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Terms of Service

 

if you're accessing watchapp from a mobile device using the watchapp.com App (the "App"), your use of the App acknowledges and accepts the Terms of Use. Please note that this App uses network services and may incur additional network data charges (including additional charges when roaming).

This document governs the Terms of Service (“Terms”). The Terms are a legally binding contract between you and WatchApp (“WatchApp”). This contract sets out your rights and responsibilities when you use WatchApp and our Service (the “Service” includes the “Website” and the application for your mobile device (the “App”), as well as all related websites, downloadable software, and other services provided by WatchApp and on which a link to the Terms or Help section are displayed) provided by WatchApp. Please read them carefully.

BY USING WatchApp services, YOU’RE CREATING A LEGALLY BINDING CONTRACT TO COMPLY WITH ALL TERMS. Watchapp.com grants you the right to use the App only for your personal use. You must comply with all applicable laws and third-party terms of agreement when using the App (e.g. your wireless data service agreement). The App may not contain the same functionality available on the www.watchapp.com website.

WatchApp may amend the Terms of Service at any time by posting a revised version on the WatchApp website. The revised version will be effective at the time it is posted. WatchApp will notify the user accordingly by email, Text or through the App.

 

 

Seller Fees

 

Sellers agree to pay WatchApp the current "Transaction Fee," which is defined within the Terms, upon a successful completion of a sale. The current Transaction Fee is a flat 5% Transaction Fee per transaction. The Transaction Fee will be deducted from Seller’s earnings. The Transaction Fee doesn’t include any additional fees incurred by the payment provider you are using to receive your earnings, like PayPal, google pay or bank. For a list of fees, please visit the Payment provider’s website.

 

 

About watchapp.com

 

Watchapp.com is an Android/iOS-based app (Software Application / Programing Code) that allows users to easily and safely buy and sell new and used watches of all kind online. The actual Sales contract is constituted directly between the seller and buyer.

While watchapp.com may offer services and help in terms of pricing, shipping, listing, sourcing, and other guidance, this help is solely informational and you may decide to follow it or not. Also, while Watchapp.com may help facilitate the resolution of disputes, watchapp.com has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

This Service is an online consumer-to-consumer marketplace. WatchApp does not sell or purchase any goods in its own name or account, take possession of any goods, either for itself or on behalf of users or any other Third party. While WatchApp may help facilitate transactions, users who list and sell items through the Service ("Sellers") and users who purchase items through the Service ("Buyers") are solely responsible for the sale of goods (referred to herein as “goods”, “products” or “items”) transactions between them, including without limitation the listing of goods and any applicable product warranties. Sellers and Buyers (this means you) are collectively referred to herein as “Users” of the Service.

WatchApp provides payment processing services through third-party service providers for items listed on its marketplace. Users can pay with and accept payment by PayPal, credit card, debit card through PayPal. Google Pay and Apple pay being currently implemented. Sellers may have funds from sales deposited into their verified PayPal account. Please remember, payment methods and accounts can only be registered on one WatchApp account at a time.

WatchApp is responsible for processing refunds, chargebacks or payment reversals and providing customer service in questions related to the App, but shall not be involved in disputes between Users.

By accepting these Terms, you acknowledge that you will provide accurate information to WatchApp to comply with our regulatory requirements in providing payment services to you. Further, your acceptance of the Terms includes acceptance of our Privacy Policy.

 

 

Terms of using the Service

 

For an individual to have a WatchApp account you must be at least 18 years old, or the age of majority in your country of residence.

By using the Service, you agree to comply with the following policies and any additional policies that we may notify you of from time-to-time 

WatchApp helps users list, buy, sell and transact online to sell and buy goods. The following Terms may apply, depending on how you use the Service.

Seller Rules - If you list any items for sale, the seller Policies will apply to you.

Buyer Rules - If you use our Service to browse or purchase, these additional Policies apply to you.

Intellectual Property Owners - If you are the owner or authorized agent of the owner of copyrighted or other protected intellectual property, the intellectual property Policy describes the rights and obligations to have listings in questions removed from WatchApp.

 

 

Your WatchApp Account

 

You need to create an Account with WatchApp to use some features of our Service. If WatchApp determines that your use of an Account violates any of our Terms, or is otherwise inappropriate or illegal, WatchApp may, at its sole discretion, take action, up to and including termination of your account. If you have previously violated our Terms using another account, refuse to provide information, or if we are unable to verify the information you provided, you will not be illegible for an Account.

Account Rules

 

•             A User shall not use an Account for money laundering or any illegal purpose or in violation of any law or regulation or provision of these Terms. As a condition for using the Service, we hold all buyers or sellers accountable for violations of law, violations of these Terms and all applicable policies.

•             You must be 18 years of age or older to have an account

•             You may only register for and maintain one Account. Payment instruments and bank accounts can only be registered on one WatchApp account at a time; they cannot be shared on multiple accounts.

•             You may be required to provide us with current and accurate information about yourself (such as your name, address, date of birth, Social Security number, and/or a copy of your driver’s license or other government-issued identification) (“User Information”). We may verify your User Information with a third-party vendor. We also may request you to send us additional documents or information to help us verify your identity. It is prohibited to use false information or impersonate another person through your Account.

•             If you make purchases, you will be asked to provide information about your Payment Instrument(s), which may include a credit card, debit card, Account or Balance resulting from earnings from prior sales or another payment method permitted by us. Payment Instruments may be stored with us for future use. We may validate that your Payment Instrument is in good standing with the Payment Instrument issuer. You agree that the User Information and Payment Instrument information you provide to us is accurate and that you will keep it updated.

•             If you complete a sale, you may withdraw your Account Balance to your bank account using Direct Deposit or Instant Pay. It is your responsibility to ensure that your bank account information is entered correctly. We may be unable to recover money sent to an inaccurate bank account number using Direct Deposit or Instant Pay.

•             You are solely responsible for any activity and listings on your Account. You also are responsible for ensuring your Account accurately reflects your current User Information.

•             You are responsible for all fees, chargebacks, payment reversals or refunds received by WatchApp, even after you close your Account. Amounts owed may be removed from your Balance.

•             You are responsible for keeping your Account password secure. See Our Safety Guidelines for tips on keeping your Account secure. If you believe your account has been compromised please contact us_compliance@WatchApp.com.

Please visit the Help section at WatchApp.com for questions about setting up an account with WatchApp.

 

 

Termination of service by user

 

If you don’t have any pending transactions or active listings you may terminate your Account by contacting WatchApp Customer Service within the App by taping  “Account” and “Customer Service”. Terminating your Account will not affect the availability of some of your listing content that you posted through the Service prior to your termination and completed transaction information. You are still responsible for all fees, shipping overages, chargebacks/payment reversals or refunds received by WatchApp, even after you close your Account. You remain obligated to resolve any disputes with other Users that are the result of purchases or sales of goods occurring prior to termination.

 

Scope of Use

 

The App and Website are licensed, not sold, to you for use only under our Terms. WatchApp reserves all rights not expressly granted to you. WatchApp hereby grants you a personal, limited, revocable, non-transferable license to use the App and Website on a compatible device that you own or control, solely for your own personal use.

You may not modify, alter, reproduce, distribute or make the App or Website available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App or Website.

You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or Website, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or regulation or third-party terms), nor attempt to disable or circumvent any security or other technological measure designed to protect the App or Website or any content available through the App or Website.

The Service may include open source software or third-party software. Any such software is made available to Users under the terms of the applicable licenses. Please refer to the Help Section for the applicable notices and license terms.

 

Your Information

 

Information that you post using our Service must be Information you own or have the right to use (referred to as “Information”). That includes anything you post using our Service (like avatars, nick and public names, pictures, listing photos, descriptions, comments, videos, etc.).

Responsibility for Your Information; You are solely responsible for Your Information. You represent that you have all necessary rights to Your Information and that you’re not infringing or violating any third-party’s rights by posting it.

Permission to Use Your Information. By posting Your Information through our Service, you grant WatchApp a license to use it. We don’t claim any ownership to Your Information, but we have your permission to use it to help WatchApp function and grow. That way, we won’t infringe any rights you have to Your Information and we can help promote your listings and/or Account.

By posting Your Information, you grant WatchApp a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Information to provide the Service and to promote WatchApp, or the Service in general, in any formats and through any channels, including across any WatchApp Service or third-party website or advertising medium.

Reporting Unauthorized Information. WatchApp has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing Information from the Service. If Information that you own or have rights to has been posted to the Service without your permission and you want it removed, please follow the steps listed in our DMCA Notification in the Help section. If Your Information infringes another person’s intellectual property, we will remove it if we receive proper notice. We will notify you if that happens.

Inappropriate, False or Misleading Information. This should be common sense, but there are certain types of Information we don’t want posted on WatchApp’s Service (for legal reasons or otherwise). You agree that you will not post any Information that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items Policy, Prohibited Conduct Policy or any part of our Terms. You also agree not to post any Information that is false, misleading or uses the Service in a manner that is fraudulent or deceptive.

 

Your Use of the App (Service)

 

License to Use Our Service. We grant you a limited, non-exclusive, non-transferable and revocable license to use our Service—subject to these Terms and the following restrictions:

Don’t Use Our Service to Break the Law. You agree that you will not violate any laws in connection with your use of the Service. This includes any local, state, federal and international laws that may apply to you. It’s your responsibility to obtain any permits or licenses and have proof of ownership or receipts if required; You may not use WatchApp to list or sell items that violate any laws. You may not use WatchApp Service to commit fraud, theft or any other crimes against WatchApp, another WatchApp user or a third-party. Please review our Prohibited Items Policy and Prohibited Conduct Policy for more details.

You agree not to attempt to manipulate, tamper with or harm Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.

Agreement to Receive Electronic Communications. By using our Service, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing you paper copies and that your electronic agreement is the same as your signature on paper.

Items You Purchase. WatchApp does not manufacture, store or inspect any of the items sold through our Service. We provide the venue; but the items in our marketplaces are produced, listed and sold directly by independent sellers, so WatchApp cannot and does not make any warranties about items’ quality, safety or legality. Any legal claim related to an item you purchase must be brought directly against the Seller of the item. You release WatchApp from any claims related to items sold through our Service, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).

Content You Access. You may come across materials that you find offensive or inappropriate while using our Service. WatchApp is not responsible for the decency, accuracy, copyright compliance, or legality of content posted by Users that you accessed through the Service. You release us from all liability relating to that content.

People You Interact With. You can use the Service to interact with other individuals. However, you understand that we do not screen Users of our Services, and you release us from all liability relating to your interactions with other Users. Please report Users who engage in Prohibited Conduct in the Help section so we may review their account. Please also follow our Safety Guidelines.

WatchApp is dedicated to making our Service the best it can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, 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.

We do not guarantee that the Service will be secure or available at any particular time or location; or that any defects or errors will be corrected; or the results of using the Service will meet all your expectations. We will take every reasonable effort to ensure that the Service will be free of viruses or other harmful materials and to correct defects once identified.

 

 

Account suspension or termination by WatchApp

 

WatchApp reserves the right to change, suspend or discontinue any of its Services, in whole or in part at any time for any reason, without notice (unless required by law).

We may refuse service to anyone and may terminate or suspend your Account (and any related Accounts) and your access to the Service in whole or in part at any time, for any reason, without notice unless required by law). For example, WatchApp will promptly terminate without notice the Accounts of Users who are determined by WatchApp to be "repeat offenders." A repeat offender is a User who has been notified of a violation of our Terms, engages in infringing activity, or has had content removed from the Service at least twice.

If we terminate or suspend your Account or access to our Service:

•             You don’t have a contractual or legal right to continue to use our Service, for example, to sell or buy on our Websites or Apps. We will not be liable to you for the effect that any changes to the Service may have on you, including your income or your ability to generate revenue through the Service.

•             You remain responsible for fees, shipping fees, chargebacks/funds reversals, returns or refunds requested and remain obligated to resolve any disputes with other Users that are a result of purchases or sales of goods occurring prior to termination/suspension.

•             Funds may be held initially for 30 or 90 days based on risk. You may be required to provide additional information regarding your account, your identity, your listings or your transactions to release the holds on these funds. However, additional infractions may extend the holding period up to 180 days to cover our risk. Funds for illegal activity or items will not be released.

•             Funds may be held for up to 180 days to seek reimbursement from a Seller in any of the following circumstances: When (a) we provide a refund to a Buyer because a Seller did not deliver the goods or we otherwise determine that a refund is warranted in a particular circumstance; (b) we discover erroneous or duplicate transactions related to a Seller; (c) we receive a chargeback or payment reversal from a Buyer's Payment Instrument issuer for the amount of a Buyer's purchase from a Seller; or (d) a Seller does not act in accordance with WatchApp’s Terms of Use including the sale of prohibited items and the creation of multiple accounts.

•             We may obtain reimbursement of any amounts owed by a Seller to WatchApp by deducting from future payments owed to the Seller, reducing any credits from the seller’s WatchApp Account Balance, charging any of the Seller's Payment Instrument(s) on file, or seeking reimbursement from the Seller by any other lawful means, including by using third-party collections services. You authorize us to use any or all of these methods to seek reimbursement.

•             WatchApp will make refunds or other payments owed to you, as required by applicable law or regulation.

 

 

Buying, Selling and trading watches

 

Prohibited Transactions. When buying a product using the Service, Buyers also must not place orders without the intent to purchase, purchase goods for a commercial purpose (e.g., resale), or place any order that is determined by WatchApp to be fraudulent or illegal. You agree that the Service may only be used for bona fide purchases of goods, and may not be used to transfer money between a Buyer and Seller that is unrelated to a purchase of goods.

A Seller shall not purchase a product Seller themselves has listed. A Seller who wishes to cancel a listing must do so per the procedures specified by WatchApp in the Help Section.

Sales Contract. A sales contract for a product will be formed with the Seller when the Buyer completes the steps for purchasing a product as prompted on the Service, but before payment is made by the Buyer. The Seller and the Buyer shall not assign to a third-party, provide as security, or otherwise dispose of their rights and obligations arising under such sales contract.

WatchApp’s Role. Seller agrees that WatchApp and its designated payment processor act as an intermediary in processing payments for purchases. A Buyer’s obligation to a Seller for the purchase price shall be fulfilled upon receipt of the purchase price by WatchApp (except for Buyer’s obligations in the event of a chargeback or other payment reversal).

Ratings. Once a product has been received by a Buyer, the Buyer is required to rate the Seller. Once the Buyer has rated the Seller, the Seller should also rate the Buyer. Ratings need to be provided by the Buyer and the Seller in order for the Seller to receive his or her earnings.

Settlement to Sellers. When user ratings by both a Buyer and a Seller are complete, WatchApp and its designated payment processor will process the payment to Seller. WatchApp will make commercially reasonable efforts to credit Seller’s earnings Balance with WatchApp within ten (10) business days of receipt of the settled payment proceeds by WatchApp. WatchApp shall transfer earnings to Seller’s bank account upon Seller’s request. WatchApp may ask for Seller’s User Information to ensure the transfer and purchase is secure, and may retain the earnings until Seller’s User Information has been verified and confirmed.

For more information on our payment procedures, please refer to the Help Section.

 

 

Buyer Transactions

 

Any payment by a Buyer in connection with the Service shall be made through WatchApp and its payment processor and the details of such payment or settlement shall be subject to the rules set forth in the Help Section. Purchases made by Payment Instrument through the Service are also subject to the terms and conditions between Buyer and the issuer of the Payment Instrument.

When Buyer requests to make a purchase, WatchApp processes such transaction on behalf of the Seller, and Buyer authorizes Seller to submit charges or credits (in the case of refunds/reversals), as applicable, to the Buyer’s Payment Instrument. By agreeing to these Terms, you authorize WatchApp and its payment processor to charge or debit your designated Payment Instrument, as applicable, when you make transactions or incur fees for the Service. Refunds under a certain dollar amount may be issued in WatchApp Credit rather than requiring a shipping return to the Seller and a refund to the payment instrument at WatchApp’s discretion. If a sales contract is formed, the Buyer shall pay the total amount of the product price and any applicable shipping fees. If shipping for a product will be paid by the Seller, it will be included in the listed product price. If shipping will be paid by the Buyer, the product will be shipped after the Buyer pays the product price and shipping fee.

If shipping for a product will be paid by the Seller, it will be included in the listed product price. If shipping will be paid by the Buyer, the product will be shipped after the Buyer pays the product price and shipping fee. If we are contacted by one of our shipping carriers and/or if WatchApp is charged for postage or if WatchApp is charged due to use of incorrect shipping labels or weight classifications, WatchApp may remove the amount paid to the carrier on your behalf from your Account Balance.

You, as a Buyer, agree that purchases made through the Service are transactions between you and the Seller, not with WatchApp or its affiliates. WatchApp and its affiliates are not parties to your purchase transaction with the Seller. You also agree that WatchApp shall not have any liability to you for any payments made through WatchApp’s designated payment processor.

 

 

Cancellation of Listings, Transactions and Refunds

 

Cancellation of a transaction is not permitted once the product has been ordered by a Buyer, except as required by applicable law or regulation. However, WatchApp may allow cancellation of an order if the Buyer does not make a payment or does not pay on time; the Buyer receives an item that is not as described in the listing, is sent the wrong item, or is sent a damaged item; if the Seller does not ship within 4 (four) days; or for other reasons WatchApp deems appropriate.

If a Buyer receives an item that’s damaged, not as described in the listing or is sent the wrong item, the Buyer must report the problem to us within 3 (three) days of delivery, or within such longer time as required under applicable law or regulation, through “file a complaint” in the App under “account”. In such a case, the Buyer must NOT rate the Seller. Items may be returned to the Seller, as WatchApp permits, for a refund.

Any refund will be issued to the original form of payment, or if a return of the item is not required, the buyer may be issued a refund in WatchApp Credit. If the Buyer and Seller agree to a return after this determination, WatchApp may be contacted to process to the original form of payment. We do not provide refunds or returns for Prohibited Items.

Transactions where payment is sent outside of the WatchApp platform are strictly prohibited by WatchApp’s Terms and Conditions and not protected by our Buyer Protection Guarantee. Listings or profiles soliciting such transactions are subject to removal without notice.

 

 

Redeeming and Using Earnings; Earnings Limitations

 

After a transaction is complete and the Buyer has confirmed the receipt of goods, upon receipt the buyer is granted a period of 72 hours to examine the goods, if the buyer doesn’t file a complaint within the 72 hours, the Seller may request to have his or her earnings Balance resulting from the sale deposited in his/her bank account or sent to his/her registered PayPal account (transfer or PayPal fees may apply).

A Seller whose User Information has not been verified and confirmed by WatchApp may not complete a sale through the Service that would result in an Account earnings Balance more than $3000 (three thousand Dollars) on any day (24 hour period) as calculated by WatchApp at its discretion.

WatchApp may not issue receipts to Users for payments made or received on the Service, except as required by applicable law or regulation. 

Records of your payment transactions through the Service and WatchApp Account Balance transactions will be reflected in your transaction history in your WatchApp Account. You are responsible for reviewing your payment transaction history to determine if there are any errors or unauthorized transactions, and for alerting WatchApp of such events through Contact Us in the Help section, contacting us via email at contact@WatchApp.com or by calling our 1-800 listed on the Contact Us page and on your receipts.

In addition to reporting any issues directly to WatchApp through Contact Us options in the Help Section, residents of certain states may have rights regarding concerns or complaints with our payment services. See the Licenses/Disclosures page for more information.

 

Income Tax

 

You hereby agree to comply with all applicable tax laws and regulations in connection with revenue generated through using the Service. Sellers are required by law to declare and pay taxes on income earned from their sales unless those sales are the Internet equivalent of an occasional garage or yard sale. WatchApp will not offer any financial or tax advice.

 

Intellectual Property , trademark and Copyright Infringement

 

watchapp.com will react and respond to notices of alleged trademark infringements to ensure that listed items and content on our site or in our apps do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please watchapp.com and we will investigate the case and reply within 5 business days.

 

Withholding funds

 

To protect watchapp.com from risk of liability for your actions as a seller, watchapp.com will withhold funds based on certain factors, including, but not limited to, selling history, seller performance, returns, transaction value, or the filing of an watchapp.com Money Back Guarantee case. This may result in PayPal restricting funds in your PayPal account.

 

Zero Interest

 

WatchApp and its bank do not pay interest to you on earnings or any other funds which may be maintained in an Account or otherwise with WatchApp. You assign to WatchApp the right to earn interest on earnings or other funds maintained with WatchApp and its bank, in consideration of your use of the Service.

 

 

International transactions

 

All Services are accessible to international sellers and buyers. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.

You may list your items directly on one or more of WatchApp.com's international sites. Additionally, you may direct us to display your listing on watchapp.com sites other than the original watchapp.com listing site, including where you choose to list an item with an international shipping option (such as worldwide shipping or the Global Shipping Program); the appearance of your listings on these sites is not guaranteed. When you sell your items internationally, you agree to be subject to that other site's User Agreement, policies, and our watchapp.com Money Back Guarantee. You may adjust your account settings within My watchapp.com to indicate your preferences on international shipping by excluding international shipping and applying an exclusion list to the applicable countries.

You authorize WatchApp to use automated tools to translate your watchapp.com content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.

 

 

Disputes Between Users

 

Sellers agree to resolve any disputes directly with the Buyer according to our Terms. In the event that a dispute is escalated to WatchApp, we reserve the right to issue a refund to a Buyer if a transaction is found to be in violation of WatchApp’s Terms.

In the event that a Buyer submits a chargeback or other form of payment reversal, WatchApp will respond to the payment network as the merchant of record on behalf of the Seller involved in the transaction. The Seller agrees to provide any requested information to WatchApp within five (5) business days of the request. WatchApp reserves the right to recoup funds associated with Buyer chargebacks/payment reversals or refunds through any permissible legal means.

If there is a dispute between Users, or between a User and a third-party with regard to the Service, the matter shall be resolved by such users at their own cost. WatchApp may participate in the dispute at its discretion. After a transaction is processed, WatchApp is the final arbiter of disputes between Users and WatchApp shall not bear any liability related to such disputes.

If you have a dispute with one or more users, you release WatchApp (and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

 

Limitation of Liability

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER watchapp.com NOR ITS AFFILIATES, SHALL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, RELATING TO YOUR USE OF THE SITE OR THE SERVICES OR YOUR INABILITY TO USE THE SITE OR THE SERVICES.

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in WatchApp.com’s applications may not occur in real time. Such functionality is subject to delays beyond WatchApp.com’s control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

the content you provide (directly or indirectly) using the Services;

your use of or your inability to use our Services;

pricing, shipping, format, or other guidance provided by watchapp.com;

delays or disruptions in our Services;

viruses or other malicious software obtained by accessing or linking to our Services;

glitches, bugs, errors, or inaccuracies of any kind in our Services;

damage to your hardware device from the use of any watchapp.com Service;

the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;

a suspension or other action taken with respect to your account or breach of the Abusing watchapp.com Section above;

the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or

your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to a maximum of the sales fee and transaction fee withheld.

 

Release and indemnification

 

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of WatchApp.com’s Services or your breach of any law or the rights of a third party.

 

Additional information

 

•             These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and WatchApp.

•             The Terms, including the Policies and other documents incorporated by reference herein, supersede any other agreement between you and WatchApp regarding the Service.

•             If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

•             Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

•             The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

•             You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without consent.

 

User Notifications

 

If WatchApp determines that there is a need to notify or contact a user, it will do so by sending a text message, email, to the email address or mailing address provided by the User. Alternatively, the notice may be displayed on the App or the website, or by other reasonable means. WatchApp shall not be liable for any damages incurred due to the fact that WatchApp’s notice or communication was not received or was delayed.

You may contact WatchApp while you are logged in to the App by taping “customer service” under “Account” within the App. you may also have these Terms sent to you electronically by emailing us a request for these Terms.

 

Legal Disputes and Arbitration

 

You and WatchApp each agree that any and all disputes or claims that have arisen or may arise between you and WatchApp relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Service, any goods sold, offered, or purchased through the Service, or any payments processed for goods sold, offered or purchased through the Service, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, rather than in court, except that you may assert a claim in small claims court, if it meets the criteria. Arbitration is more informal than a lawsuit filed in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts. You and WatchApp agree that the Federal Arbitration Act governs the interpretation and enforcement of this Article.

 

Prohibition of Class and Representative Actions and Non-Individualized Relief

 

YOU AND WATCHAPP AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WATCHAPP AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

 

Third-party Services and Linked Websites

 

The Privacy Policy applies to your use of the Service and you consent to the collection and use of your information, including personally identifiable information by WatchApp. Our Service may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook) that enable you to export information to third-party services. You may also need to use a third-party’s product or service to use some features of our Service (like a compatible mobile device to use our mobile apps) or use through our implementation of third-party buttons (such as "share" buttons). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use and privacy policies. WatchApp is not a party to those agreements; they are solely between you and the third-party.

 

iOS – Apple

 

These Terms of Use are an agreement between you and watchapp.com, and not with Apple. Apple is not responsible for the App and the content thereof.

watchapp.com grants you the right to use the App only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

 

Applicable Law

 

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of Vienna/Austria, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and WatchApp.com, except as otherwise stated in this User Agreement.

 


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