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Sellers Terms and Conditions
Buyers Terms and Conditions
Terms of Use
Effective: 08/11/2023
Last update: 15/03/2024
These Terms of Use are applicable to both Time District Website and Time District Mobile Application
1. Acceptance of the Terms of Use
These Website/App Terms of Use (the “Terms of Use”) are a legally binding contract entered into by and between you (the “User”) and Time District (“Time District” or “we” or “us”). Time District is a limited company incorporated in Switzerland with a registered address at Rue du Rhône 61, CH-1204 Geneva, Switzerland. Time District SA is registered in Geneva, Switzerland under no. CHE-386.421.845.
These Terms of Use, which include any documents they expressly incorporate by reference, govern your access to and use of our Website located at www.Time District.com and/or our mobile application (the "Platform"), including any content, functionality, and services (collectively, the “Services”) that we may offer on or through our Platform, whether or not you have registered for an account. The Services that we offer include Services that enable Users to buy and sell horology products (the “Products”). The Buyer Terms and Conditions apply to Users who use our Services to Buy Products. The Seller Terms and Conditions apply to Users who use our Services to Sell Products.
Please read these Terms of Use carefully before you start to use the Platform, as they contain important information regarding your legal rights and obligations, as well as conditions, limitations, and exclusions that might apply to you.
THESE TERMS OF USE REQUIRE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION, OR CLASS ARBITRATION.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO ENTER INTO ANY TRANSACTION ON THE PLATFORM. THIS PLATFORM IS NOT DIRECTED TO, AND SHOULD NOT BE ACCESSED BY, CHILDREN UNDER 13 YEARS OF AGE.
By using or accessing our Platform and Services, you accept and agree to be bound and abide by these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Platform or Services.
2. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
3. Creating an account
To access the Services on our Platform, Users are required to create an account, either by providing an active phone number, an e-mail address, and a password, or by using the ID verification feature. It is a condition of your use of the Platform that all information you provide to create an account is accurate and up to date. Users must be 18 years of age or older and must have full legal capacity to enter a sale.
Once registered, Users can access and use their accounts using the login information provided at the time of registration. You are responsible for, and must treat your login information as, confidential, and you must never disclose your login information to any third party or let any third party use it. You agree to exit from your account at the end of each session, and you agree to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You are solely responsible for your account, which is personal to you, and you agree not to provide any other person with access to the Platform or portions of it using your login information. You agree not to create any duplicate accounts or use any account other than the account you created at initial registration, whether under your own name or someone else’s name. If you have the option to choose a username, you agree not to choose a username that infringes on someone else’s intellectual property rights, or that identifies an ecommerce Platform other than our Platform. Time District has the right to disable any username, password, or other identifier, whether chosen by you or provided by us, or to close your account, at any time in our sole discretion or for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
You agree to notify Time District, by sending an email to the support team available at support@timedistrict.com, of any unauthorized or fraudulent access to or use of your login information, or any other breach of security, by a third party, as soon as you become aware of it. You agree to compensate Time District for any damage, loss, or costs incurred by Time District as a result of any other person accessing information in your account, if you authorized, or were aware of, such access.
You acknowledge that by using the secure onboarding and ID Verification feature to register on the Platform, you shall be asked to permit Twilio and/or Sumsub to access certain information, including your first and last name, mobile phone number, your date of birth, your profile picture, and all other personal information permitting your identity to be verified. All your personal data shall and will not be stored, sell or exchanged by neither Time District and/or Twilio and/or Sumsub. For more information, please see our Privacy Policy.
Users can now be found and search for other members of the Time District community thanks to the "find by user" tool. Users can find other Users thanks to the username. It is not possible to find a User thanks to his/her personal data such as last name, email address or personal home/business address. The username can be publicly found only by the members of Time District. The User is free to create his/her username (create it for Users to better find you!) The username cannot be changed and must remain as created initially over time. The username is unique, hence no User can have the same username. Upon request, User may ask for authorisation to change his/her username by sending an email to the support team available at support@timedistrict.com.
You may use the Platform and our Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform or Services in any way that violates any applicable federal, state, local, or international law or regulation.
4. Referral Program
Any User may refer a third party, subject to the Referral Rules, to benefit from the Services offered on the Platform and to register on the Platform. For the purposes of the Referral program of Time District (the “Referral Program”), any third party who accesses or registers on the Platform as a result of being referred by a current User shall himself or herself become a User, and also shall be deemed a “Referred Person.” The User who referred the Referred Person to the Platform and Services shall be deemed a “Referrer.” Both the Referred Person and the Referrer shall be granted certain rights in accordance with the Referral Rules.
5. WARRANTIES, LIMITATION OF LIABILITY, and INDEMNIFICATION
OUR PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). TIME DISTRICT EXPRESSLY DISCLAIMS ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
TIME DISTRICT DOES NOT GUARANTEE THAT (I) THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; (IV) THE RESULTS OF USING THE PLATFORM AND SERVICES WILL MEET YOUR EXPECTATIONS; OR (V) THAT THE USER CONTENT IS ACCURATE OR RELIABLE. YOU USE THE PLATFORM AND SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Time District hereby disclaims liability for any damage or loss arising from any activity performed by the User on the Platform, such as, but not limited to, any losses of data, any loss of a sale or purchase opportunity, any loss of earnings, of turnover, of business activity, of opportunities or of clients, any damage to the User’s reputation or interruptions of their activity, and any indirect loss or damage incurred by the User, or any impediment or delay in the performance of its obligations, caused by any act or omission on the part of a User (or of any person acting for and on the User’s behalf) or arising from force majeure.
Time District makes no representations concerning any User Content (as defined below) posted through the Services. We do not endorse, and we are not responsible for the accuracy, reliability, copyright compliance, legality, or decency of such User Content posted by Users through the Services. You release Time District from all liability relating to such User Content. You can use the Services to interact with other Users. You understand that we do not screen the Users of our Services, and you release us from all liability relating to your interactions with other Users.
Our Services may contain links to third party Platforms or services that we do not own or control (“Linked Sites”). Time District shall not be liable for any content that is hosted on Linked Sites; such content shall be the responsibility of the Linked Sites themselves. Linked Sites may require you to accept their own terms of use and other conditions. Time District is not a party to those agreements; they are solely between you and the Linked Site. It is up to the Users who hold intellectual property rights over any content hosted on a third-party website and/or application and who did not authorize the use of their content, to contact the administrator of the relevant Linked Site directly and request that the content at issue be deleted.
Time District does not provide any warranty against losses or damage that may be caused by the transmission of a computer virus, a worm, a time bomb, a Trojan horse, a cancelbot, malware or any other program designed to damage, destroy or degrade in any other way the functionality of, or impede the proper operation of, a computer or mobile device, including any transmission arising from the downloading of any content by a User, any software applications used by a User to download the content of the Platform, or of the server that can be used to access same. Users acknowledge that it is their responsibility to install antivirus software and appropriate security applications on their computer equipment and on any other system in order to protect them against any bug, virus or other such malicious program.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER TIME DISTRICT, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR DIRECTORS SHALL BE LIABLE TO YOU FOR (I) ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE PLATFORM, (II) YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED THROUGH THE PLATFORM, (III) LOST PROFITS OR REVENUES, OR (IV) ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, SERVICES, OR THESE TERMS OF USE (EVEN IF TIME DISTRICT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Time District and its subsidiaries and affiliates, and its and their officers, employees, agents, partners, or directors, from and against all claims, demands, liabilities, losses, costs, and other damages of any kind, (including reasonable attorneys’ fees) arising from or in connection with your actions, your use (or misuse) of our Platform or Services, your breach of these Terms of Use, your breach of the Buyer Terms and Conditions and/or the Seller Terms and Conditions (as applicable), or your violation of any applicable law or of the rights of a third party (including infringement of intellectual property rights). We reserve the right to control the legal defense of any claim to which this indemnity may apply, and in that event, you agree to cooperate with us.
6. User Content
6.1. Creation of User Content
Users may create product pages containing information, descriptions, and photographs of the Products they wish to offer for sale and/or share with the Time District community (“Product Pages”) as well as a personal profile (“Profile”), and can also post comments about the Products that are put online by other Users (such comments, the “User Comments” and, collectively with the Product Pages and Profile content, the “User Content”).
By creating and posting User Content to the Platform, you grant to Time District and its subsidiaries, affiliates, and service providers, and to each of their and our respective licensees, successors and assigns, the right to:
Use, display, store, reproduce, modify, distribute and exploit any and all User Content, in whole or in part, worldwide, royalty-free, in perpetuity, in all formats, by any means and on all media, including but not limited to on the Platform and in our commercial and marketing materials, including the “Alerts” and “Newsletters”;
Modify the presentation of the photographs of any Products, such as by resizing or cropping the photographs and removing the background of a Product so that it appears over a white or branded background.
Time District respects the intellectual property rights of others and accordingly prohibits Users from disseminating, downloading, putting online or otherwise transmitting any content that infringes the intellectual property rights of a third party.
You represent and warrant that (a) you own or control all rights in and to your User Content and have the right to grant the license granted above to us and our subsidiaries, affiliates, and service providers, and to each of their and our respective licensees, successors, and assigns, and (b) all your User Content does and will comply with these Terms of Use, the Buyer Terms and Conditions and/or the Seller Terms and Conditions and/or the Community Rules (as applicable), and all applicable law.
You understand and acknowledge that you, not Time District, have full responsibility for any User Content that you post or contribute, including its legality, reliability, accuracy, and appropriateness. You agree not to post any User Content that is false or misleading or that uses the Services in a manner that is fraudulent or deceptive.
We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or by any other User of the Platform.
You shall hold Time District, and its subsidiaries and affiliates, and its and their respective officers, employees, agents, partners, and directors harmless against any claims raised by third parties in connection with the content of your User Content, including the description and photographs provided on your Product Pages for any Products that you may offer for sale on the Platform.
6.2. No monitoring of the User Content by Time District
Time District has no control over, makes no representations regarding, and hereby disclaims all liability and responsibility for the accuracy or the correctness of any User Content or third-party content; Time District shall not have any obligation to monitor the appropriateness of such content that is posted or uploaded on the Platform. Time District shall act at all times merely as a host and hereby disclaims liability for the data or information that is uploaded by Users, including any content that is put online or uploaded into a Product Page. Time District shall be entitled to remove any User Content in case of violation of the rights of a third party and/or of these Terms of Use.
Users who post or upload information to the Platform shall be solely responsible and liable for such information, which may not necessarily reflect the opinions or the principles of Time District.
Time District therefore does not guarantee that this information shall be complete or accurate. Any reliance you place on any data, information, or content uploaded or posted by other Users is strictly at your own risk, and any decision you make based on such information shall be taken based on your judgement alone and your sole assessment under your sole responsibility.
6.3. Notification of illicit content or infringement of intellectual property rights
If you think that any Product Page or other User Content contains defamatory or illegal messages or other information on the Platform, please notify Time District by sending an email to the support team at support@timedistrict.com. It is the policy of Time District to respond as soon as possible to claims about infringements of intellectual property rights and to take action in response to any notifications of clear infringements of intellectual property rights. Should you have any claim or complaint regarding infringements of intellectual property rights, please send it to support@timedistrict.com.
Time District is a candidate member of the Federation of the Swiss Watch Industry and is committed to working with them in the fight against cyber counterfeiting. Time District is compliant with the Charter against Cyber-Counterfeiting (Charte de Lutte contre la Contrefacon sur Internet), a convention against the violation of intellectual property rights on the Internet. To that end, Time District undertake to apply the procedures for combating infringements of intellectual property rights that are described in the Charter, in favour of both consumers and the rights holders.
By examining the Products (if and when applicable) prior to sending them out, Time District attempts to combat the infringement of intellectual property rights or the sale of Products whose sale is prohibited.
7. Rights over a person’s image
Upon creation of a Profile or a Product Page, Users may post photographs of themselves. By accepting these Terms of Use, the Users hereby authorize Time District to use their image as part of the operation of the Platform.
This authorization is granted for the entire period during which a User shall have an account and/or a Profile on the Platform. Users may withdraw their authorization to use their images by contacting us by email at support@timedistrict.com. Users hereby represent and warrant that the photographs used in their Product Pages or their Profiles do not constitute an infringement of the image rights or the privacy of third parties.
8. Personal data
All personal and other information provided by or obtained from Users through their registration on and/or their use of the Platform, and their commercial relationship with Time District in general, shall be handled in accordance with our Privacy Policy & Cookies. You consent to all actions we take with respect to your information, consistent with our Privacy Policy.
9. Intellectual property statement concerning the Platform
All of the content of the Platform (texts, comments, illustrations, videos and images, be they visual or audible) other than the User Content is protected by copyright, trademark and/or patent laws, for the world as a whole. Any total or partial reproduction of all or part of the Platform is strictly prohibited and shall be considered as an infringement of the intellectual property rights of Time District and/or of its licensors.
10. Rules of good conduct
Users agree to use the Platform (including any and all existing or future Services offered) in good faith, for lawful purposes, and solely in accordance with these Terms of Use, the Buyer Terms and Conditions and/or the Seller Terms and Conditions and/or the Community Rules (as applicable), and all applicable law. You agree not to use the Platform in any way that violates these Terms of Use or any applicable federal, state, local, or international law or regulation, or in any way that infringes upon the rights of Time District or any third party. Time District is not responsible or liable for any User’s use of, or actions and behaviour on, the Platform. You acknowledge and agree that you are fully responsible for your use of the Platform and that your actions and behaviour on the Platform may make you liable to us or to third parties.
By using the Platform and Services, Users agree to conduct themselves in a respective and courteous manner. You acknowledge and agree that it is a violation of these Terms of Use to provide or post any content on or to our Platform, whether in your username, User Content, exchanges with other Users (including through the instant messaging (the “chat”) and/or community features, or anywhere else, that is defamatory, denigrating, threatening, harassing, violent, vulgar, obscene, offensive, inappropriate, hateful, discriminatory, or otherwise reprehensible, or that infringes on the rights of third parties. Time District reserves the right to remove such content, including through automated means using scanning and detection algorithms. We further reserve the right to request or require at any point in time that a User choose a new, acceptable username, or remove or modify any infringing or reprehensible content.
If we believe that a User’s acts, behaviour, content, or use of the Platform and Services generally, may mislead, deceive, shock, defraud, cheat, or generally harm any other User or us or our personnel, then we may, in our sole discretion and without limiting other remedies, take any of the following actions: (i) remind the User of these Community Rules and/or Rules of Good Conduct; (ii) provide the User with a formal warning; (iii) suspend, either temporarily or permanently, the User’s access to the chat tool and/or community feature; or (iv) suspend or terminate the User’s account. For example, we may take any of these actions against a User if:
the User has been the subject of claims or complaints by other Users; or
the User has on more than one occasion sold or has attempted to sell Products that are defective or non-compliant.
We may also take these actions against a User who has sent inappropriate content to any other User through the chat tool and/or community feature. Time District can automatically detect inappropriate content sent through the chat tool and/or community feature using its scanning and detection algorithms. Each User also has the ability to block any other User from contacting him or her through the chat tool and/or community feature.
The above examples are not exhaustive.
Users agree not to contact other Users directly for the purpose of negotiating or completing a purchase or sale of a product outside of the Platform or for any other purpose that may infringe upon the rights or interests of Time District generally.
Users further agree not to post links to other Platforms and/or any other identifying elements of any other websites and/or mobile applications on which Users may sell the products that are put up for sale on the Platform, except with the prior written consent of Time District.
Users agree not to disclose any personal information, including bank account information, through the Platform. You also agree not to use the chat tool and/or community feature for any purpose other than to obtain or provide information about a product that is put up for sale on the Platform.
Users agree to refrain from making any unwarranted and denigrating comments about the Platform and/or about other Users, or from making any comments that may be defamatory or damaging to the integrity of the reputation of Time District, its personnel, and/or the other Users.
Any User in violation of these Rules of Good Conduct may be liable to Time District and/or to other Users.
11. Promotional Offer
Time District may from time-to-time issue promotional offer and/or vouchers via email (or other electronic method) to be used in accordance with the following conditions:
Offers and/or Vouchers are only valid for use on Time District's Platform by Users with a registered Time District account;
Offers and/or Vouchers may only be used with the Time District account linked to the User account to which the voucher and/or was issued;
Offers and/or Vouchers may only be used for the purchase of eligible listings, being Items which have been accepted by our team of authentication experts, not withdrawn from the Platform or, in the case of a sale, not subject to cancellation;
Offers and/or Vouchers are non-transferable, non-exchangeable, non-refundable and under no circumstances redeemable for cash;
Time District is not responsible for offers and/or vouchers which are lost, stolen, deleted or used without the permission of the registered User;
Offers and/or Vouchers may not be used in conjunction with any other offers or promotions;
Offers and/or Vouchers apply only to the purchase price of the Item and do not apply to applicable authentication fees, shipping fees, customs duties, or taxes; and
Unless otherwise specified, offers and/or vouchers are valid for one (1) use only and must be used within the time period (if any) specified at the time of issue.
In addition to the above, Time District may from time to time specify additional conditions for the use of offers and/or vouchers on Time District.
Time District reserves the right to cancel or set an expiry date for any issued offer and/or voucher, including circumstances where:
The offer and/or voucher is not used strictly in accordance with the conditions of use;
Time District suspects fraudulent use or offer and/or voucher abuse; or applicable privacy regulations require a User’s account to be deleted due to inactivity.
12. Availability of the Platform
Time District reserves the right to withdraw or amend the Platform, and any Services we provide on the Platform, in our sole discretion without notice. We will not be liable if, for whatever reason, all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict or suspend access to some parts of the Platform, or to the entire Platform, to Users. Time District does not provide any guarantee relating to the availability or the accessibility of the Platform and does not guarantee that the User’s access to the Platform, the content featured on the Platform or the Services that it offers shall be provided without interruption, within the timescales stipulated, or free of errors.
13. Governing Law, Forum, and Waiver of Class Action Rights
All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Switzerland.
You agree that any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Platform or Services shall be submitted exclusively to the courts of Switzerland.
IN ALL CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION, OR CLASS ARBITRATION, IN ALL JURISDICTIONS INCLUDING YOUR HOME JURISDICTION.