Terms and Conditions
Terms & Conditions of Registration
- THIS AGREEMENT
a) Agreement to these Terms and Conditions (the “Agreement”) represents the entire agreement between Global Watch Database Limited (“GWD”), a company registered in Ireland with company number 742702 (registered office: Upper Cranford Centre, Montrose, Dublin 4), and trading as Global Watch Database, its affiliates and subsidiaries, and you (“the Client”) (together “the Parties”).
b) This Agreement supersedes all prior oral or written agreements, arrangements or understandings between the Parties.
c) The Client acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of GWD which is not set out in this Agreement. - INTERPRETATION
a) In this Agreement:
i) use of the singular includes the plural (and vice versa) and reference to any gender includes all genders;
ii) any reference to a person shall include a firm or limited company;
iii) reference to any law or statute includes a reference to that law or statute as from time to time amended and to any orders, statutory instruments or regulations made under that law or statute; and
iv) reference to writing or written includes emails.
b) Headings to clauses contained in this Agreement are inserted for convenience only and they do not form part of or affect the interpretation of this Agreement. - DEFINITIONS
a) “Database” means the computerised register of ownership, interests, and missing or stolen items maintained by GWD;
b) “Watch” means any watch that is registered, stolen, lost, the subject of a fraud, the subject of a lien or other security interest in the Client’s favour, or any watch in which the Client has a contingent interest subject to a dispute;
c) “Registration Fee” means the relevant fee for registration currently advertised on the GWD website. - THE SERVICES WE OFFER
4.1 THE REGISTRATION SERVICE
a)Upon payment of the Registration Fee, and subject to its right to withdraw any listing, GWD agrees to register Watches on the Database on behalf of the Client (the “Registration”). Other than this Registration, no warranties, promises or undertakings are being made to the Client through this Agreement. The Registration Fee is non-refundable.
b) GWD at all times has the right to determine whether a Watch qualifies to be included or maintained in the Database. Should GWD decline to register or, having entered, subsequently delete a Registration it will promptly notify the Client of such decision. GWD will not be required to give any reason for its decision and nor will the Registration Fee be refunded to the Client.
c) Watches can be searched against the Database prior to Registration, and in the event that a Watch matches an item already listed on the Database as currently lost or stolen, the Client confirms that it will cooperate with GWD in securing the return of the Watch to its rightful owner, and if currently holding the Watch which is a match for one already on the Database, the Client will continue to hold it and will not release it to a third party.
d) On completion of Registration, confirmation of Registration shall be provided to the Client with a certificate of registration which they have the option to download and print.
e) Should GWD request further information from the Client that in its sole opinion it considers necessary to complete or correct the Registration, and the Client fails to provide the requested information within 14 days thereafter, or within such other timescale as may be set by GWD, GWD may decline to complete / advertise the Registration. In such circumstances the Registration Fee is not refundable.
f) Note that the Database is consulted or searched in response to appropriate enquiries from, amongst others, the Client and other clients, insurance companies, law enforcement agencies, auction houses, art dealers, museums, and private citizens.
g) The Client recognises that GWD has contractual obligations to, and may be paid by, any party who consults, searches or registers items on the Database.
h) In the event that any search of the Database reveals a match with a Watch already registered by the Client, GWD reserves the right to notify the Client of this match.
i) The Client recognises that there may be occasions when, due to instructions from law enforcement agencies, GWD will be obliged to delay notifying the Client and no liability will fall on GWD for such late notification.
j) GWD reserves the right to refuse service, terminate accounts, or remove or edit content, at its sole discretion.
h.) If the client cannot find the correct make and/or model on the GWD site for their watch they wish to upload, prior to uploading, they will notify GWD by email and we will assist them.
4.2 IF A WATCH IS STOLEN
a) GWD will offer assistance if requested by the Client, and will comply with and assist law enforcement agencies to recover the registered Watches that are reported stolen. GWD reserves the right to liaise with third parties, to investigate, mediate and/or research a watch that has or is registered on the GWD database, in respect of which the Client has suffered loss or theft.
b) In the event that the Client does not have full title to a Recovery, the Parties will use their best endeavours to obtain the agreement to the Recovery Process of any other parties with an interest; including, but not limited to, any insurer.
c) GWD may advise law enforcement agencies, any relevant insurer and any other parties with an interest in, or that GWD believes ought to be notified of, the Recovery process.
d) The Client will promptly notify GWD in the event that a Watch the subject of this Agreement has been recovered and/ or delivered to the Client by a third party; or the Client is approached by a third party holding information that may be relevant to the location or recovery of a Watch; or the Client secures some benefit from its location or sale. - LIMITATION OF LIABILITY
a) GWD shall under no circumstances whatsoever be liable to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this Agreement; and
b) GWD’s total liability to the Client in respect of all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise. - CONFIDENTIALITY
a) Unless the Client specifically permits disclosure, information provided by the Client will be kept confidential.
b) It is, however, understood and agreed that GWD may from time to time be under a legal obligation to disclose information in the course of its operation. In particular the Client acknowledges the right of GWD to search its Database and in the event of a match to a Watch to notify not only the Client but also any insurer of the item, loss adjuster, law enforcement agencies or any other party that in its absolute discretion GWD considers should be notified.
c) The restrictions herein contained shall not apply to any information which is in, or comes into, the public domain (otherwise than in consequence of a breach by the party to whom the information was disclosed); or can be demonstrated to have been lawfully in the other party’s possession prior to disclosure; or is required to be disclosed by a legally enforceable request from a competent law enforcement authority or Order from a competent court of law.
d) The Client agrees that no information provided by GWD to the Client will be released to any third party without the prior written consent of GWD, which shall not be unreasonably withheld or delayed. - WARRANTIES BY THE CLIENT
a) By registering a Watch the Client warrants:
i) the accuracy and completeness of any information supplied to GWD;
ii) to fully, accurately and promptly disclose to GWD any information which may be relevant to the Watch’s ownership pertaining to the Watch, any third party interests in the Watch, or any other information which may be relevant to GWD;
iii) to cooperate fully with GWD in order to ensure the accuracy of the Database, and notify GWD as soon as it ceases to have an interest in any Watch;
iv) that it has a registrable interest in the Watch/Watches;
v) that where a Watch is the subject of an insurance policy all relevant details of cover and the identity of the insurer have been provided.
b) In the event that the Client becomes aware of the possible recovery of a Watch that has been registered as lost or stolen, or is contacted by any other party in relation to the possible recovery of a lost or stolen object, the Client warrants that it will contact GWD immediately. The Client also warrants that it will keep GWD advised of any and all negotiations relating to a Watch or its recovery.
d) The Client warrants that GWD has permission to reproduce any Watch whether by photograph or by illustration (including by electronic means) and the Client warrants that it will indemnify GWD against all claims arising from an infringement or alleged infringement of copyright, which are made by any party in connection with GWD’s use of any photograph or illustration of a Watch in the conduct of its business.
e) The Client warrants that it will promptly notify GWD in the event that a Watch has been recovered and/or delivered to the Client by a third party; or the Client is approached by a third party holding information that may be relevant to the Location or Recovery of a Watch; or the Client secures some benefit from the Location or sale of a Watch.
f) The Client warrants that no information provided by GWD to the Client will be released to any third party without the prior written consent of GWD, such consent shall not be unreasonably withheld or delayed. - INDEMNITY
The Client agrees to indemnify GWD from any claim, loss or expense (including reasonable legal fees in defending any such claim) whatsoever and howsoever arising out of or relating to:
a) the use of information contained in the Database by a third party, where such information has been made available to that third party by the Client, unless prior written consent to such disclosure has been provided by GWD; and
b) any use by the Client of the Registration, or reference to GWD or the Registration, in dealings with a third party which leads to GWD being drawn into a dispute. - NO AGENCY OR PARTNERSHIP
Nothing in this Agreement shall be deemed to constitute either party the agent of the other nor shall this Agreement create a partnership between the parties. - NOTICES
a) Any notice given under this Agreement must be in writing and sent either by:
b) electronic mail, or by hand, in which case such notice shall be treated as being received on the day it is delivered unless delivery occurs after the normal working hours of the recipient, in which case delivery shall be treated as having occurred on the next working day; or
ii) registered post in which case such notice shall be treated as being received 2 working days after the date of posting.
b) The address of each party for the service of notices shall be as set out in this Agreement (unless or until that address is changed by notice given under this clause). - SEVERABILITY
a) If any provision or part provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Agreement.
b) If one party gives notice to the other of the possibility that any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision. - THIRD PARTIES
A person who is not a party to the Agreement shall not have any rights to enforce its terms. - CONFLICT
Where any conflict or contradiction appears between the client and GWD and any other relevant terms and conditions, policies or notices, the terms of this Agreement shall prevail. - PROPER LAW AND JURISDICTION FOR DISPUTES
a) The construction, validity and performance of this Agreement shall be governed by the laws of Ireland.
Terms & Conditions of Search
Watch Searching Agreement
Between Global Watch Database Limited (“GWD”), a company registered in Ireland with company number 742702, trading as Global Watch Database, its affiliates and subsidiaries, and you (“the Client”).
- In return for payment of the agreed fee the Client can submit searches for watches via the Global Watch Database website, to check whether a watch is registered as lost or stolen, on the GWD database.
- In submitting searches, the Client will provide full and accurate information.
- In the event that the Client is unable to supply the information required by GWD to complete a search of a watch against its database or provides inaccurate information at the time of submission then no refund will be payable.
- It is important to note that not all lost and stolen watches are registered on the GWD database or any other database. This search is a minimum level of due diligence and does not exclude the need for the Client to check the credentials of the seller, the ownership and the authenticity of the watch by any other means.
- The GWD will confirm the result of the search to the Client. The result of the search is the status of the watch – when it was last listed/updated by the owner – at the time that the search is submitted. The status of any watch may change in future, and it is therefore advisable to submit a search at the point of every transaction.
- In the event of a match with the database, the GWD client will endeavour to hold the watch if it is in their possession and will co-operate fully with Law Enforcement if required. In the event of theft, co-operation may require the Client to disclose the identity of the person offering the watch to them, together with any contact details for them, to law enforcement. The Client should never endanger themselves or any third parties if they find they are in possession of a stolen watch, or a watch marked as status “Stolen”.
NOTE: Please note that the status of the watch may not have been updated so if in any doubt, we recommend you contact law enforcement first and foremost to confirm accordingly. Global Watch Database relies on customers to keep their watches registered under the correct status to prevent any possible confusion. GWD is not responsible for incorrect or outdated data entries at any point from the time a watch is first registered. - The information provided by the Client is confidential and will not be disclosed to any third party except law enforcement agencies, insurance companies, theft victims and their representatives when GWD considers it reasonable to do so. For the avoidance of doubt, once a match with the database has been identified GWD will endeavour to aid the relevant
legal authorities if requested, on the details of the Client and their seller to any such relevant third parties. - The Client is advised to warn the potential seller that the Client is conducting a search on GWD. The Client should secure their seller’s explicit consent to the transfer of their personal data, so that it can be passed onto law enforcement agencies, insurance companies, theft victims and their representatives in the event of a match on a “stolen” watch. By submitting a “search” the Client warrants that they have secured this consent.
- Our Certificates are not a confirmation of authenticity.
- Global Watch Database Limited will not be liable to the Client, our database is there simply to provide data entries at a given time for a watch and all information provided is considered correct upon entry and at the discretion of the client.
- This Agreement is governed by the laws of Ireland and the EU.
- The parties agree that if they cannot amicably resolve any dispute arising out of, or in connection with this Agreement, they will attempt a resolution through mediation prior to any proceedings being issued. The parties agree that the courts will have exclusive jurisdiction to hear any such proceedings, in the event that the dispute cannot be resolved
amicably or through mediation.