TERMS & CONDITIONS

The following terms and conditions govern all use of the Prochronos website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Prochronos B.V (“Prochronos”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Prochronos Privacy Policy and User Rules and Policy) and procedures that may be published from time to time on this Site by Prochronos (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Prochronos, acceptance is expressly limited to these terms. The Website is available only to individuals who are legitimate watch dealers with registered businesses within the EU.

1. Your Prochronos Membership and Account. If you create an account and register, you must comply to give us the correct information about you and your business. When/if your information and account is verified and accepted you will gain a Prochronos membership and access to the Website. You are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not assist any unregistered users to gain access to the information and content to any part of the website. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Prochronos may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Prochronos liability. You must immediately notify Prochronos of any unauthorized uses of your blog, your account or any other breaches of security. Prochronos will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Prochronos is not responsible for the watches and deals made on the website as we are a platform.

2. User Rules and Policy. When using Prochronos website, you must acknowledge and agree to be bound by the User Rules and Policies. Please see the User Rules & Policy page for more detailed information.

3. Shipment and Payments of the Watches. There are no payments or shipments of the watches on the website. After each Prochronos deal, the dealers are responsible for communicating and organizing the payments and shipments through their own businesses. We do not take any responsibility of the watches and deals.

4. Privacy. By registration, you authorize us to use, store or otherwise process information that is related to you and identifies you to provide the services offered on our website. You must comply to give us the accurate and correct information about you and your business and represent yourself and your business truthfully on the website to other dealers. By accepting the Terms and Conditions, you agree to the disclosure and processing of your Personal and Business details for the supply of the Services. We reserve the right to charge a possible administration fee to deal with any request to review, update or delete your details on the website. Please visit our Privacy Policy carefully on the Privacy Policy page in order to understand our practices when you are using our website. You understand and agree to be bound by the terms of our Privacy Policy.

5. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Prochronos or otherwise.

By submitting Content to Prochronos for inclusion on your Website, you grant Prochronos a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Prochronos will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Prochronos has the right (though not the obligation) to, in Prochronos sole discretion (i) refuse or remove any content that, in Prochronos reasonable opinion, violates any Prochronos policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Prochronos sole discretion. Prochronos will have no obligation to provide a refund of any amounts previously paid.

6. Payment and Renewal.

  • General Terms. By selecting a service, you agree to pay Prochronos the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). You can find the details of the services and fees on the website. Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. You must comply that all of the details you provide for paying Prochronos services are accurate and correct. You must pay with your own or your company’s credit or debit card, bank account or other payment methods, and they must be sufficiently funded and credited to cover the costs of the fees you are paying for. We have the right for validating your payment method details before providing you any services from the website. Payments are not refundable.
  • Automatic Renewal. Unless you notify Prochronos before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Prochronos in writing (email notification must be sent to Prochronos to the email address published on the website). However, unused fees might not be returned to you.

7. Services.

  • Fees; Payment. By signing up for a Services account you agree to pay Prochronos the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Prochronos reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you (written notice- notification email sent to the email address that you have registered with). Services can be canceled by you at anytime on thirty (30) days written notice to Prochronos (email notification must be sent to Prochronos to the email address published on the website). However, unused fees might not be returned to you.
  • Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Prochronos to respond within three business days) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free Prochronos services. All support will be provided in accordance with Prochronos standard services practices, procedures and policies.

8. Responsibility of Website Visitors. Prochronos has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Prochronos does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Prochronos disclaims any responsibility for any harm resulting from the use by users/visitors of the Website, or from any downloading by those visitors of content there posted.

9. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Prochronos links, and that link to Prochronos. Prochronos does not have any control over those non-Prochronos websites and webpages, and is not responsible for their contents or their use. By linking to a non-Prochronos website or webpage, Prochronos does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Prochronos disclaims any responsibility for any harm resulting from your use of non-Prochronos websites and webpages.

10. Copyright Infringement. As Prochronos asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Prochronos violates your copyright, you are encouraged to notify Prochronos via email to the email address published on the website. Prochronos will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Prochronos will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Prochronos or others. In the case of such termination, Prochronos will have no obligation to provide a refund of any amounts previously paid to Prochronos.

11. Intellectual Property. This Agreement does not transfer from Prochronos to you any Prochronos or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Prochronos. All of the content such images, logos, names, texts, design (graphic and written), button icons, audio clips, digital downloads, data compilations, photos, videos, music, software and other original content on the website are intellectual property of Prochronos and are protected by international copyright laws. Prochronos, the Prochronos logo, and all other trademarks, service marks, graphics and logos used in connection with Prochronos, or the Website are trademarks or registered trademarks of Prochronos or Prochronos licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Prochronos or third-party trademarks. Any unauthorized use or replication of the copyrighted material will be a violation of Prochronos’ copyrights.

12. Advertisements and Material. You might see advertisement from our users or other companies on the website. The advertisers are entirely responsible for the content of their own advert material on the website. The advertisers also are responsible for making sure that the advert follows relevant legislations. Therefore, we do not take responsibility for the content of the advertisement material that is submitted to us. Prochronos reserves the right to display advertisements on your blog unless you have purchased an ad-free account.

13. Attribution. Prochronos reserves the right to display attribution links such as ‘Blog at Prochronos,’ theme author, and font attribution in your blog footer or toolbar.

14. Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.

15. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

16. Changes. Prochronos reserves the right, at its sole discretion, to modify or replace any part of this Agreement. Prochronos encourages visitors to frequently check this page for any changes to its Terms and Conditions. If you have a Prochronos account, you might also receive an alert informing you of these changes. Your continued use of this website after any change in these Terms and Conditions will constitute your acceptance of such change. Prochronos 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 this Agreement.

17. Disclaimer of Warranties. The Website is provided “as is”. Prochronos and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Prochronos nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous, without delay or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. You are not allowed to try to interfere with security, hack or disturb any software, computer, website, server, router or other internet connections and devices. The website may take several changes to its design, content and functions without further notifications.

18. Force Majeure. You understand in a case of an unfortunate event, that the access and usage of the website may be delayed or interrupted. We do not guarantee that the website content, function and services will be error and defect free, and that there will not be any interruptions or delays in the website.

19. Termination. Prochronos may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Prochronos membership and account (if you have one), you should notify Prochronos in writing (sending an email to the published email address on the website) and discontinue using the Website. Your account details will be saved in our database for 1 year after the cancellation of your account for statistical purposes, and in case of rejoining Prochronos. You cannot cancel your membership if you have any of your own listings active or active listings where you are the highest bidder. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Prochronos if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Prochronos notice to you thereof; provided that, Prochronos can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

20. Limitation of Liability. In no event will Prochronos, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Prochronos under this agreement during the six (6) month period prior to the cause of action. Prochronos shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. We do not guarantee the currency, prices, accuracy, reliability, condition, completeness or availability of the listings and information and material published on the website. Therefore, we do not accept any liability for the listings, watches, condition or content (images or text), completing the deals with payments and shipments, or for any damage or loss of data, profit, revenue or business either indirect or direct resulting from using the website services or use of the material or information published on the website. We will do our best to give you access to the website at all times, however we cannot guarantee that the website will be accessible at all times in case of technical or other errors. We will do our best to ensure you that all of the content published on the website by us, will be accurate but we cannot guarantee error free material and information on the website.

21. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with all of the Prochronos Terms and Policies, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

22. Indemnification. You agree to indemnify and hold harmless Prochronos, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

23. Miscellaneous. This Agreement constitutes the entire agreement between Prochronos and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Prochronos, or by the posting by Prochronos of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Netherlands, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Netherlands. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Prochronos may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

24. Abusive Behaviour. Abusive and irresponsible behavior such as using harmful and rude language, posting inappropriate or offensive text or images, bothering or spamming other users, posting fake or defamatory content may end into suspension or termination of your account.

25. Illegal Activity. Although we are not responsible for the watches that are on sale on the website, we do not tolerate any illegal activity of the watches. If we hear or see any suspicious activity with any watches, payments and dealers, we have the right to terminate your membership and account immediately without further notice. We may also have to inform the authorities on any illegal activities that we are aware of.

26. The Agreement. This Agreement, together with our current website services, prices, and contact details represents the whole of our agreement relating to the supply of the Services to you by us. Anything else said by any staff member or representation from Prochronos should not be taken as an alternative of these terms and conditions or taken as an authorized representation about the quality or nature of the services offered by us. You understand that this Agreement takes over all prior agreements and discussions among the parties related to the matter of the agreement. Therefore, we do not take liability for other representation and responsibility for any fraud or fraudulent misrepresentation by others, other than this Agreement.

27. General Information. We may at any time, novate, assign or subcontract all or any of our obligations and rights under these terms and conditions. You may not transfer or assign your rights under this Agreement. We may change the Agreement at any time and releasing it on the website. We have the right to forbit users from the website temporarily or permanently based on our discretion. The users who have been forbitten to use the website must not attempt to use or register again to the website using the same or different account.

28. Violating the Terms and Conditions. If you by any means violate the terms and conditions, we are allowed to suspend or terminate your membership and access to the website immediately without notice. In the case of any paid fees that are unused will not be returned to you.

29. Replacement. These Terms and Conditions replace all other previous terms and conditions on our website. These Terms and Conditions are up to date from 11th July 2018.

30. Governing Law & Jurisdiction. These Terms will be governed by and construed in accordance with the laws of the Netherlands and you submit to the non-exclusive jurisdiction of the state and federal courts located in the Netherlands for the resolution of any disputes.