Terms of Use

Last updated: 1st February 2021

1. NFINITIV'S IT-PLATFORMS AND TERMS OF USE

1.1. In the present terms of use (“Terms of Use”), nfinitiv means nfinitiv.com, a Luxembourg-based company, and any of its subsidiaries (“nfinitiv”).

1.2. nfinitiv’s websites and mobile applications (collectively the “IT-Platforms”) are owned and edited by nfinitiv and use thereof is governed by these Terms and Conditions.

1.3. Please take the time to read these Terms and Conditions 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 and Conditions. If you disagree with any provisions of these Terms and Conditions, then you are not allowed to continue using the IT-Platforms.

1.4. nfinitiv may from time to time modify and/or remove parts or all of the Terms and Conditions at its sole discretion. The new dated version of the Terms and Conditions 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.

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 nfinitiv trademarks or are licensed for use by nfinitiv by third parties. Also, as a general rule, all IT-Platforms Content on the IT-Platforms are either Copyright © nfinitiv or are licensed for use by nfinitiv.

2.3. Unless otherwise provided herein, nothing contained on the IT-Platforms should be construed as granting any license or right to use any IT-Platforms Content without Breitling’s 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 nfinitiv will enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution, for serious offences.

3. RESTRICTIONS

3.1 You are specifically restricted from all of the following:

publishing any Website material in any other media;
selling, sublicensing and/or otherwise commercializing any Website material;
publicly performing and/or showing any Website material;
using this Website in any way that is or may be damaging to this Website;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and nfinitiv may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

4. YOUR CONTENT

4.1 In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant nfinitiv a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. nfinitiv reserves the right to remove any of Your Content from this Website at any time without notice.

5. YOUR PRIVACY

All and any material or personal information sent to nfinitiv’s IT-Platforms is subject to nfinitiv’s policy on privacy and protection of personal data set out in the Privacy Policy available on the IT-Platforms.

Please see Privacy Policy.

6. NO WARRANTIES

This Website is provided “as is,” with all faults, and nfinitiv express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

7. TRANSACTIONS

7.1. The following applies only to products, services and property which are offered/sold by nfinitiv (if any) on the Platform:

(a) while we endeavour to provide accurate descriptions of products, services or properties sold by nfinitiv on our Platform, we do not warrant that such descriptions are accurate, current or free from error.
(b) all listing prices are not subject to taxes, unless stated otherwise. We reserve the right to amend the listing prices at any time without giving any reason or prior notice.
(c) nfinitiv shall be entitled to cancel or terminate our obligations to fulfill any order, for any reason whatsoever, even after an order is confirmed by, and paid for by you, with or without notice. nfinitiv shall not be liable to any party for such termination or cancellation; and
(d) nfinitiv is under obligation to entertain cancellation request once an order is confirmed by and paid by you under the consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament.

7.2. You are responsible for all transactions made through our shop, whether without or without your authority, knowledge, or consent, and you may not claim against us in connection with any such use or purported use for any transaction.

7.3. You acknowledge that parties other that nfinitiv may list, provide and/or sell products, services, or property on our Platform. Whether a particular product, service or property is listed on our Platform by nfinitiv or a third-party vendor may or may not be stated on our Platform. For the avoidance of doubt, you acknowledge and agree that your purchase of any products, services, or property via our Platform from a third-party vendor and/or any application which you make via our Platform for credit card services offered by a third-party vendor, creates a direct relationship between you and that third party vendor. In this respect, we are not responsible or liable for the actions or inactions of a third-party vendor in relation to you and vice versa, or for any products, services, or property which you purchase from such third-party vendors and/or the credit card services which you have applied to obtain from such third-party vendors. You will resolve any dispute directly with such third-party vendors. If the dispute is notified to us, we will attempt in good faith to facilitate resolution of the dispute, but we are under no obligation to resolve the same.

8. PAYMENTS

8.1. You may make payments on our Platform using any of the following payment methods:

(a) Major credit cards and debit cards (such as Visa, MasterCard, and UnionPay).
(b) Any other payment method which we make available on our Platform from time to time.

8.2. The availability of the payment methods may vary depending on the country where your payment account is located. We will display the available payment methods to you on the checkout page before you confirm your purchase or order on our Platform. We reserve the right to discontinue or suspend any payment method on our Platform without giving notice to you.

8.3. Your payment will only be processed upon confirmation of your purchase, order and/or application (“Purchase”) by us or the relevant third-party vendor. If you are making payment to a third-party vendor, you acknowledge that we are authorised to collect such payment on behalf of the third party vendor.

8.4. If you fail to make payment or if your payment is unsuccessful for any reason, we have the right to suspend your Purchase until payment is made or to cancel your Purchase altogether. We will notify you of any such suspension or cancellation of your Purchase.

8.5. We use third-party payment processors (“Payment Processors”) to facilitate payments on our Platform. The processing of payments will be subject to the terms & conditions and privacy policy of the Payment Processor in addition to these Terms of Use, and you agree that you are subject to such terms & conditions and privacy policy. While we will use all reasonable endeavours to secure the transmission of information to the Payment Processors, we are not responsible for any errors by the Payment Processor. You shall settle any claim against or dispute with any Payment Processor directly with the Payment Processor and not with us.

8.6. Any refund of payment for a Purchase will be made through the payment method used for the payment. In making such refund, we shall have the right to deduct or withhold from the amount to be refunded to you any fees and costs due to us and/or the Payment Processor.

9. REFUND POLICY

9.1 You may cancel your order from the date you place the order until 14 days after the receipt of the ordered item(s).

9.2 If you wish to cancel your order, please provide us with notice in writing via email to info@nfinitiv.com. We will provide a refund attempting to use the same method used to make the payment as soon as possible and at least within 14 days of receiving your notice of cancellation, provided we have received your email. Another payment may be used for the refund, provided that you consent to such change; in any case this will not generate any additional charges.

9.3 Right of refusal for a Refund: Given the nature of the work we conduct, if the delivery is ‘final’ and you request a refund upon delivery under these circumstances unfortunately you lose your right for a full refund.

10. LIMITATIONS OF LIABILITY

In no event shall nfinitiv, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. nfinitiv, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

11. INDEMNIFICATION

You hereby indemnify to the fullest extent nfinitiv from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

12. SEVERABILITY

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

13.VARIATIONS OF TERMS

nfinitiv is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

14. ASSIGNMENT

nfinitiv is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

15. ENTIRE AGREEMENT

These Terms constitute the entire agreement between nfinitiv and you in relation to your use of this Website, and supersede all prior agreements and understandings.

16. GOVERNING LAWS & JURISDICTION

These Terms shall be governed and construed in accordance with the laws of Luxembourg, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Products or Service, and supersede and replace any prior agreements we might have between us regarding the Service.