TERMS OF USE

Introduction

EveryWatch ("EveryWatch" or "We" or "Us" or "EW") is comprised of a website ("Website" or "Site") providing an online watches information platform is  aggregating  historical, current and upcoming watch information, as well as other services offered  by the Site. These services include content accessible by means of the Site, including related newsletters, publications, offerings, purchase and sale of watches, and any other features, such as AI based analyses and decision making tools for users, or content offered from time to time by EveryWatch in connection with the Website (collectively, the "EveryWatch Services" or "Services", and which may defined as “Premium Services” as defined herein).

By visiting the Site or using EveryWatch Services, you accept the Terms herein, the Privacy Policy and the Refund Policy, which are incorporated into these Terms by reference. If you are not agreeable to these Terms, you are asked not to use the Site or register for any EveryWatch Services. EveryWatch reserves the right to modify or amend these Terms from time to time without notice (to the extent permitted by applicable law). We will post the changes to update you of such, and your continued use of the Site or Services will be implicit as acceptance of those updated Terms.

This Terms of Use Agreement ("Terms") contains the legally binding terms for your use of the EveryWatch Services. By using the Services, you agree to be bound by this Terms, whether you are a "Member" (which means that you have accessed and registered to use EveryWatch) or not. The term "User" refers to any user, including Members, who browse or otherwise visit the Site. You are only authorized to use the EveryWatch Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and this Terms. Please read this Terms carefully and save it. If you do not agree with it, you should exit the Website immediately and discontinue use of the Services without further access to the Site. If you wish to become a Member, or make use of any EveryWatch Services, you must read this Terms and indicate your acceptance.

This Terms includes EveryWatch's policy for acceptable use of the EveryWatch Services and terms that apply to text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") posted on the EveryWatch Website, your rights, obligations and restrictions regarding your use of the EveryWatch Services, including the Refund Policy, any and all applicable copyright rules and regulations, and EveryWatch's Privacy Policy. In order to participate in certain EveryWatch Services, you may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the EveryWatch Services in which you choose to participate, any additional terms are hereby incorporated into this Terms.

EveryWatch may modify this Agreement from time to time and such modification shall be effective upon posting by EveryWatch to the EveryWatch Website. You agree to be bound to any changes to this Agreement when you use the EveryWatch Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are up to date regarding changes.

1.Eligibility. Use of and Membership in the EveryWatch Services is void where prohibited. By using the EveryWatch Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information for as long as you are registered as Member; (c) you are of legal age or older or otherwise have the ability to form a binding contract; and (d) your use of the EveryWatch Services does not violate any applicable law or regulation or any obligation you may have to a third party.

2.Term. This Agreement shall remain in full force and effect while you use the EveryWatch Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the website subject to the Terms hereof and the Refund Policy. EveryWatch may suspend or terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections ‎5-‎17.

3.Fees. Some of the sections of the Site and Services are provided free of charge, while others not. Should you decide to purchase a chargeable service or services from EveryWatch you will be asked to pay your fees in full and in advance, at rate as may be amended from time to time by EveryWatch as a condition for obtaining and retaining your membership and/or services privileges, or alternatively provide us with a valid registration coupon or other duly authorized privilege. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.

4.Password. If you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify EveryWatch immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5.Premium Services.

5.1.Fees, Payments: By subscribing for any of the following services: Premium Membership ("Premium Services"), you agree to pay the fees indicated, in exchange for the type of services offered. Applicable fees will be invoiced starting from the day your applicable Premium Service is rendered and in advance of using any of the services. EveryWatch reserves the right to change the payment terms and fees upon fifteen (15) days written notice. Notice can include posting such notice on the EveryWatch Website. Premium Services can be canceled by you with thirty (30) days written notice to EveryWatch and such cancellation will be subject to EveryWatch's Refund Policy which can be found here[1] .

5.2.By subscribing for the Premium services, you also agree to share the information as follows (if applicable): name, email address, location, pictures/photos of the watches and information about former transactions (price, date and seller) – if available.

5.3.Monthly Plan: Monthly Premium subscribers shall be entitled to the benefits of the Premium Membership yearly plan prorated by twelve (12) for the total number of months subscribed in the Monthly Premium Membership plan, as on the month a specific service is consumed Premium Services/Third Party services: Some of the Service offerings, besides the Premium Membership, may be offered through third party providers, and EveryWatch explicitly disclaims and limits liability for the Premium Services offered by Third Parties, as stated in Paragraphs ‎12 and ‎13 of these Terms.

5.4.EveryWatch does not endorse and is not responsible for the opinions of any Third Party offering services under any of the Services offered and/or the Premium Services. Further, you understand and agree that EveryWatch does not recommend, endorse, authenticate, or warrant any product, offer, service, opinion, suggestion, recommendation, proposal, or the like offered by any such third party.

6.Non-Commercial Use by Members.The Site and Services are for the personal use of Members only and may not be used in connection with any commercial endeavors. Illegal and/or unauthorized use of the EveryWatch Services, including collecting usernames and/or email addresses of Users, crawling for Content either manually or automatically by electronic or other means for the purpose of sending unsolicited email, or for any other reason, or unauthorized framing of or linking to the Website or use of its content is prohibited. Posting of commercial advertisements, links, and other forms of solicitation may be removed without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the EveryWatch Services.

7.Proprietary Rights in Content onEveryWatch; Trademarks.

8.1.The Site contains content ("EveryWatch Content"). EveryWatch Content is protected by copyright, trademark, patent, trade secret and other laws, and everywatch.com owns and retains all rights in the everywatch.com Content and the EveryWatch Services. Subject to the limitations set forth in Section ‎5 above, EveryWatch hereby grants you a limited, revocable, non-sublicensable license to display and print the EveryWatch Content (excluding any software code) solely for your personal use in connection with viewing the EveryWatch Website and using the EveryWatch Services.

8.2.The Site may also contain Content of Users and other EveryWatch affiliates, partners, and licensed content providers, including auction houses and other watch-related entities. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the EveryWatch Services. Content that is offered by those other than EveryWatch, is not necessarily owned and/or licensed by the Site.

8.3."EveryWatch", "everywatch.com" and other EveryWatch trademarks, service marks, logos, product and service names are trademarks of EveryWatch DMCC  (collectively, "Marks"). Without the prior written permission of DMCC, you agree not to display or use the Marks in any manner.

8.4.By posting any content on the Site, you agree to grant Us a non-exclusive, irrevocable, unlimited, world-wide, royalty free license to display, publish, use, reproduce, reformat, compile, archive, keep track, analyses, manage, hold information, distribute, and transmit such content in the Site and in any other form of media, whether now known or hereinafter devised.

The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the EveryWatch Services. EveryWatch reserves the right to investigate and take appropriate legal action against anyone who, in EveryWatch's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

a.criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

b.any automated use of the system.

c.interfering with, disrupting, or creating an undue burden on the EveryWatch Services or the networks or services connected to the EveryWatch Services;

d.attempting to or impersonating another User or person or in any way altering your identity;

e.using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;

f.selling or otherwise transferring your membership;

g.using any information obtained from the EveryWatch Services in order to harass, abuse, or harm another person;

h.Using the EveryWatch Services in a manner inconsistent with any and all applicable laws and regulations.

i.Posting Content that is, or may reasonably be considered to be, defamatory, hateful, racially or religiously biased or offensive (including the use of swear words), unlawfully threatening or unlawfully harassing to any individual, partnership or corporation.

9.Copyright Policy.  No User may post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your information has been copied and posted on the EveryWatch Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted information that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the EveryWatch Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. EveryWatch's Copyright Agent for notice of claims of copyright infringement can be reached atsupport@everywatch.com[2] 

10.Member Disputes.You are solely responsible for your interactions with other EveryWatch Users. EveryWatch reserves the right, but has no obligation, to monitor disputes between you and other Users.

11.Privacy. Use of the EveryWatch Services is also governed by our Privacy Policy, which is incorporated into this Terms by reference.

12.Disclaimers. EveryWatch is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the EveryWatch Services or Premium Services, or for reliance on such Content, whether caused by users of the EveryWatch Services or by any of the equipment or programming associated with or utilized in the EveryWatch Services or any Third Parties or caused in a different manner. Content posted on the EveryWatch Website is subject to change from time to time at EveryWatch's sole discretion. Content created and/or posted by Users, or EveryWatch partners, auction houses and marketplaces, on the Website may contain links to other websites or Content posted by third parties. EveryWatch is not responsible for the Content or Services, accuracy or opinions expressed on such websites or by such Third Parties, and such websites are in no way investigated, monitored or checked for accuracy or completeness by EveryWatch. Inclusion of any linked website on the EveryWatch Services does not imply approval or endorsement of the linked website by EveryWatch. Accessing these third-party sites is at your own risk. EveryWatch takes no responsibility for third party advertisements, which are posted on this Website or through the EveryWatch Services, nor does it take any responsibility for the goods or services provided by its advertisers, whether or not EveryWatch facilitated the initial contact between you and the service provider. EveryWatch is not responsible for the conduct, whether online or offline, of any User of the EveryWatch Services. EveryWatch assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or the Site, including without limitation any down-time. EveryWatch is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the EveryWatch Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the EveryWatch Services. Under no circumstances shall EveryWatch be responsible for any loss or damage, including personal injury or death, resulting from use of the EveryWatch Services, from omissions or inaccuracies in the EveryWatch Services, from any reliance on the information contained in the Services, from any content posted on or through the EveryWatch Services, or from the conduct of any Users of the EveryWatch Services, whether online or offline. The EveryWatch Services are provided "AS-IS" and as available and EveryWatch expressly disclaims any warranty of fitness for a particular purpose or non-infringement. EveryWatch cannot guarantee and does not promise any specific results from use of the EveryWatch Services or Premium Services. EveryWatch encourages you to consult with professional advisors, experts and investment professionals before making any buying or selling, or other investment decisions. The  past  performance  may  not  be  indicative  of  future  results.

13.Limitation on Liability. IN NO EVENT SHALL EveryWatch BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, OR FOR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, OR RELYING ON ANY INFORMATION CONTAINED IN THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE MAKING OF ANY SALE OR PURCHASE OR OTHER INVESTMENT DECISION, OR THE PROVISION OF ANY ADVICE IN RELIANCE ON, OR ON THE BASIS OF, ANY SERVICES, EVEN IF EveryWatch HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EveryWatch'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EveryWatch FOR THE EveryWatch SERVICES DURING THE TERM OF MEMBERSHIP.

14.Residents Locality. EveryWatch does not warrant or represent that any content or Services on the Site are appropriate for use in your current location. Those who choose to access the Site or Services from their current location do so at their own risk, and are responsible for compliance with local laws where applicable.

15.Force MajeureEveryWatch's delay, failure or inability to perform any obligation of this Agreement as a result of a Force Majeure event including, but not limited to, pandemics, governmental restrictions, power failures, natural disasters, wars, strikes, floods, significant failure of a part of the power grid; significant failure of the internet; computer attacks or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility, and damages or destruction of any network facilities or services, shall not be deemed a breach of this Agreement.

16.Disputes. If there is any dispute about or involving the EveryWatch Services, you agree that the dispute shall be governed by the laws of England and Wales without regard to conflict of law provisions and you agree that all claims relating to the EveryWatch Services be adjudicated exclusively in the applicable courts located in Abu-Dhabi, UAE, provided that the foregoing shall not prevent EveryWatch from seeking injunctive or equitable relief in any court of competent jurisdiction.

17.Indemnity. You agree to indemnify and hold EveryWatch, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due arising out of or relating to your use of the EveryWatch Services, your breach of this Agreement, any breach of your representations and warranties set forth above or if any Content that you post on the Website or through the EveryWatch Services or your use of the EveryWatch Services causes EveryWatch to be liable to or subject to a claim by another. Any User that is found liable for any content posted on the Site, or in relation to the Site or Services, will be subject to this clause.

18.Other. These Terms are accepted upon your use of the Website or any of the EveryWatch Services and is further affirmed by you becoming a Member, as applicable. These Terms constitute the entire agreement between you and EveryWatch regarding the use of the EveryWatch Services. The failure of EveryWatch to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and shall be replaced by an enforceable provision most nearly approximating the intent of the original provision and does not affect the validity and enforceability of any remaining provisions.


Terms and conditions of Watches Listed for Sale or Auction

Members / Users will have access to list of watches that are offered for sale or auction through the Website by third parties (the “Seller(s)”), and may be referred to the Seller in order to place an offer (or bid) for such watch or other watches offered by the Seller (the “Watches”).

These terms and conditions apply to Watches displayed for sale through the Platform or otherwise by EveryWatch. By accepting the referral to the Seller, you ("You" or the "Buyer") accept and agree to be bound by these terms of sale (the “Sales Terms”).

If you do not agree to these terms, you may not purchase watches on or through the Platform.EveryWatch reserves the right to modify or amend these Terms from time to time without notice.

1.What We Do and Product Descriptions.The Watches made available for sale through the Platform are not in the physical possession of EveryWatch and may be physically located anywhere in the world. You acknowledge that We customarily present watches for sale on behalf of third-party sellers, which may be unnamed. As a result, in offering certain watches on the Platform and accepting and fulfilling orders we are acting as the applicable Seller’s agent and we do not take or transfer title to the watches offered for sale on the Platform. We do not produce, endorse, or recommend any of the watches made available through the Platform. You acknowledge that the watches offered through the Platform may be vintage in nature or may have been previously owned, thus it might bare signs of wear.

2.We or the applicable Seller may offer a limited certificate of authenticity with respect to watches offered for sale through the Platform, unless otherwise specified at the time of purchase. EveryWatch makes no warranties or gives any representations about the watches status or condition and shall not be held responsible for the quality of the watches or for their condition. EveryWatch shall assume no responsibility for any errors or omissions that may occur in the description, pricing or other content related to the watch. In the event of such an error, EveryWatch reserves the right to ask the Seller to cancel the order placed by the Buyer by informing the Buyer in writing.

3.Orders. Placing an order for a watch will be possible solely through the Seller. Any approach to EveryWatch with an offer to purchase a watch shall not constitute by any mean an acceptance for such an offer.

4.Prices. All prices posted on the Platform are subject to change without notice. EveryWatch will advise the Buyer regarding the price of watches made available for sale through the Platform. The price of the watch listed does not include duties, taxes, insurance, shipping and handling, which will be charged as applicable at the time of finalizing the purchase and be presented by the Seller. The Buyer will be solely liable for any duties and taxes that might be applicable on the purchase and such charges shall be payable in addition to the price of the watch. Prices on the Website are shown in US Dollars unless otherwise indicated.

5.Purchase Transaction.In case your offer to purchase a Watch has been accepted by the Seller, you shall consummate the definitive terms for the purchase of the Watch. Any such purchase transaction will be between the Buyer and the seller, so EveryWatch shall not be a party to such transaction by any mean. Accordingly, in any case of issue or a problem with the purchase or the Watch, the Buyer shall address solely to the Seller, and will have no claim or demand to EveryWatch. By accepting the referral, you hereby confirm you are waiving any such claim or demand for damages caused as a result of the purchase transaction towards EveryWatch, unless caused directly by EveryWatch’s action.

6.Please refer to the terms of our Privacy Policy, and to the terms of use on the Website which together with these Terms of Sale govern your use of the Platform in connection with the sale of watches through the Platform. If there is a conflict between the Privacy Policy and the Terms of Use on the Website and these Terms of Sale, these Terms of Sales shall prevail.

7.Since the watches are sold on behalf of third-party sellers, additional terms specified by the applicable Seller may apply.

8.You agree to abide by all provisions prescribed in these terms and conditions. In particular, you warrant that all information that you submit will be true and accurate, and you agree to pay all costs, charges plus all applicable taxes for the purchases made by you through the Platform.

Please contact us at:support@everywatch.com with any questions regarding these terms.