TERMS OF USE
WEBSITE TERMS OF USE
Last updated: September 2023
1. FORTIS’ IT-PLATFORMS AND TERMS OF USE
1.1. In the present terms of use (“Terms of Use”), Fortis means Fortis Watches AG, a Swiss-based company with registered seat at John-Harwood Strasse 13, 2540 Grenchen, Switzerland, and any of its subsidiaries (“Fortis”).
1.2. Fortis’ websites (collectively the “IT-Platforms”) are owned and edited by Fortis and use thereof is governed by these Terms of Use.
1.3. Please take the time to read these Terms of Use carefully before using the IT-Platforms. By accessing, browsing or otherwise using the IT-Platforms, you agree to comply with and be bound by these Terms of Use. If you disagree with any provisions of these Terms of Use, then you are not allowed to continue using the IT-Platforms.
1.4. Fortis may from time to time modify and/or remove parts or all of the Terms of Use at its sole discretion. The new dated version of the Terms of Use takes effect as soon as it is published on the IT-Platforms. By continuing to use the IT-Platforms, you agree to be bound by the terms of these updates and amendments.
1.5. Hosting services for our website is provided by Hetzner Online GmbH in Germany.
2. INTELLECTUAL PROPERTY
2.1. Unless otherwise stated, you should assume that everything that you see or read on the IT-Platforms (such as without limitation all texts, graphics, images, photographs, including any person represented in the photographs, illustrations, icons, video clips, music, written and other materials) (the “IT-Platforms Content”) is protected worldwide by legislation such as copyright, designs, trademark or other intellectual property legislation.
2.2. In particular, all trademarks that appear on the IT-Platforms are registered, unregistered or otherwise protected Fortis trademarks or are licensed for use by Fortis by third parties. Also, as a general rule, all IT-Platforms Content on the IT-Platforms are either Copyright © Fortis or are licensed for use by Fortis.
2.3. Unless otherwise provided herein, nothing contained on the IT-Platforms should be construed as granting any licence or right to use any IT-Platforms Content without Fortis’ prior written consent or that of such third party who owns the IT-Platforms Content.
2.4. Misuse of any IT-Platforms Content, except as provided herein, is strictly prohibited. You are also advised that the Fortis will enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution, for serious offences.
3. USE OF IT-PLATFORMS CONTENT
3.1. The IT-Platform Content is presented to you for your personal use only. You may download a copy or print a copy of the material made available to you via the IT-Platforms for your own non-commercial use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are retained intact on the copy and are not changed or modified.
3.2. Any other use of the IT-Platform Content, including without limitation reproduction for public or commercial purposes, modification, publication, distribution, transmission, creation of derivative or secondhand works, display or communication on any other IT-Platform is prohibited. Any unauthorized use of the IT-Platform Content may infringe intellectual property laws, the laws of privacy and publicity, and communications regulations and statutes.
4. FORTIS PRODUCTS
4.1. The products featured on the IT-Platforms are representative of Fortis’ collection. However, it might be that not all Fortis products are featured on the IT-Platforms. Furthermore, the IT-Platforms may contain information on Fortis products, not all of which are available in every Fortis Authorized Point of Sales.
4.2. Fortis has created its various IT-Platforms to provide information about its company and products for your personal use. While best effort is taken to try to ensure that the visual representations of our products featured on the IT-Platforms are representative of the color, design, style, description and size etc. of the original products, variations, distortions and/or differences may occur when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Thus, Fortis shall not be held liable for any error or inaccuracy of the product images displayed on the IT-Platforms compared to the original product. We recommend that you visit one of our Fortis Authorized Points of Sales prior to making a purchase online or by phone.
5. WEBSITE PRIVACY POLICY
5.1. All and any material or personal information sent to Fortis’s IT-Platforms is subject to Fortis’s policy on privacy and protection of personal data set out in the Privacy Policy available on the IT-Platforms.
6. COMMUNICATION SUPPLIED TO FORTIS
6.1. Except for any personal information included therein, any communication or material sent to Fortis via the IT-Platforms or through social media, by electronic mail or otherwise including any data, questions, answers, comments, suggestions, or the like, is and will be treated by Fortis as non-confidential and non-proprietary.
6.2. By sending such communications to Fortis, you automatically grant Fortis a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone.
6.3. Any such communication that you transmit may be used by Fortis for any purpose without compensation, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing, and marketing products using such information.
6.4. By submitting such communications, you also warrant that you own the material and content submitted, that it is not defamatory, and that Fortis’ use of the material and content will not violate any third parties’ rights or applicable laws. Fortis is under no obligation to use the communication submitted or to send any confirmation or feedback that a submission is successful.
6.5. Furthermore, Fortis enjoys a worldwide reputation for both the design and manufacture of high quality luxury watches. To this end, it possesses its own sources of creativity, in particular highly skilled teams of designers who conceive and perfect Fortis’ creations. As a result, Fortis does not agree to be the receiver of unsolicited proposals of collaboration and it is possible that Fortis may already be working on similar ideas or projects. Therefore, you are advised that Fortis is not interested in receiving ideas or other proposals relating to creations you may wish to submit.
7. DISCLAIMER OF REPRESENTATION AND WARRANTIES
7.1. Fortis tries to ensure that the information provided on the IT-Platforms is accurate and complete. However, Fortis does not warrant or represent that the IT-Platforms Content is accurate, error-free, reliable and non-infringing on third parties. Nor does Fortis warrant or represent that the access to the IT-Platforms is uninterrupted or error-free, that the IT-Platforms, their servers or the e-mails sent from Fortis are secure and free of viruses. If use of the IT-Platforms or IT-Platforms Content results in the need for servicing or replacing property, material, equipment, data or other element, Fortis shall not be responsible for those costs.
7.2. Without limiting the foregoing, the IT-Platforms are provided to you “as is” and “as available” and therefore, to the fullest extent permitted by applicable law, Fortis gives no warranties of any kind, whether express, implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill or non-infrigement. Fortis and its suppliers make no warranties about the IT-Platforms Content, software, text, downloads, graphics, and links, or about results to be obtained from using the IT-Platforms.
8. LIMITATION OF LIABILITY
8.1. You access, use, browse and navigate on the IT-Platforms at your own risk. Therefore, Fortis and any other parties involved in the creation, production, or delivery of the IT-Platforms on Fortis’ behalf, shall, to the fullest extent permitted by applicable laws, not be liable for any direct, indirect, incidental, consequential, or punitive damages of any kind, including any liability relating to any loss of use, interruption of business, lost profits or lost data, (all together the “Damages”) arising out of or in connection with the use of the IT-Platforms or of the IT-Platforms Content, regardless of the legal qualification of such Damages (be it contractual, tort or otherwise), even if Fortis was previously informed of the possibility of such Damages.
8.2. Fortis may modify or discontinue providing any of the IT-Platforms, with or without notice to you, but shall not be liable to you or any third party as a result of such modification or discontinuation.
8.3. Please note that some jurisdictions may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations in Sections 7 and 8 may not apply.
9. LINKS & LINKING
9.1. The IT-Platforms may contain links to other platforms operated by third parties not affiliated to Fortis. Those links are provided solely as aids to assist you to identify other platforms that may be of interest. The inclusion of any link to such third-party platforms does not imply endorsement by Fortis of those platforms. The links on Fortis’ IT-Platforms may take you outside of the Fortis network. If you choose to click through any link to off-site pages or third-party sites then this is at your own risk. Fortis has not reviewed all of the content contained in the linked platforms and is not responsible for the content, accuracy or function of these other platforms. Fortis does not authorize linking to any of its IT-Platforms from a third party platform without its express prior written authorization.
10. TERMINATION AND SUSPENSION
10.1. If Fortis reasonably believes that you have violated any of the provisions of these Terms of Use or otherwise violated Fortis’ rights, Fortis may immediately take corrective action without prior notice and terminate or suspend your access to and use of the IT-Platforms.
10.2. Sections 7 (Disclaimer of Representation and Warranties), 8 (Limitation of Liability) and 11 (General Provision) shall survive termination of these Terms of Use.
11. GENERAL PROVISIONS
11.1. The provisions of these Terms of Use are severable and if any provision or identifiable part is held to be invalid or unenforceable for any reason, it shall be deemed not to form part of these Terms of Use, and the legality, validity, or enforceability of the remainder of the provisions of these Terms of Use shall not be affected, unless otherwise required by operation of applicable law.
11.2. These Terms of Use constitute the entire agreement between you and Fortis in relation to the use of the IT-Platforms, and supersedes all previous drafts, agreements, arrangements and undertakings of any nature and in any form made by you and Fortis with respect to the subject matter hereof.
11.3. The failure of Fortis to enforce any of the provisions of these Terms of Use or any rights with respect thereto shall in no way be considered as a waiver of such provisions or rights or in any way to affect the validity of these Terms of Use. The waiver by Fortis of a breach of any provision of these Terms of Use shall not operate to be construed as a waiver of any other prior or subsequent breach.
12. APPLICABLE LAW AND JURISDICTION
12.1. These Terms of Use shall be governed by and construed in accordance with the laws of Switzerland.
12.2. Any dispute, controversy or claim arising out of or in relation to these Terms of Use, including the validity, invalidity, breach, or termination thereof, shall be submitted to the exclusive jurisdiction of the courts at the domicile of Fortis Watches AG.
CONTACT US
If you have any questions or comments about these Terms of Use please contact us at the address provided below. You can also use this address if you wish to request a copy of the personal data we hold about you.
E-Mail: info@fortis-swiss.com
Address: John Harwood-Strasse 13, 2540 Grenchen, Switzerland
