PREAMBLE
WATCH YOUR TIME HOLDING LTD., (the “Company“), a limited liability company whose registered office is located at 2503 Bank America Tower 12, Harcourt Road, Central – Hongkong SAR, registered in Hong-Kong SAR under number 383948557, provides Internet users and visitors (hereinafter referred to together as the “Users” or “You”) with the following website (hereinafter the “Website“): https://watchyourtime.com/ (and its extensions);
The services offered on the Website are subject to constant change, and the Company reserves the discretionary right to add, delete or modify all or part of the areas of the Website that it publishes, without prior notice; these modifications may lead to a unilateral modification of the general conditions of use (the “General Conditions of Use” or “GCU“).
The GCU are made available to Users on the Website, where they can be consulted directly. They are automatically enforceable against Users simply by virtue of their use of the Website. By using the Website, Users confirm that they accept these GCU and that they will comply with them.
The Company is free to unilaterally modify the GCU at any time. Modifications to the GCU made by the Company are enforceable against Users from the time they are posted online, and govern relations between the Company and Users from the time they are posted on the Website.
DISCLAIMER: The Website may be out of date and the Company has no obligation to update it. The Company does not guarantee that the Website is free of errors or omissions. The content of the Website is provided for general information only and all Users should seek professional advice before taking, or refraining from, any action on the basis of the content of the Website.
ARTICLE 1. DESCRIPTION OF THE WEBSITE
The purpose of the Website is to enable Users to:
– Get to know the Company;
– Discover the products and services offered by the Company;
– Discover the brands for which the Company works or has worked;
– View and download contents provided by the Company;
– Know the social networks used by the Company;
– Contact the Company.
ARTICLE 2. USE AND ACCESS TO THE WEBSITE
2.1 Access to the Website
2.1.1 Access to the Website is free and unlimited.
2.1.2 The Company undertakes to provide secure access to and use of the Website.
2.1.3 The Website is accessible 24 hours a day, 7 days a week, except in the following cases:
It is expressly agreed that this list is not exhaustive and that other events, not attributable to the Company, may occur which prevent access to the Website.
2.1.5 The Company may not be held liable by Users for any interruption of all or part of the Website or for its inaccessibility, whatever the cause.
2.2 Use of the Website
2.2.1 Use of the Website is free and unlimited.
2.2.2 Use of the Website does not require Users to create an account.
2.2.3 Users shall be responsible for taking all the necessary arrangements to use the Website as well as for ensuring that all Users accessing the Website via their Internet connection are aware of these GCU and comply with them.
2.2.4 Users shall refrain from the following behaviors:
(i) uploading any content to the Website;
(ii) introducing knowingly any viruses, trojans horses, worms, logic bombs or other material which are malicious or technologically harmful to the Website.
Should the User fail to comply with the aforementioned prohibitions, he/she shall be liable to the Company and third parties (if applicable) for all resulting damages and shall be required to compensate them. In that event, the Company is authorized to disclose, to any third party or public authorities, the User’s identity.
2.2.5 To know more about the processing of personal data collected when using the Websites, the User is invited to click on the “Privacy Policy” tab.
ARTICLE 3. ALERT PROCEDURE AND REPORTING ABUSE
3.1 All Users are invited to inform the Website of any fraudulent use or use contrary to these GCU or, more generally, contrary to the law and regulations in force, of which they are aware, using the procedure described below in point 3.2 of these GCU.
3.2 Procedure:
3.3 Once the abuse has been reported, the Company will analyze the notification and decide, at its discretion, whether or not to remove the reported content.
ARTICLE 4. INTELLECTUAL PROPERTY
4.1 The names, images, logos or any other distinctive signs presented on the Website, identifying the trademark WATCH YOUR TIME brand as well as the Company’s products and services, are content protected under trademark law, design law and/or copyright law. Any reproduction or representation, total or partial, similar or identical to the Website or its component parts, such as, but not limited to, trademarks, logos, graphic design, layout, information, presentation and content, is strictly forbidden (except in the case of legal exceptions).
4.2 The general structure, editorial content, images, sounds, videos or multimedia, software and databases used and all other content presented on the Website are protected by copyright, neighboring rights and/or the rights of database producers and may not be reproduced, represented or used without the express prior consent of the Company.
4.3 The Websites’ source codes and executables are also protected by intellectual property rights. Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution or use of any of these elements, in whole or in part, without the Company’s authorization, is strictly prohibited and may result in legal proceedings.
4.4 Any use, representation, reproduction, distribution or redistribution of the information, in whole or in part, of the data and elements of the Website, by any process whatsoever and for any purpose whatsoever other than the simple private use of the Website by Users, is strictly forbidden, except with the prior written authorization of the Company and excluding legal exceptions. Where the User avails himself/herself of a personal use or a legal exception, the User shall refrain from modifying the data and elements of the Website, from using any illustrations, photographs, videos/audio sequences or any graphics separately from any accompanying text and shall indicate the source of the data and elements by mentioning the Website (if applicable).
4.5 Users expressly accept that the Company grants them, on a personal, non-exclusive and non-transferable basis, a temporary right to use the aforementioned elements for the sole purpose of consulting the Website.
4.6 Failure to comply with the obligations of the present article may result in civil and criminal liability on the part of the User.
ARTICLE 5. HYPERTEXT LINKS
5.1 The creation of hypertext links to any of the pages or elements comprising the Website is prohibited without the prior written authorization of the Company, which may be revoked at any time. Websites with hypertext links to the Website or any of their component parts are not under the control of the Company, which therefore declines all responsibility (in particular editorial responsibility) for the access and content of these websites.
5.2 If a User wishes to create a link to the Website, the said User must obtain the Company’s prior consent by writing to contact@watchyourtime.com. Failure by the Company to reply shall be deemed a refusal.
5.3 The Company also declines all responsibility for hypertext links contained on the Website and referring to other websites (in particular articles), in particular if their content changes between the time the hypertext link is placed online and its consultation by the User.
ARTICLE 6. APPLICABLE LAW
These GCU are governed by Hong-Kong.
ARTICLE 7. COMPETENT JURISDICTION
In the event of a dispute arising as to the interpretation and/or performance of these GCU, the User undertakes to contact the Company using the contact details specified in Article 8 in order to attempt to find an amicable solution to the dispute (the “Claim“). In the absence of an amicable solution within sixty (60) days of receipt of the Complaint by the Company, the User shall regain his freedom of legal action and shall be authorized to bring the Claim before the competent court in accordance with the national rules of civil procedure.
ARTICLE 8. COMPANY CONTACT DETAILS
8.1 For any Claim or question relating to these GCU, the User is invited to contact the Company, in writing, at the following address:
8.2 Complaints or questions from the User shall be formulated in English.
