Please read these terms and conditions (“Terms”) carefully before using the DigitalWatchAccessories.com website (“Website”) operated by DigitalWatchesAccessories.com (“Company”).
- Intellectual Property:
- Content and Materials: The content and materials on the Website are the property of the Company and are protected by intellectual property laws. Do not use, reproduce, distribute, modify, or create derivative works without prior written consent.
- Product Information and Pricing:
- Accuracy: While we strive to provide accurate product information, descriptions, and pricing, there may be occasional errors. Prices are subject to change without notice.
- Order Acceptance and Payment:
- Placing an Order: Your order is an offer to purchase, subject to our acceptance. We reserve the right to accept or decline orders.
- Shipping and Delivery:
- Fulfillment and Timing: We make reasonable efforts to fulfill and deliver orders promptly, but delivery times are estimates and may vary.
- Returns and Refunds:
- Eligibility and Process: Review our returns and refunds policy for eligibility criteria and instructions on initiating a return.
- Limitation of Liability:
- We are not liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of the Website or purchased products.
- Indemnification:
- You agree to indemnify and hold the Company and its affiliates harmless from any claims, liabilities, damages, and expenses.
- Governing Law and Jurisdiction:
- These Terms are governed by the laws of [Your Jurisdiction]. Any legal action shall be brought in the courts located within [Your Jurisdiction].
- Severability:
- If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in effect.
- Modifications:
- We reserve the right to modify or replace these Terms at any time. Changes are effective upon posting on the Website.
Background
(A) Digital Watch Accessories has skill, knowledge, and expertise in the collation, presentation, and analysis of consumer feedback, market research, and reputation management, particularly in relation to businesses with a strong online presence.
(B) The Client operates a business in which customer email addresses are held and linked to a sale or other business transaction. Digital Watch Accessories provides a plugin for the collection of reviews and operates a website on which feedback can be displayed through which customers interact with the Client.
1 Consumer Details
1.1 You will provide us with the Consumer Details for all relevant transactions within a period of one month of the transaction date.
1.2 You will ensure that the Consumer Details are accurate and error-free as far as is reasonably possible.
1.3 We will use the Consumer Details to send one email only asking for Feedback. We will not make further contact with any Consumer except:
1.3.1. with the previous written consent of you and/or the Consumer;
1.3.2. where details of that Consumer have been provided to us by a third party;
1.3.3. as required by law or by any court, tribunal, or administrative body of competent jurisdiction; and/or
1.3.4. to inform the Consumer of a response you have made to his/her comments; and/or
1.3.5. for the purpose of satisfying our obligations under these Terms and Conditions.
2 Rights
All company names, brands, and other company trademarks and the website belongs to either Digital Watch Accessories or third parties and can only be used for business purposes after a preceding permission from us or third parties respectively. Rights to our free use of contributions are nontransferable, without a time limit, and with no territorial limits towards us, upon sending the contribution to us. The website’s content cannot be copied and displayed anywhere else on the internet.
3 Indemnity
Customers shall indemnify Digital Watch Accessories against any loss or damage suffered or incurred by Digital Watch Accessories as a result of any third-party claim (including any claim or allegation by any governmental authority) that:
(a) the use of any content provided by Customer infringes the intellectual property rights of a third party and/or violates applicable law or the Guidelines;
(b) Digital Watch Accessories’ use of Consumer data in accordance with this Agreement is in breach of the Data Protection Requirements or any other applicable laws related to data privacy; or
(c) any email message sent or caused to be sent by Digital Watch Accessories on behalf of the customer violates any applicable law, rule, or regulation.
Customer shall not bring any claim against Digital Watch Accessories arising from or related to any User Content, including without limitation, any claim that the User Content is defamatory, offensive, or otherwise harmful. Customer shall indemnify Digital Watch Accessories against any loss or damage suffered or incurred by Digital Watch Accessories as a result of any such claim, whether such claim is brought by Customer, any of Customer’s affiliates, or any of its or their officers, directors, employees, contractors, agents, shareholders, or other associated third parties.
4 Limitation of Liability
4.1 Neither party excludes any Loss in respect of personal injury or death, fraudulent misrepresentation, or any other Loss that may not be lawfully excluded or limited under American law.
4.2 Neither party shall be liable for any loss of profits or revenues, loss of business opportunity, loss of goodwill or reputation, loss of data, or any indirect, consequential, or special Loss whatsoever.
5 Personal Information
Our processing of personal data is carried out according to the law of personal data. Users can contact us if they request information about what data are processed about them or if they wish to have the information deleted or rectified. Furthermore, registered users can at any time withdraw their consent, which can happen by contacting support@digitalwatchaccessories.com. Withdrawal of consent will be considered as a request to be deleted as a user altogether.
We have initiated a number of technical and organizational arrangements to ensure that personal information that is being processed does not delete, disappear, deteriorate, or get into the hands of unauthorized parties.
Client agrees to comply with its obligations under EU Data Protection Directives as a data controller and any other legislation and/or binding regulations implemented or made pursuant to them (“Data Protection Requirements”).
When enabling the Review Collection Services, the Client is – in accordance with the Data Protection Requirements – regarded as a Data Controller of the Consumers’ personal data, which is provided to Digital Watch Accessories. When the Client uses the Review Collection Services Digital Watch Accessories is regarded as the data processor. This entails that Digital Watch Accessories shall only act by instructions from the Client in regard to the provided personal data about the Consumers. It is the sole responsibility of the Client to provide such instructions to Digital Watch Accessories. Digital Watch Accessories shall make the necessary security measures to comply with the obligations of a data processor, including ensuring that the information is not (i) accidentally or unlawfully destroyed, (ii) lost, altered, or damaged, (iii) disclosed to or accessed by any unauthorized person, (iv) misused or (v) in other ways treated in violation of the Data Protection Requirements. On Client’s request, Digital Watch Accessories will, in line with and to the extent provided for in the Data Protection Requirements, supply Client with sufficient information for Client to assure that the above-mentioned technical and organizational security measures have been made. All data collected and processed about Consumers after a verified copy of a review is published on the Digital Watch Accessories website (www.digitalwatchaccessories.com) are processed by Digital Watch Accessories as a data controller.
Digital Watch Accessories is not responsible for and assumes no liability for the Consumers’ conduct on or use of the Digital Watch Accessories Service, including the content published by the Consumers (such content, as “User Content”). Digital Watch Accessories does not and cannot control or monitor the User Content and Digital Watch Accessories does not endorse any User Content, nor does the opinions expressed in the User Content represent the opinions of Digital Watch Accessories, its affiliates, or any of its or their officers, directors, employees, contractors or shareholders.
The Agreement shall not be regarded as an approval, endorsement, or recommendation of Client, Client’s products, or services by Digital Watch Accessories. The client may not market itself or in other ways give public declarations in conflict with the above.
Client’s use of the Digital Watch Accessories Service must at all times comply with all applicable laws, rules, and regulations. Client warrants to Digital Watch Accessories that its use of the Digital Watch Accessories Service will in no way cause Digital Watch Accessories to violate any applicable laws, rules, or regulations or to violate the privacy rights of any third party.
When writing a review your name and/or email address will still be visible to the company being reviewed via the client dashboard even if it is set to publish anonymously.
Personal information of customers who were invited to write a review but did not do it after three months from the date of the invitation will be automatically deleted from the Digital Watch Accessories database.