OUR TERMS OF USE
LAST UPDATED: MAY 2023
About TisMO and these Terms of Use
Manufacture TisMO LTD, a branch of 32 London Bridge St, London SE1 9SG, United Kingdom
These Terms of Use govern your use of TisMO websites and mobile applications (together the “Platforms”). In these Terms of Use, we use the term TisMO (and “we”, “us” and “our”) to refer to the head office of TisMO at the registered address above and its affiliates.
Please read these Terms of Use carefully before using the Platform. By using the Platform, you signify your assent and agreement to these Terms of Use. If you do not agree to these Terms of Use, then you are not authorised to continue use of the Platform.
About our hosting services
Hosting Services for our website is provided by wiseboost.pl
Mobile applications may be hosted by us or by other companies and you should refer to the relevant conditions of such other company.
DATA RETENTION SITE
Personal data collected will be retained and processed via an electronic system managed by the Company, located on the premises of the Company as indicated above. The Company currently uses a third party for hosting and your personal data is currently collected, stored and maintained on the third party’s servers in the European Union although this location may change over time. For up to date information on the location of our servers (or those of our service providers), please email us at info@tismo.ch Moreover, the Company may, directly or through third parties, provide technical management and maintenance services for the Website. Other companies belonging to the TisMO group may participate in the processing of data as part of the functioning of the Website and the provision of services and features offered by the Website.
Limitation of liability
To the maximum extent permitted by applicable law, in no event, including but not limited to negligence, shall Tismo, any of its affiliated companies, or any of their directors, officers, employees, shareholders, agents or content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the products or services available on the Website, your provision of information via the Website, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you. This provision does not apply to residents of the State of New Jersey. In no event shall the protected entities be liable for or in connection with any content transmitted, exchanged or received by or on behalf of any user or other person on or through the Website. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these Terms and Conditions or your use of the Website or any product ordered via the Website exceed, in the aggregate, $100.
We may provide you with access to third-party tools, content, or services (collectively “Third-Party Tools”) over which we neither monitor nor have any control nor input, such as BitPay. WE PROVIDE ACCESS TO SUCH THIRD-PARTY TOOLS ”AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND AND WITHOUT ANY ENDORSEMENT. WE SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THIRD-PARTY TOOLS. ANY USE BY YOU OF THIRD PARTY TOOLS OFFERED THROUGH THE WEBSITE IS ENTIRELY AT YOUR OWN RISK AND DISCRETION AND YOU SHOULD ENSURE THAT YOU ARE FAMILIAR WITH AND APPROVE OF THE TERMS ON WHICH TOOLS ARE PROVIDED BY THE RELEVANT THIRD-PARTY PROVIDER(S).
Trademark notice
The trademarks, logos, service marks and trade names (individually, a “trademark” and collectively, the “trademarks”) displayed on the Website or on content available through the Website are registered and unregistered trademarks of TisMO and others and may not be used unless authorized by the trademark owner. All trademarks not owned by us that appear on the Website or on or through the Website’s services, if any, are the property of their respective trademark owner. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use, copy, reproduce or publish any trademark displayed on the Website without our written permission or that of the third party trademark owner. Your misuse of the trademarks displayed on the Website is strictly prohibited.
Copyright notice
All content (including TisMO Materials) on the Platforms are either Copyright © TisMO or are licensed for use by TisMO.
All rights are reserved. Please refer to the section above on Use of Materials on the Platforms.
Claims of infringement
TisMO respects your copyrights and other intellectual property rights and those of other third parties. If you believe in good faith that your copyrighted work has been reproduced on the Website without your authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent by mail or email at:
TISMO LTD.
32 London Bridge St, London SE1 9SG, United Kingdom
Please provide the following information to the TisMO Copyright Agent and any other information that may be required by the Digital Millennium Copyright Act: (1) the identity of the allegedly infringing work and its location on the Website; (2) your name, address, daytime phone number, and email address, if available; (3) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law; (4) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner; and (5) your electronic or physical signature. TisMO will take whatever action, in its sole discretion, it deems appropriate, including the removing the allegedly infringing work from the Website.
Links & linking
The Platforms may contain links to other platforms operated by third parties not affiliated to TisMO. The inclusion of any link to such third party sites does not imply endorsement by TisMO of those sites. TisMO has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the Platforms. If you choose to click through any link to off-site pages or third party sites then this is at your own risk. TisMO does not authorise linking to any of its Platforms from a third party platform without its express prior written authorisation.
Termination and suspension
You agree that TisMO may terminate or suspend your access to and use of the Platforms if TisMO reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of TisMO, its affiliated companies or any third party, with or without notice to you. You agree that TisMO may modify or discontinue providing any of the Platforms, with or without notice to you. You agree that TisMO will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled “Limitation of liability” and “General provisions” will survive termination of these Terms of Use.
General provisions
Unless otherwise specified, the information and materials presented on the Platforms are presented solely for the purpose of promoting TisMO products and services and in certain cases to present products for sale via a variety of means. TisMO makes no representation that TisMO Material is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to TisMO Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, the Platforms may identify products that are not available worldwide.
If any provision, or part of a provision, of these Terms of Use is found to be illegal, invalid or unenforceable, that provision or part-provision 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.
These Terms of Use constitute the entire agreement between you and us in relation to the use of the Platform, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
Updates to these Terms of Use
We may make changes from time to time to these Terms of Use so please check back regularly to keep informed of updates. The latest version of these Terms of Use will always be available on the Platform.
Any new version of these Terms of Use shall take effect and will govern the use of the Platform and your relationship with us immediately upon the date of posting. By continuing to use the Platform, you agree to be bound by the terms of these updates and amendments.
Use of materials on the Platforms
TisMO has created its various Platforms to provide information about its company and products for your personal use. Whilst considerable effort has been made to ensure that the visual representations of TisMO products displayed on the platforms are representative of the colour, design and style etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, TisMO cannot be held liable for any apparent differences in the product images represented on the Platforms and the original products. We strongly advise you visit one of our boutiques or authorised retailers prior to making a purchase online or by phone.
You may download one computer copy or print one copy of the material made available to you via the Platforms, or download the application on to your mobile device, for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the Platforms (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) (“TisMO Material”) are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.
You are not authorised to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any TisMO Material in any way for any public or commercial purposes. Furthermore, TisMO Material may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Use, your permission to use TisMO Material will automatically terminate and any copies made of TisMO Material must be immediately destroyed. Any unauthorised use of TisMO Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Your submissions and unsolicited communications
This section concerns communications sent to TisMO. It does not concern the communication of personal information to TisMO in relation to customer enquiries, the use of services or the purchase of products by phone or through the Platform. The latter is governed by the rules stipulated in the Privacy Policy.
Any unsolicited communication or material that you transmit to TisMO via the Platforms or through social media, by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by TisMO. By sending communications to TisMO, you automatically grant TisMO a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence 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. Anything that you transmit may be used by TisMO and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.
Furthermore, TisMO 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 TisMO creations. As a result, TisMO cannot agree to or accept to be the receiver of unsolicited proposals of collaboration. Indeed, it is conceivable that TisMO may already be working on similar ideas and/or creations. Consequently, you are advised that TisMO is not interested in receiving ideas or other proposals relating to creations you may wish to submit.
Applicable law and jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of Switzerland or UK, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of Use, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with said Terms of Use. Where the laws of Switzerland or UK are different to the mandatory consumer laws in your own country, we will afford you with similar protection.
Contact us
If you have any questions or comments about these Terms of Use, or matters generally, 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.
Manufacture TisMO LTD., 32 London Bridge St, London SE1 9SG, United Kingdom
These Terms of Use shall be governed by and construed in accordance with the laws of Switzerland or UK without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of Use, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with said Terms of Use. Where the laws of Switzerland are different to the mandatory consumer laws in your own country, we will afford you with similar protection.
