1.1 Q8horology LLC, Kuwait (hereinafter “Q8-horology.com”) is the operator of Q8-horology.com online marketplace for quality watches (hereinafter “platform”). The following “general platform terms and conditions” apply to the free use of the platform.
Sending the online registration represents a legally binding offer to form a contract with Q8-horology.com. The user shall be notified by e-mail of receipt of his/her registration enquiry. However, a visitor agreement shall not as yet come into effect. The user must activate his/her user account by clicking on the activation link. The user account will not become active until it is activated by Q8-horology.com. A visitor agreement shall only come into effect when the user account is activated by Q8-horology.com.
3.1 Any contractual relationship will be formed exclusively between “Q8-horology.com” and the user. The fulfillment of contracts initiated on the platform shall also take place exclusively between “Q8-horology.com” and the user.
4.1 Registration is only allowed for persons of unlimited legal capacity. Minors in particular may not register.
4.2 A current e-mail address and a password are required to register. The e-mail address and the password also serve as login details. Only one user account can be created with the same e-mail address. The e-mail address is also used for communication with Q8-horology.com and is essential for all contractually relevant correspondence between Q8-horology.com and the user.
4.3 The password is confidential and care must be taken to ensure that access to the user account is secure. Users are obliged to notify Q8-horology.com immediately if there are signs that a user account has been misused by third parties.
4.4 The user account is strictly personal. The user is not entitled without the express consent of Q8-horology.com to transfer the profile to a third party. Neither is the user entitled without the express consent of Q8-horology.com to enable third parties to access his/her user account using his/her login details.
4.5 The user shall in principal be liable for all activities that take place while using his/her user account. The user shall not be liable if he/she is not responsible for the misuse of his/her user account because there is no breach of the existing duty of care.
5.1 Q8-horology.com provides free functions to registered users, which facilitate use of the platform, particularly the search for offers and management of user accounts. Registered users can also enjoy improved communication with Q8-horology team.
5.2 Q8-horology.com may change the use of the platform, or individual functions, or the scope in which individual functions can be used at any time.
5.3 Registration is free of charge.
6.1 The user must refrain from any activity aimed at disrupting the operational aspects and technical infrastructure of the platform and/or overloading it. This particularly includes:
6.2 Users may search for commercial offers on the platform solely by means of the search forms provided by Q8-horology.com. Avoiding the search forms, particularly by using automated search software to access Q8-horology.com’s databases, is not permitted when searching for offers.
6.3 Data and contents obtained or made accessible to the user through search queries or using the platform may not be used in full, in part or as extracts
6.4 The user may not use the platform to send any messages with advertising content without the approval of the recipient (particularly spam).
6.5 The user shall notify Q8-horology.com without delay if any disruption occurs while using the platform or its functions. The same shall also apply if the user finds out that commercial offers or contents published by third parties clearly infringe prevailing law or third-party rights.
7.1 The visitor agreement is for an indefinite period and can be terminated with immediate effect at any time.
7.2 The right of the parties to end the contractual relationship by means of extraordinary termination for good cause remains unaffected. A good cause for Q8-horology.com to terminate this agreement without notice is if the user persistently infringes his/her duties as stipulated in clauses “4.3” or “4.4” of this agreement.
7.3 In the event of a good cause that allows termination without notice, Q8-horology.com may at its discretion deny access to the user account instead of termination. Q8-horology.com may also block access if the user has not used his/her login details for a period of at least one year.
7.4 Termination will result in the user not having access to his/her user account.
7.5 Termination by Q8-horology.com shall be deemed valid, amongst other things, if the user is duly notified at the e-mail address that he/she has provided. Terminations by the user must be given in writing or by using the relevant function to delete the user account on the platform.
8.1 Q8-horology.com strives to provide and operate a non-disruptive and durable platform. This is naturally restricted to services over which Q8-horology.com has an influence. The user however acknowledges that full, uninterrupted platform availability is not technically feasible. Q8-horology.com is particularly at liberty to restrict access to the platform in full or in part, on a temporary or long-term basis, due to maintenance work, capacity considerations and due to other events outside the power of Q8-horology.com.
8.2 Q8-horology.com is not liable in the case of an ordinary negligent infringement of obligations, which are not material obligations, whose initial fulfilment enables the due performance of the agreement and compliance with which the user may regularly depend upon.
8.3 Liability is excluded to the extent permitted by law for ordinary negligence of duty affecting the availability of the platform or its contents.
8.4 The above liability restrictions apply analogously in the case of damage caused by authorized agents, particularly partners. Q8-horology.com is not liable for the actions of users or other third parties. Neither do such third parties act as vicarious agents for Q8-horology.com. Liability for indirect and consequential damages is – to the extent permitted by law – excluded.
8.5 The liability of Q8-horology.com for malicious intent, gross negligence, personal injury and pursuant to statutory regulations remains unaffected by the above liability restrictions.
10.1 The user shall hold Q8-horology.com and its staff and/or appointees harmless from all third-party claims in the event that a claim is asserted on account of purported or actual legal infringements and/or infringement of third-party rights in connection with use of the platform or services of Q8-horology.com by the user.
10.2 The user shall undertake to reimburse Q8-horology.com all potential costs arising from a third-party claim. Reimbursable costs shall also include the costs of appropriate litigation and legal defense, which Q8-horology.com would incur to defend itself from third-party claims. In this case Q8-horology.com shall notify the affected user without delay of the legal defense measures to be taken.
11.1 If one or more provisions of the contractual provisions are or become inapplicable, this shall not otherwise affect the applicability of the other provisions.
11.2 The place of jurisdiction for all disputes arising from and in connection with this contract, irrespective of the legal grounds, is – if and to the extent that the user is a merchant – Kuwait.