than through the interface that we provide; (g) use the Website in any other way that may be harmful, unlawful and/or contrary to morality.
We also retain the right to limit, suspend or cancel your access to the Website or to some functionalities or parts thereof without notice.
16. Severance
Should a provision of these Terms of Use or part thereof contradict Swiss imperative law, it shall be dissociated from the Terms of Use. The nullity of such provision or part thereof will not affect the validity of the remaining parts of the concerned provision or of the other provisions of the Terms of Use. Should a provision of these Terms of Use be ineffective, totally or in part, it shall be replaced by a provision that produces the closest economic and legal effects.
17. Miscellaneous
The present Terms of Use constitute the entire understanding between TFWC and you regarding the access and use of the Website and the Content.
The fact that TFWC tolerates any shortcomings to your obligations under the Terms of Use, or that TFWC does not enforce a right recognized to it by the Terms of Use or by law shall not be construed to be a waiver by TFWC to rely upon them in the future.
These Terms of Use are both in the French and English languages. In case of discrepancies, the French version shall prevail.
18. 13. Jurisdiction and Applicable Law
To the extent allowed by applicable law, these Terms of Use are subject to Swiss substantive law.
Subject to mandatory jurisdictions designated by applicable law, the place of jurisdiction shall be Geneva (subject to an appeal to the Swiss Supreme Court).
19. Your questions
For any questions regarding the Terms of Use, please contact info@fine-watch-club.com.
Terms of Use updated on 11/09/2019
All rights on these Terms of Use belong to their author. Any reproduction, without prior license, is strictly forbidden.