TERMS OF USE
Please carefully read the following Terms of Use before using the https://www.swatch.com/en-ca/ Web site (the "Site"). By accessing this Site, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. When we make changes, we will post them here. Accordingly, you should check the date of the Terms of Use (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site.
This Web site is operated by [Swatch a division of The Swatch Group (Canada) Ltd.] ("Swatch"). Throughout the Site and these Terms of Use, the terms "we", "us" and "our" refer to Swatch. Swatch offers this Site, including all information, content, materials, tools, products and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, statements and notices stated here. Your continued use of this Site constitutes your agreement to these Terms of Use.
PRIVACY
We respect your privacy. Our Privacy Statement, located at Privacy and Cookies Policy, is incorporated into and forms a part of these Terms of Use and is part of our agreement with you. Please read our Privacy Statement carefully as it describes, among other things, how we collect, use, share, transmit, transfer and secure information obtained when you access and use our Site.
USE OF CONTENT ON THE SITE
All content on this Site (including, without limitation, data, text, design, graphics, photographs, logos, icons, images, audio and video clips, downloads, interfaces, code, software, and systems, as well as the selection and arrangement thereof), is the exclusive property of and owned by Swatch, its licensors or its content providers and is protected by Canadian, U.S. and international copyright, trademark and other applicable laws. You may access, copy, download and print the content contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the content you access, copy, download or print. Any other use of content on the Site, including but not limited to the copying, reproduction, modification, distribution, transmission, performance, broadcast, publication, uploading, posting, displaying, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Swatch or The Swatch Group (defined below), is expressly prohibited. Swatch, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Swatch’s sole discretion. Swatch neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with Swatch.
You or third parties acting on your behalf may not: (i) use contact information provided on the Site for unauthorized purposes, including marketing; (ii) use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept or harvest any system, data or personal information from the Site; (iii) interrupt or attempt to interrupt the operation of the Site in any way; (iv) frame this Site or use The Swatch Group’s proprietary marks, or any mark, word, term or slogan likely to be confused therewith, as meta tags or anything else, without our duly authorized prior written consent. These marks include, but are not limited to, BALMAIN, BLANCPAIN, BREQUET, CERTINA, ENDURA, FILK FLAK, GLASHUTTE, HAMILTON, JAQUET DROZ, LEON HATOT, LONGINES, MIDO, OMEGA, RADO, SWATCH and UNION GLASHUTTE; (v) use frames or utilize framing techniques or technology to enclose any content included on the Site; (vi) utilize any Site content in any meta tags or any other "hidden text" techniques or technologies; or(vii) attempt to gain unauthorized access to the Site or networks connected to the Site.
Swatch reserves the right, in its sole discretion, to refuse or cancel your registration, limit or terminate your access to or use of the Site at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination and are fully responsible for all of our costs for collection of any such charges or other liabilities. Termination of your access or use will not waive or affect any other right or relief to which Swatch or The Swatch Group may be entitled, at law or in equity. Swatch reserves all rights not expressly granted in and to the Site and its content.
TRADEMARKS AND COPYRIGHT
All Swatch trademarks, trade names, logo, slogan, service marks, service names, product names, and intellectual property, whether or not delineated in large print or with trademark symbols or in any other fashion, are trademarks and/or intellectual property of [The Swatch Group (Canada), LTD or its affiliates or each of its/their respective ultimate corporate parent (collectively, “The Swatch Group”). Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise expressly described herein. This Site and all of its content, including but not limited to data, text, design, graphics, photographs, logos, icons, images, audio and video clips, downloads, interfaces, code, software, and systems, as well as the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries. The use (except as permitted herein) or misuse of the trademarks, copyrights or any other intellectual property of The Swatch Group is expressly prohibited and may be in violation of copyright, trademark, slander or libel laws, privacy law and publicity and communications regulations and statutes. Please be advised that The Swatch Group actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
MERCHANDISE AVAILABILITY
Swatch prides itself in providing exclusive, quality merchandise. Availability of merchandise may vary at Swatch stores and on https://www.swatch.com/en-ca/. Items displayed on the Site may not be available at all times. Some featured items may be available only in limited quantities or only while supplies last. Once an item is no longer available or out of stock, we may attempt to remove the item promptly from display on https://www.swatch.com/en-ca/ or list it as “out of stock.” Display of an item on https://www.swatch.com/en-ca/ is not a guarantee that the item is currently available or in stock or that it will be available on our Site when you visit again. Adding products to your Cart or Wishlist does not guarantee availability at the time of your order. In the event that the product you request is not available at the time of your order, Swatch will have no obligation to fulfil your order and you will have no obligation to pay Swatch for the order.
If you are unable to locate a particular item that caught your attention on a previous visit to our Site or if you have any questions concerning the availability of a particular item, please contact our Customer Services group via email at connect@swatch.ca or calling 1-888-295-1639 via snail mail to: THE SWATCH GROUP (Canada.) LTD., DIVISION SWATCH 1105-555 Richmond Street West, Toronto, ON, M5V 3B1. We will make every commercially reasonable effort to fulfill your requests whenever possible.
MERCHANDISE DISPLAY
Swatch will make every reasonable effort to display its merchandise on https://www.swatch.com/en-ca/ as accurately as possible. Unfortunately, various factors, including the display and color capabilities of your computer monitor, may significantly affect what you actually see on your screen. Swatch is not responsible for the display of any color, texture or detail of its merchandise on your computer screen and cannot guarantee the accuracy thereof. However, if you are dissatisfied with any item you purchase from https://www.swatch.com/en-ca/, you can return it or exchange it with us. For more information regarding Swatch’s return and exchange policy and procedures, please visit the Customer Service page on our Site.
ORDERS, PROHIBITION ON RESELLING, AND PRICE
The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. The prices displayed on the Site are quoted in CAD dollars and are intended to be valid and effective only in Canada.
In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
INTERNATIONAL VISITORS
We truly value your interest in our Online Store. However, please note that https://www.swatch.com/en-ca/ can only ship to Canada at this time. We do, however, encourage our international visitors to stay tuned for updates on our shipping practices and other Site development.
YOUR ACCOUNT
To access certain portions of the Site, you may be asked to create a personal account on the Site (“Account”). When and if you use the Site, it shall be your sole responsibility to provide true, accurate, current and complete information about yourself and maintain the confidentiality of your e-mail address, password and any other account identifiers related to your Account, and for restricting access to your computer(s). You also agree to accept sole responsibility for any and all activity that occurs under your Account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your e-mail address, password and any other account identifiers related to your Account, notify Swatch immediately. Swatch may assume that any communications Swatch receives under your e-mail address, password and any other account identifiers related to your Account have been made by you unless Swatch receives notice otherwise.
USER SUBMISSIONS
Any comments, suggestions, ideas, materials and other submissions ("User Submissions") that you send, provide or convey to Swatch are provided on a non-confidential and non-proprietary basis. By submitting User Submissions, you are granting Swatch and The Swatch Group an irrevocable, royalty-free, perpetual, worldwide, and fully sub-licensable license to reproduce, publish, modify, adapt, translate, creative derivative works from, and otherwise use in whole or in part your User Submissions for any purpose in any media, whether now known or hereafter invented, for any purpose (including for commercial or promotional purposes). You grant Swatch and The Swatch Group the right to use your name and likeness in connection with any such use of User Submissions made by you, but we will not be obligated to identify or attribute you in connection with any such use. You also agree that we will be free to use any ideas, concepts, know-how or techniques contained in any User Submissions for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products which incorporate or otherwise rely upon that information, without notifying or providing any further compensation to you.
You represent that no User Submission made by you to Swatch violates any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further represent that no User Submissions made by you to Swatch will be or contain material that is unsolicited or unauthorized advertising, offensive, harmful, unlawful, threatening, libelous, defamatory, obscene, abusive, hateful, inflammatory, pornographic or profane material, any form of destructive software, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate the security of the Site, other Swatch websites or would otherwise violate applicable law. You agree that you will remain responsible for the content of any User Submissions you make and that you or any party acting through you will not seek to hold Swatch or The Swatch Group liable for the User Submissions of others.
We may review, remove, reject, or revise User Submissions at any time, without prior notice, and in our sole discretion. We may remove, reject, or revise content that we believe violates these Terms of Use, is otherwise objectionable, or for any other reason and in our sole discretion without prior notice.
LINKS TO OTHER WEBSITES
When you access a non-Swatch website, please realize that it is independent of Swatch. Linking to any off-site pages is at your own risk. Swatch makes no warranties or representations about any non-Swatch website and has no responsibility or liable to you for such websites or their content. In addition, certain third party sites may also provide links to Swatch websites. None of such links should be deemed to imply that Swatch endorses such third party websites or any content therein.
ACCURACY, COMPLETENESS AND TIMELINESS ON INFORMATION ON THIS SITE
Although we strive to update and keep accurate information on our Site, errors and/or omissions may occur. We are not responsible if information made available on this Site is not accurate, complete or current. The content on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the content on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time (including after you have submitted your order), but we have no obligation to update any information on the Site. You agree that it is your sole responsibility to monitor changes to the Site.
INDEMNITY
You agree to promptly defend, indemnify and hold Swatch and The Swatch Group, its directors, officers, employees, agents, licensors, service providers, subcontractors, suppliers and representatives (collectively, the “Indemnified Parties”) harmless from and against any and all claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys' and professionals’ fees and court costs as incurred, (collectively, starting with the word “losses”) “Claim”) in any way arising from, related to or in connection with your use of the Site, your violation of these Terms of Use or the posting or transmission of any User Submissions by you. You shall not, without the prior written consent of the Indemnified Parties, settle or compromise any Claim, or permit a default or consent to the entry of any judgment in respect thereof, unless such settlement, compromise, or consent includes, as an unconditional term thereof, the giving by the claimant to the Indemnified Parties an unconditional release from all liability in respect of such Claim. The Indemnified Parties reserve the right, at its/their own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Indemnified Parties in the defense of such matter.
DISCLAIMER
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SWATCH AND THE SWATCH GROUP EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT CONTENT AND MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY CONTENT OR MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT AND MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SWATCH OR THE SWATCH GROUP OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. SWATCH AND THE SWATCH GROUP DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT AND MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU ACKNOWLEDGE AND AGREE THAT: (i) YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE (ii) ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES; (iii) YOUR USE OF THE SITE IS AT YOUR OWN RISK; AND (iv) THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK OR CONDUIT FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, SWATCH’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE INDEMNIFIED PARTIES IS TO DISCONTINUE YOUR USE OF THE SITE. WHERE PERMITTED BY LAW, YOU AND SWATCH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
JURISDICTION AND APPLICABLE LAW
This section applies unless the laws of your jurisdiction apply (such as in Quebec).
These Terms of Use shall be governed, construed and enforced according to the laws of the Province of Ontario and of the laws of Canada applicable therein without giving effect to: (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna on April 11, 1980. You expressly agree that any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario. You also agree to comply, at your expense, with all applicable local, state, federal and international laws and regulations, including, but not limited to, any export restrictions that relate to your use or activities on this Site.
If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
CHANGES TO THESE TERMS OF USE
Where permitted by applicable law (which may not include Quebec), we reserve the right, in our sole discretion, to change, modify or otherwise alter these Terms of Use at any time by posting revised terms on the Site. Please review the terms of use periodically because it is your sole responsibility to check for any changes we may make to these Terms of Use. Your continued use of this Site following the posting of changes to these Terms of Use or other policies or statements will constitute your acceptance.
ENTIRE AGREEMENT AND ADMISSIBILITY
These Terms of Use, the Terms and Conditions of Sale, and any policies, statements, notices or operating rules (individually and collectively, starting with the term “Terms of Use”, the “Entire Agreement”) posted on this Site constitute the entire agreement and understanding between you and Swatch with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of the Entire Agreement shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
MISCELLANEOUS
The waiver of any provision of the Entire Agreement shall not be considered a waiver of any other provision or of Swatch's or The Swatch Group’s right to require strict observance of each of the terms herein or therein. If any provision of the Entire Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. The Entire Agreement does not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Parties, there are no third party beneficiaries of these terms of use. The Entire Agreement is personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Swatch. Any attempt by you to assign, transfer or delegate the Entire Agreement without the express written permission of Swatch will be null and void. Swatch and The Swatch Group have the right to transfer, assign and delegate the Entire Agreement to one or more third parties without your permission.
ACKNOWLEDGEMENT
You acknowledge that the Entire Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and/or receipt of data, content, materials and information available at or through the Site.
Last updated April 1, 2016
