Terms and Conditions
www.bigmoewatches.com
Effective date: 1st October 2023
1. Introduction
This website, accessible at www.bigmoewatches.com (“Website”), is owned and operated by Big Moe Watches, a business entity duly registered and operating under the laws of Dubai, United Arab Emirates (“we”, “our”, “us”, or“Big Moe Watches”).
The primary purpose of this Website is to serve as a conduit for the generation of leads concerning the purchase of pre-owned/pre-loved luxury watches, alongside providing educational and marketing information relating to the same.The services provided through this Website shall hereinafter be referred to as the "Services".
By accessing and using this Website, you agree to be bound by these Terms and Conditions (“Terms”) in their entirety. These Terms constitute a legally binding agreement between you, the user, and Big Moe Watches. If you do not agree with any part of these Terms, you must cease use of this Website immediately.
2. Definitions
In these Terms, unless the context otherwise requires, the following definitions apply:
- "User," "you," and "your" refer to you, as a user of the Website.
- "Content" refers to all text, graphics, images, audio, video, information, and other materials available on the Website.
- "User Content" refers to all content that Users upload, submit, or transmit to, or through the Website.
Other terms may be defined within the body of these Terms as and when appropriate.
3. Acceptance of Terms
Your access to and use of the Website and Services are conditioned upon your acceptance of and compliance with these Terms. By accessing or using the Website and/or Services, you agree to be bound by these Terms and all other operating rules, policies, and procedures that may be published from time to time on the Website by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
In addition, some services offered through the Website may be subject to additional terms and conditions specified by us from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
4. Modification of Terms
Big Moe Watches reserves the right, at its sole discretion, to modify or replace any part of these Terms at any time, without prior notice. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Website following the posting of any changes to these Terms constitutes acceptance of those changes. Big Moe Watches may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of these Terms.
5. Eligibility
The Website and Services are intended solely for persons who are 18 years of age or older. Any access to or use of the Website or Services by anyone under 18 is expressly prohibited. By accessing or using the Website or Services, you represent and warrant that you are 18 years of age or older. Furthermore, by using this Website, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of these Terms.
6. Account Registration
To access certain features of the Website, you may be required to register an account. During registration, you will provide accurate, complete, and updated registration information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account. You shall not use as a username any name that is offensive, vulgar, or obscene.
7. User Responsibilities
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
8. Privacy
Our collection and use of personal information in connection with your access to and use of the Website is described in our Privacy Policy. You agree that by using the Website or the Services, you consent to the collection, transfer, processing, storage, disclosure, and other uses of your information as described in the Privacy Policy.
9. Intellectual Property
All intellectual property rights in and to the Website, the Services, and its database, including copyrights, trademarks, industrial designs, patents, and trade secrets – are either the exclusive property of Big Moe Watches or are owned by their respective owners/licensors being utilized under the principle of fair use. The Website contains material, such as videos, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Big Moe Watches (collectively referred to as the "Content"). The Content may be owned by us, third parties, or may be images and logos attributed to their respective owners under the principle of fair use for educational and informational purposes.
The images, logos, and other materials related to certain brands, as well as images of celebrities, are being used under the principle of fair use and are credited to their respective sources wherever applicable. The use of such materials is intended for informational and educational purposes only, and any queries or claims regarding the use of any copyrighted material should be directed through our contact section.
The Website may also contain user-generated content, and by submitting any content to our Website, users grant Big Moe Watches a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, display, reproduce, and create derivative works based on such content.Any unauthorized use, reproduction, redistribution, or exploitation of the Content or any part of the Content, without the express written permission of Big Moe Watches or the rightful copyright owner, is strictly prohibited and may result in severe civil and criminal penalties.
For any concerns regarding the intellectual property policy or if you believe your copyright-protected work was posted on Big Moe Watches website without authorization, you may submit a copyright infringement notification to our customer support team.
10. User Generated Content
You may upload, store, publish, display, and distribute information, text, photos, videos, and other content on or through the Services (collectively, "User Generated Content"). You are solely responsible for any such content you provide. By uploading User Generated Content, you grant Big Moe Watches a perpetual, irrevocable, royalty-free, worldwide, and non-exclusive license to use the User Generated Content in connection with the Services.
11. Prohibited Activities
You are prohibited from using the Website or its content for any unlawful purpose, to solicit others to perform or participate in any unlawful acts, to violate any international, federal, or state regulations, rules, laws, or local ordinances, to infringe upon or violate our intellectual property rights or the intellectual property rights of others, to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, to submit false or misleading information, to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet, to collect or track the personal information of others, to spam, phish, pharm, pretext, spider, crawl, or scrape, for any obscene or immoral purpose, or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
12. Third-Party Links and Services
The Website may contain links to third-party websites or services that are not owned or controlled by Big Moe Watches. Big Moe Watches has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Big Moe Watches shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
13. Lead Generation
The Website acts as a conduit to facilitate the connection between users and luxury watch dealers. By providing your contact information, you agree to be contacted by third-party luxury watch dealers who may provide the products or services you are seeking. Big Moe Watches does not endorse, nor is it responsible for, any interactions between you and such third-party dealers, and disclaims all liability relating thereto.
14. Sales and Transactions
All transactions for the purchase of luxury watches facilitated through the Website are strictly between the user and the third-party luxury watch dealer. All sales are final. Big Moe Watches is not a party to any transaction between you and third-party dealers and disclaims all liability relating thereto.
15. Disclaimers
The Website is provided on an "as is" and "as available" basis without any warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Big Moe Watches makes no warranty that the Website or Services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure. Big Moe Watches is not responsible for the conduct, whether online or offline, of any user of the Website or Services. Big Moe Watches assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any User communication.
The information, including but not limited to, text, graphics, images and other material contained on this website are for informational and marketing purposes only. Big Moe Watches does not make any representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability concerning the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance placed on such information is strictly at the user's own risk. Big Moe Watches will not be liable for any false, inaccurate, inappropriate or incomplete information presented on the website.
16. Limitation of Liability
In no event shall Big Moe Watches, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
17. Indemnification
You agree to defend, indemnify, and hold harmless Big Moe Watches and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Website, by you or any person using your account and password, or b) a breach of these Terms.
18. Governing Law
These Terms shall be governed and construed following the laws of Dubai, United Arab Emirates, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Dubai, United Arab Emirates, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as outlined in the arbitration provision below.
19. Arbitration Agreement
You and Big Moe Watches agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Website or Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
20. Changes to the Terms
Big Moe Watches reserves the right to modify these Terms at any time. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services, or updating the "Last Updated" date at the end of these Terms. Your continued use of the Website will confirm your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Website.
21. Termination
Big Moe Watches may terminate or suspend your account and bar access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Website. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
22. Waiver and Severability
No waiver by Big Moe Watches of any term or condition outlined in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Big Moe Watches to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
23. Entire Agreement
These Terms constitute the sole and entire agreement between you and Big Moe Watches regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
24. Contact Information
For any inquiries or questions regarding these Terms or the Website, please contact Big Moe Watches at:
admin@bigmoewatches.com
25. Miscellaneous
Big Moe Watches shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Big Moe Watches’ reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved to Big Moe Watches.
