June 3, 2022 version
In case of contradiction with other language versions, only the French version is valid.
The purpose of these general terms and conditions of use (hereinafter "GTC") is to provide a legal framework for the terms and conditions of use of the Watch Certificate™ Platform made available by TRADEE within the framework of its agreements with Approved Professionals (Manufacturers, Watchmakers and Experts) (hereinafter, the "Agreement(s)"). The Approved Professionals are hereinafter referred to as "Users".
The User who accesses the Watch Certificate™ Platform acknowledges that he/she has read these TOS, and agrees to abide by its terms. The Watch Certificate™ Platform is accessible at any location, 7 days a week, 24 hours a day except in cases of force majeure, scheduled or unscheduled interruption and which may arise from a need for maintenance.
TRADEE grants User a license to use the Watch Certificate™ Platform under the Agreements. This license is revocable for the causes set forth herein or in the Agreements, non-transferable, free of charge, or onerous depending on the intended uses. The license to use the account granted by TRADEE extends to User's employees under the same terms and conditions as User. User agrees to use the Watch Certificate™ Platform in a strictly business capacity for the sole purpose of performing the Agreement. The User further undertakes to use the features of the Watch Certificate™ Platform and all content to which he may have access only for purposes that comply with the regulations in force, and in particular with public order, good morals and the rights of third parties. The User undertakes, when requested, to provide only complete, accurate and up-to-date information about himself. In order to use the Watch Certificate™ Platform, the User must have suitable equipment: up-to-date software, a recent browser, and a functional internet connection. Costs related to the use of the Watch Certificate™ Platform including fees, various subscriptions, taxes are the sole responsibility of the User.
As part of the Agreement between TRADEE and the User for the distribution of the Watch Certificate™ solution, TRADEE assigns a Professional Account to the User. The Professional Account is used to, among other things:
The User provides TRADEE with all the information necessary to create an account, including:
The information provided by the User must be accurate and truthful. In the event that the information provided is inaccurate and contrary to this Agreement, TRADEE reserves the right to refuse the opening of a User account. If applicable, the User shall provide TRADEE with the details of all of its employees to whom it intends to give access to the Watch Certificate™ Platform. TRADEE creates as many accounts as there are people who have access to the Platform. Account use is strictly individual.
The professional email address provided by the User is used as a login. When logging in for the first time, the User chooses a password to access his professional account. The password consists of a minimum of 12 characters, of the four types (lower case, capital letters, numbers, special characters). The password can be changed online by the User, on his professional account. In case of loss, the User can initiate a password renewal procedure online under the heading "Forgot password?". The connection identifiers are strictly personal and confidential and must not be communicated to anyone. Each User is responsible for the consequences of their use. It is therefore the User's responsibility to take all appropriate measures to ensure the security and confidentiality of his/her login and password. TRADEE shall not be liable for any damages resulting from fraudulent use of the account due to loss or disclosure of passwords by the User. Each User agrees to notify TRADEE of any fraudulent use of his/her login and/or password as soon as he/she becomes aware of such use. TRADEE reserves the right to suspend access to the account in the event of fraudulent use or attempted fraudulent use of the account. TRADEE will notify the User of any such suspension.
The account may be terminated at any time or upon expiration of the Agreement between the User and TRADEE. User shall notify TRADEE of its request to terminate the account at the following address: firstname.lastname@example.org TRADEE reserves the right to delete the account in case of use contrary to this Agreement, to the laws in force and more generally to public order and morality.
TRADEE is committed to providing a level of service consistent with customary practice. TRADEE reserves the right, at any time, to modify all or part of the Watch Certificate™ Platform without prior notice to Users. TRADEE shall not be liable to them for any modification of the Watch Certificate™ Platform. For the proper functioning of the Watch Certificate™ Platform, TRADEE reserves the right to:
TRADEE shall not be held responsible for the consequences of any unforeseeable temporary interruption or interruption due to technical requirements (in particular maintenance, updating, backup).
TRADEE will endeavor to provide the best possible quality of service based on the type of connection or terminal used for all Users. The Watch Certificate™ Platform is provided on an "as is" basis and accessible on an as available basis. TRADEE makes no warranties, express or implied, including, without limitation, warranties relating to the quality and compatibility of the Watch Certificate™ Platform for a specific purpose, and to the non-violation of the rules of use of the Watch Certificate™ Platform by its Users.
TRADEE makes its best efforts, in accordance with the rules of the art, to secure the Watch Certificate™ Platform with regard to the risks incurred, but cannot guarantee the User the absolute security of the said Platform or the Internet network in general. The User therefore undertakes to take appropriate measures to ensure the security of its own data and/or software with respect to, inter alia, the presence of any viruses, malicious code or any other harmful technologies or logical infections on the Watch Certificate™ Platform or the internet network generally. The User agrees not to commit any act that may compromise the computer security of the Watch Certificate™ Platform or the computer systems of other users or TRADEE. The User agrees not to use any devices or software of any kind, or perform any operations, that could result in disrupting, hindering, interfering with, distorting or interrupting the normal operation of the Watch Certificate™ Platform, or that would impose a disproportionate load on the associated infrastructure. The User shall also ensure that it does not introduce into the Watch Certificate™ Platform any viruses, malicious code or any other logical infection or technology that is harmful to the site or the features offered therein. The User accepts the characteristics and limitations of the Internet. He/she is aware that data circulating on the internet is not necessarily protected, particularly against possible misappropriation of said data.
User is solely responsible for its use of the Watch Certificate™ Platform and its functionality. In no event shall TRADEE be liable for any direct or indirect damages - including, but not limited to, loss of profits, goodwill or data - arising out of the use of or inability to use the Watch Certificate™ Platform and the features it provides access to. TRADEE shall not be liable for any breach by any User of the TOU and any consequences or damages of any kind that may result to any third party or other User. Similarly, TRADEE shall not be liable for the misappropriation of information entered on the Watch Certificate™ Platform, the presence of viruses, malicious code or any other harmful technologies or other logical infections on the Watch Certificate™ Platform or any consequences or damages resulting therefrom. In any event, TRADEE shall not be liable for any consequences or damages, of any kind, related to User's communication of inaccurate, incomplete or outdated information to TRADEE. These limitations shall apply, whether in tort or contract, even if TRADEE has been advised of the possibility of such damage.
The Watch Certificate™ Platform and all the elements that make it up (trademarks, photographs, texts, comments, illustrations, images, animated or not, video sequences, sounds) as well as any computer application used to operate it (hereinafter "the Contents") are protected by the laws relating to intellectual property. They are therefore the property of TRADEE and its partners. This Content is made available to the User for the sole use of the Watch Certificate™ Platform. TRADEE grants the User a private, non-exclusive and non-collective right to use the Content, for the sole duration of the contractual relationship, which may not exceed the duration of copyright in France. The User agrees not to proceed with any act of exploitation, in particular by representation, reproduction, use, extraction, adaptation, modification or transformation, transmission of all or part of the elements making up the Watch Certificate™ Platform without the prior authorization of TRADEE or its partners who own these elements. TRADEE reserves the right to take any legal action to safeguard its rights. Accordingly, the User expressly agrees to:
The Watch Certificate™ Platform may contain hypertext links or links to other sites, in particular social networks present on the Internet. By clicking on these links, the User is sent back to these other resources and thus leaves the Watch Certificate™ Platform. These links established towards other sites from the Watch Certificate™ Platform therefore do not engage the responsibility of TRADEE as to their content, the information contained therein, the products or services offered therein or the consequences of their use. The User is solely responsible for their use.
The User undertakes to take all precautions in accordance with custom and the state of the art in order to protect the confidentiality of the information to which he has access via the Watch Certificate™ Platform, and in particular to prevent it from being modified, damaged or communicated to persons not expressly authorized to receive such information. In particular, the User agrees to:
This commitment to confidentiality, in force for the entire duration of the Agreement, will remain in effect, without limitation of time, after the termination of the Agreement, for whatever reason, insofar as this commitment concerns the use and communication of personal data. The User is informed that any violation of the present commitment exposes him/her to actions and penal sanctions in accordance with the legal provisions in force.
TRADEE undertakes to process personal data on the Watch Certificate™ Platform in accordance with the General Data Protection Regulation (RGPD) and Law n°78-17 of 6 January 1978 relating to information technology, files and freedoms.
The User may enter and access personal data of third parties in the course of his/her business activity in accordance with the Agreement binding him/her to TRADEE. The personal data to which the User has access on the Watch Certificate™ Platform shall be used exclusively in the context of the execution of the Agreement and in strict compliance with the Personal Data Regulations. The User undertakes to apply all security measures to ensure the confidentiality and integrity of the data entered on the Watch Certificate™ Platform. The User agrees to inform TRADEE as soon as possible and at the latest within 48 H of any breach of confidentiality of data, in particular in case of unauthorized access by hacking or phishing.
The present GTU are subject to French law. In the event of failure to reach an amicable settlement of a dispute between the parties, any dispute concerning the interpretation or execution of these terms and conditions shall be referred to the Commercial Court of Paris.