TERMS & CONDITIONS
THESE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
PLEASE NOTE THAT The Terms are subject to change by WESSE in its sole discretion at any time. When changes are made, WESSE will make a new copy of the Terms available at the Website. If we make any material changes, and you have provided us with your e-mail address, we will also send an e-mail to you at the last e-mail address you provided to us. Any changes to the Terms will be effective immediately for new users of the Website and will be effective for existing users upon the earlier of thirty (30) days after posting of notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes. WESSE may require you to provide consent to the updated Terms in a specified manner before further use of the Website is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website. Otherwise, your continued use of the Website constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
o Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit WESSE Properties or any portion of WESSE Properties; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other WESSE Properties (including images, text, page layout or form) of WESSE; (c) you shall not use any metatags or other “hidden text” using WESSE’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of WESSE Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access WESSE Properties in order to build a similar or competitive website, application or service; and (g) except as expressly stated herein, no part of WESSE Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update or other addition to WESSE Properties shall be subject to the Terms. WESSE, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of WESSE Properties terminates the licenses granted by WESSE pursuant to the Terms.
o Registering Your Account. In order to access certain features of WESSE Properties you will be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user who creates an account with WESSE (“Account”) by either registering directly with WESSE through the Website or logging into the Website with the user’s social networking service account (“Third-Party Account”). By logging in with your Third-Party Account, you represent that you are entitled to disclose your Third-Party Account login information to WESSE and/or grant WESSE access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating WESSE to pay any fees or making WESSE subject to any usage limitations imposed by such third-party service providers. By granting WESSE access to any Third-Party Accounts, you understand that WESSE may access, make available and store (if applicable) any information, photographs, and/or other materials accessible through WESSE Properties (“Content”) that you have provided to and stored in your Third-Party Account (“Third-Party Account Content”) so that it is available on and through WESSE Properties via your Account. Unless otherwise specified in the Terms, all Third-Party Account Content shall be considered to be Your Content for all purposes of the Terms. Subject to the privacy settings that you have set in your Third-Party Account, personally identifiable information that you post to your Third-Party Account may be available on and through your Account on WESSE Properties. Please note that if a Third-Party Account or associated service becomes unavailable or WESSE’s access to such Third-Party Account is terminated by the third-party service provider, then Account Content may no longer be available on and through WESSE Properties. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDER ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDER, AND WESSE DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDER IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNT. WESSE makes no effort to review any Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and WESSE is not responsible for any Third-Party Account Content.
o Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are at least thirteen (13) years old (or such other minimum age of requirement as may be applicable in your jurisdiction) and not a person barred from using WESSE Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify WESSE immediately of any unauthorized use of your password or any other breach of security and exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or WESSE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WESSE has the right to suspend or terminate your Account and refuse any and all current or future use of WESSE Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use WESSE Properties if you have been previously removed by WESSE, or if you have been previously banned from any of WESSE Properties.
o Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of WESSE.
o Order Acceptance Process. Each part of an order that you submit to WESSE constitutes an offer to purchase merchandise. If you have placed your order through the Website, then, after WESSE receives your order, you will receive an email from WESSE confirming receipt of your order (usually in minutes). If you do not receive an email from WESSE confirming receipt of an order that you placed, then please contact the WESSE Customer Service department at [http://wessewatches.com/contact-us] before you attempt to place another order for the same merchandise. Please note that WESSE's confirmation of receipt of your order does not equate to WESSE's acceptance of your order. WESSE is not deemed to have accepted any part of your order until the requested merchandise has been shipped and WESSE has sent a shipment confirmation email.
o Order Issues.
o Order Cancellation. If an item of merchandise is delayed out of the WESSE fulfillment center or becomes unavailable, or if there is an error on the Website pertaining to the order (e.g. an error pertaining to the price and/or description of merchandise), then WESSE may cancel the order. If this occurs, then WESSE will contact you so that you are aware of the situation.
o Restrictions on Resale. In order to protect WESSE's intellectual property rights, any suspected resale of merchandise for personal and/or business profit is strictly prohibited. WESSE will not accept any order that is deemed to possess characteristics of reselling. WESSE reserves the right to cancel any subsequent order from a customer who has been suspected of reselling.
o Payment. All prices are quoted in the denomination stated. To make a purchase, you must provide a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing WESSE with your credit card number and associated payment information, you hereby authorize WESSE to immediately charge your credit card for all fees and charges due and payable to WESSE hereunder or credit your credit card for any refunds owed and that no additional notice or consent is required. You agree to immediately notify WESSE of any change in your billing address or the credit card used for payment hereunder. WESSE reserves the right at any time to change its prices and billing methods, either immediately upon posting on the WESSE Properties or by e-mail delivery to you.
o Refunds. Payments made to WESSE are subject to refund in accordance with WESSE’s refund policy available at http://wessewatches.com/info/shipping-returns-1.
o Taxes. WESSE’s fees are net of any applicable Sales Tax. If any products or Services, or payments for any products or Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to WESSE, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and you will indemnify WESSE for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” will mean any sales or use tax, and any other tax measured by sales proceeds, that WESSE is permitted to pass to its customers that is) the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
o Discounts and Promo Codes. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Only Promo Codes sent to you through official WESSE communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use.
o Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: [Kaya Time, Bd. Regina Maria, Nr 1, Bloc P5B, Sc 1, Etaj 7, Ap 21, Sector 4, Bucuresti, Romania 040121].
o Types of Content. You acknowledge that all Content, including WESSE Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not WESSE, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through WESSE Properties (“Your Content”), and that you and other Users of WESSE Properties, and not WESSE, are similarly responsible for all Content they Make Available through WESSE Properties (“User Content”).
o No Obligation to Pre-Screen Content. You acknowledge that WESSE has no obligation to pre-screen Content (including, but not limited to, User Content), although WESSE reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that WESSE pre-screens, refuses or removes any Content, you acknowledge that WESSE will do so for WESSE’s benefit, not yours. Without limiting the foregoing, WESSE shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
o WESSE Properties. You agree that WESSE and its licensors and suppliers own all rights, title and interest in WESSE Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying WESSE Properties.
o Trademarks. WESSE’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with WESSE Properties are the trademarks of WESSE and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in WESSE Properties are the property of their respective owners.
o Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in WESSE Properties.
o Your Content. WESSE does not claim ownership of Your Content. However, when you as a user post or publish Your Content on or in WESSE Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
o License to Your Content. Subject to any applicable account settings that you select, you grant WESSE a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing WESSE Properties to you and to our other users. Please remember that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of WESSE Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not WESSE, are responsible for all of Your Content that you Make Available on or in WESSE Properties.
o User Responsibility. You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services; provided, however, that WESSE reserves the right, but has no obligation, to intercede in such disputes. You agree that WESSE will not be responsible for any liability incurred as the result of such interactions.
o Content Provided by Other Users. WESSE Properties may contain User Content provided by other users. WESSE is not responsible for and does not control User Content. WESSE has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk.
o Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use WESSE Properties, unless terminated earlier in accordance with the Terms.
o Termination. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Terms, if we are required to do so by law (e.g., where the provision of any of WESSE Properties is, or becomes, unlawful), or if we choose to discontinue WESSE Properties (in part or in whole), we have the right to, immediately and without notice, suspend or terminate any WESSE Properties provided to you. If we become aware of any possible violations by you of the Terms, we reserve the right to investigate such violations. In the event that we determine, in our sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated inappropriate conduct, we reserve the right to (i) warn you via e-mail (to any e-mail address you have provided to us) that you have violated the Terms; (ii) notify and/or send any content you have provided to us to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (iii) pursue any other action which we deem to be appropriate. If, as a result of the investigation, we believe that illegal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in WESSE Properties in our possession in connection with your use of WESSE Properties, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms; (iii) respond to your requests for customer service; or (iv) protect the rights, property or personal safety of WESSE, its users or the public, and to comply with the requests of all law enforcement or other government officials, as we in our sole discretion believe to be necessary or appropriate. We reserve the right, in our sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you. You agree that all terminations shall be made in our sole discretion and that we shall not be liable to you or any third-party for enforcing this provision. If you want to terminate the Services provided by WESSE, you may do so by (a) notifying WESSE at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to [Kaya Time, Bd. Regina Maria, Nr 1, Bloc P5B, Sc 1, Etaj 7, Ap 21, Sector 4, Bucuresti, Romania 040121] Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. WESSE will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
End of Terms