TERMS AND CONDITIONS
www.allwatchmarket.com ("Website") is a website developed by SG WATCH MARKET PTE LTD (UEN: 202120575E) (“Company”, “Allwatchmarket”, ”we”, “our” or “us”). These terms and conditions of use (“Terms”) govern the relationship with the Company’s users including without limitation, users who are sellers, buyers and merchants (“users”, “you”, “they” or “their”) for the use of the Website.
By using or accessing the Website in any manner, including but not limited to visiting or browsing, you have agreed to accept without modification of the Terms contained herein and be bound by these Terms, as updated from time to time which shall be deemed to be a contract between the users and Allwatchmarket.
If you do not agree to these Terms of Use, please exit and do not access this Website.
- INTRODUCTION
- Allwatchmarket provides a platform for buyers and sellers of watches. Allwatchmarket connects users through the Website but does not nor is it intended to sell, distribute or provide Products or any act that can be construed as such. The Website allow users to create listings and share content, such as photos, videos, comments, data, text, links and other information (“Content”).
- REGISTRATION
- Users must create an account (“Account”) with Allwatchmarket. The users are responsible for maintaining the confidentiality of their account and password and for restricting access to their computer, and users agree to accept responsibility for all activities that occur under their account or password.
- When you register to create an Account with us, you agree to provide accurate information about yourself including, but not limited to your name, mobile number, date of birth, email address (“Personal Information”) and must not register under a false name or age or email address.
- In connection with the foregoing, users are deemed to warrant and represent to Allwatchmarket that such Personal Information is accurate and up to date.
- By registering an Account with Allwatchmarket, users also agree to the following:
- you will not provide any false personal information on the Website, or create an Account for anyone other than themselves without permission;
- you will not create more than one Account;
- if Allwatchmarket disables your Account, you will not create another one without our permission;
- in the case of individuals, you will not use the Website if you are under 18;
- If you are representing a company, organisation or any other legal entity, you have the authority to bind the Entity to these Terms.
- you will keep your Personal Information accurate and up-to-date;
- you will not transfer your Account to any other parties without first getting the prior written consent of Allwatchmarket; and
- if you select a Username or similar identifier for their Account, Allwatchmarket reserves the right to remove or reclaim it if we believe it is appropriate.
- Access to and use of password protected and/or secure areas of the Website and/or use of the Website are restricted to users with Account only. You may not obtain or attempt to obtain unauthorised access to such parts of the Website and/or Services through any means not intentionally made available by us for your specific use.
- A breach of this provision may be an offence under the Computer Misuse Act (Chapter 50A) of Singapore.
- By registering an Account, users authorise Allwatchmarket to collect, store, retain, process and use Personal Information provided to Allwatchmarket in accordance with the Allwatchmarket’s Privacy Policy.
- Users’ failure to provide, maintain accurate, complete and up-to-date Personal Information to enable Allwatchmarket to properly perform the Website may result in users being unable to access and use the Website and/or Services.
- In any event, Allwatchmarket reserves the right, in its sole discretion, to approve or refuse registration of an Account.
- UNDERTAKINGS
- By using the Website, you are deemed to warrant, represent and undertake to us as follows:-
- You will not knowingly with intent to deceive Allwatchmarket post information that are false or misleading.
- You will not access the Website using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;
- You will not upload viruses or other malicious code onto the Website;
- You will not solicit login information or access an Account belonging to someone else;
- You will not use the Website to do anything unlawful, misleading, malicious, or discriminatory;
- You will not upload any Content that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right;
- You will not use Website for any purpose for which it is not designed or intended;
- You will not use Website to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable;
- You will not commit any act to avoid paying any applicable fees and/or charges;
- You will not do anything that could disable, overburden, or impair the proper working or appearance of the Website such as a denial of service attack or interference with functionality; and
- You will not facilitate or encourage any violation of these Terms.
Allwatchmarket reserves the right terminate or suspend your account if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions.
- USE OF WEBSITE
Availability of Website and Services
- Allwatchmarket may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Website and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Website.
Subscription Services
- You may be charged a subscription fee for the access and use of additional features and services as may be notified to you from time to time. Allwatchmarket reserves the right to impose,
- increase or decrease the subscription fee from time to time by giving you at least one (1) months’ notice. The new subscription fee shall apply when the current subscription expires.
- If Subscription Fees are payable, the Subscription Fees are due upon one (1) month’s notice and monthly thereafter (the “Renewal Date”), full payment will be taken by the Company monthly in advance by direct debit or payment by a credit or debit card which you have authorised us to deduct such payment from (“Payment Card”) in accordance with the relevant invoice.
- Where you have provided us with details of a Payment Card or have authorised a direct debit mandate, you hereby expressly authorise Allwatchmarket to deduct and collect renewal Subscription Fees up to 28 days prior to or on their Renewal Date.
- If you do not wish to renew your subscription, you must notify us at least 30 days prior to their Renewal Date.
- If you do not notify us in accordance with Clause 4.5, the Company reserves the right to recharge the then current Subscription Fee in order to renew the Subscription.
- The Company reserves the right to refuse to provide the Services should any payment due under this Agreement not be received.
- All subscription fees and/or other fees and charges (“Fees”) paid by you to us with respect to your subscription or otherwise for your access to and use of the Website, are non-refundable. For the avoidance of doubt, there will be no refunds of any Fees in the event that: (i) your account (“Account”) is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with Allwatchmarket’s Terms.
- You acknowledge and agree to make prompt payment of all Fees, in full before the due date stipulated by Allwatchmarket for such payment (where applicable) and in accordance with our payment instructions. In the event of late payment or non-payment of amounts due to Allwatchmarket, without prejudice to any other rights or remedies available to us, Allwatchmarket shall be entitled to:
- terminate and/or suspend your Account, your subscriptions and/or your access to the Website; and/or
- charge you a late payment fee on the overdue amount at the rate of 1.5% per month, or, if lower, the maximum rate allowed by applicable law.
You shall pay such fees together with the overdue Fees and any legal fees and collection costs incurred by Allwatchmarket in collecting any past due amounts. This fee will be applied on the day after the payment due date and will be applied each month until the overdue amount is paid.
- In the event your Account is suspended or terminated for any reason, all amounts due on your Account will immediately become due and payable. Allwatchmarket reserves the right to immediately charge any amounts you have not previously disputed to the billing method that you are using and shall be entitled to terminate your Account, without prejudice to any other rights or remedies available to us.
- Any such purchases shall be in accordance with Allwatchmarket’s prevailing subscription rules and fees which are as set out from time to time, and forms a part of these Terms.
As a Platform
- The Website is a platform for users to interact with each other, and to buy and sell watches. Allwatchmarket does not pre-screen a user or the Content provided by users, nor is Allwatchmarket directly involved in transactions between users. Allwatchmarket does not edit or control Content on the Website and will not be in any way responsible or liable for any Content or Transaction. Allwatchmarket nevertheless reserves the right for any reason in its sole discretion to remove without notice any Content.
- As a provider of the platform to bring Users together, Allwatchmarket is not liable for any statements, representations relating to Posts provided by its Users on the Website. Allwatchmarket accepts no responsibility for Posts contained within the Website. If you agree to purchase Products from any Users, you do so at your own risk. The Seller and not the Company is responsible for such Products and if you have any queries or complaints in relation to them, your only recourse is against the Seller.
- Consequently, Allwatchmarket has no control over, and you agree that Allwatchmarket is not responsible or liable for, any of the following:
- The quality, safety or legality of any aspect of the items listed;
- The truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items;
- The true identity, age or nationality of the user; or
- Any Content posted by users.
- You are encouraged to use the features and functions available on the Website to communicate with other users and/or to find out more about the listing which a user has put up for sale. However, please exercise common sense and good judgment in your interactions with other users. While Allwatchmarket endeavours to keep the Website safe for everyone, your use of the Website is and your interactions with other users is entirely at your own risk.
Buyer and Seller
- Without prejudice to the rest of these Terms, you warrant, in respect of each item which you offer for sale on the Website, that:
- You are the owner of the item, and the item is not stolen.
- The item is not counterfeit and does not infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.
- The sale of the item complies with all laws and regulations which apply to that item.
- The item is not dangerous, hazardous or subject to a recall by a government or manufacturer.
- The Content in any listing does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party.
- In communicating with a user through the Website for the offering of or acceptance of purchase or sale of an item (each, a “Transaction”), you may obtain personal information of that user, such as their email address, phone number and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.
- Notwithstanding the foregoing, as Allwatchmarket is not involved in Transactions which are considered solely between users, Allwatchmarket cannot ensure that a user (whether as a buyer or seller) would follow through and complete a Transaction.
Dispute with Users
- Any dispute with a user of our Website, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to Allwatchmarket, Allwatchmarket may attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You here by acknowledge release Allwatchmarket from any claims, demands and damage arising out of your disputes with users of our Website.
Suspension and Termination
- Allwatchmarket reserves the right to, at its sole discretion, and without liability:
- Suspend or terminate your Account and/or your access to the Website at any time, for any breach of the Terms, our guidelines, any additional terms and conditions and policies.
- Suspend or terminate your Account and/or your access to the Website at any time, for any reason, and without advance notice.
- Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Website at any time, for any reason, and without advance notice.
- Suspend or terminate your Account and/or your access to the Website at any time, in the event of any act, threats of, verbal and/or written abuse against any users, Allwatchmarket’s employees, representatives and/or officer.
- You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose all information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Website.
- Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
- PERSONAL DATA
- Allwatchmarket may collect the Personal Information or Merchant Information (as the case may be) which users provide when users use our Website, including when users sign up for an Account, sell or purchase Products and message or communicate with any users (as the case may be.
- Users are deemed to have agreed that Allwatchmarket may collect, use and disclose Personal Information for the purposes of processing your application for registration with Allwatchmarket, the administration of your Account.
- Allwatchmarket may also collect information about how Users use the Website, such as the types of content viewed, the likes and comments, or engage with or the frequency and duration of their activities.
- Allwatchmarket may collect information from or about the computers, phones, or other devices where you install or access Website, depending on the permissions you have granted. Allwatchmarket may associate the information Allwatchmarket collect from your different devices, which help us provide consistent Services across your devices.
- Intellectual property
- The Website is the property of Allwatchmarket and/or its licensors and are protected by copyright and/or other intellectual property rights. All Content posted on the Website are the intellectual property of Allwatchmarket.
- Except as expressly authorised by Allwatchmarket, users agree to not modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Website in whole or in part.
- The word “Allwatchmarket” and associated logo are the Trademarks of Allwatchmarket, and users agree not to display or use in any manner such names and/or marks without Allwatchmarket’s prior written authorisation.
- Users acknowledge that they have no right to have access to any aspect of the Website in source-code form, and 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 Allwatchmarket. Any uses of the Website not expressly permitted herein are prohibited, and any rights thereof not expressly granted herein are reserved by Allwatchmarket.
- By using the Website, users will not acquire any right, title or interest in or to the Intellectual Property except for the limited right to use the Website granted to users pursuant to these Terms. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Allwatchmarket’s trade or service marks displayed on the Website without the Allwatchmarket’s prior written permission in each instance. All goodwill generated from the use of the Website will inure to Allwatchmarket’s exclusive benefit.
- Other company, product, and service names and logos used and displayed via the Website may be Trademarks of their respective owners who may or may not be endorsed by, or affiliated with, or connected to Allwatchmarket.
- LIMITATION OF LIABILITY
- The use of the Website is at the user’s own risk. The information and materials contained in or accessed through the Website are provided on an “as is” and “as available” basis and are of a general nature which have not been verified, considered or assessed by Allwatchmarket.
- The Company not liable for any statements, representations relating to Content provided by the Users in the Website.
- Without prejudice to the generality of the foregoing, we do not warrant:
- the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Website;
- that the Website will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
- that the Website are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros;
- compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device.
- any implied, express or statutory (including but not limited to, warranties of title, merchantability, satisfactory quality, non-infringement of third-party intellectual property rights, fitness for a particular purpose and freedom from computer virus and other malicious code), is given in conjunction with the watches, their associated information and materials, or these Website in general; and
- the security of any information transmitted by you or to you through the Website, and you accept the risk that any information transmitted or received through the Website may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
You acknowledge and agree that Allwatchmarket and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with the above problems.
- Allwatchmarket expressly disclaims:-
- all liability whatsoever to the extent permitted by law whether arising in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the Website and Products, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss in relation to the use of the Website;
- all liability or responsibility in relation to the Content made available through the Website, including but not limited to the Content uploaded by Users or the third party content and Website; and
- all implied warranties, terms and conditions relating to the Website (whether implied by statute or common law) including without limitation any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, non-infringement and information accuracy.
- In addition, the Website may promote, advertise or sponsor functions, events, offers, competition or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your digression and risk. Allwatchmarket does not accept any responsibility in connection with your participation in activities conducted by any other party.
- General
Amendments to Terms
- Allwatchmarket reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the Website to this page.
- You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the Website.
- No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of
Indemnity
- By using the Website, each users is deemed to have agreed to indemnify Allwatchmarket, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns in full and on demand from and against any damages, losses, liabilities, claims, actions, proceedings, costs (including legal costs on a full indemnity basis as well after as before judgment) and expenses which Allwatchmarket may suffer or incur relating to, in connection with, arising from such users’ use of the Website.
Disclosure
- Allwatchmarket reserves the right to disclose any personal information about you or your use of the Website, including its contents, without your prior permission if Allwatchmarket has a good faith belief that such action is necessary to: a) conform to legal requirements or comply with legal process; b) protect and defend the rights or property of Allwatchmarket or its affiliated companies; c) enforce the terms or use; or d) act to protect the interests of its members or others.
Enforcement
- If any part of this Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Entire Agreement
- Unless otherwise specified herein, these Terms constitute the entire agreement between the users and Allwatchmarket with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Allwatchmarket with respect to the Website.
No Waiver
- Any failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Allwatchmarket in writing.
Governing law
- These Terms shall be governed by and construed in accordance with Singapore law and you agree to submit to the exclusive jurisdiction of the Singapore Courts.