Disclaimer
Smiths Watch Co. Ltd.
Is in no way affiliated with any other companies trading with similar name(s) past or present.
1. Terms of Use
This web site (Web Site) is owned and operated by the Smiths Watch Co. Ltd. Registered in the United Kingdom No: 340492
By accessing or using the Web Site, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in the following documents and contained elsewhere on the Web Site (known collectively as the Terms of Use).
2. Disclaimer
While Smiths Watch Co. Ltd. has used its best endeavors to ensure that information, text, material, images and graphics (Content) contained in and accessed through the Web Site is correct and current at the time of publication,
Smiths Watch Co. Ltd.is not responsible for errors, omissions or defects in the Content, nor liable for any direct, indirect, incidental, special and/or consequential damages, in whole or in part, resulting from your use or any user's use of or reliance upon the Content or Content in any third party web sites (Third Party Sites) linked to the Web Site.
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3. Limitation of Liability
The Web Site is provided by Smiths Watch Co. Ltd. on an 'as is' basis. To the fullest extent permissible by law:
(a) Smiths Watch Co. Ltd. does not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the Web Site or the Content or products on the Web Site;
(b) Smiths Watch Co. Ltd.expressly disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose;
(c) Smiths Watch Co. Ltd. does not warrant that the functions on the Web Site will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits Content to you is free of viruses or other harmful components; and
(d) Smiths Watch Co. Ltd. does not warrant or make any representation regarding your access to, or the results of your access to, the Web Site (including any Third Party Sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
Under no circumstances (including but not limited to any act or omission on the part of Smiths Watch Co. Ltd. does Smiths Watch Co. Ltd. accept liability for any direct, indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access, the Web Site. You expressly acknowledge and agree that the Smiths Watch Co. Ltd. does not exert control over users of the Web Site (including individuals referred to on the Web Site) and is not liable either for their opinions or their behavior including any Content and/or advice and any defamatory statements or offensive conduct.
Smiths Watch Co. Ltd. liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of the Smiths Watch Co. Ltd.
To the following:
(i) In the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
(ii) In the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.
4. Third Party Sites and Advertising
This site may contain links to Third Party Sites. Whilst Smiths Watch Co. Ltd. may be associated or affiliated with Third Parties, Smiths Watch Co. Ltd. is not associated or affiliated with any Third Party Site and the Content in any Third Party Sites is not produced by nor is it the responsibility of
Smiths Watch Co. Ltd.
Smiths Watch Co. Ltd. does not sponsor, endorse or support, in any way, the goods, services or Content supplied by or displayed on Third Party Sites.
We do not permit the Web Site to be linked to any Third Party Site without our prior written consent. If you would like to link the Web Site to a Third Party Site please email smithswatch@aol.com
5. Grant ofLicence by User to Smiths Watch Co. Ltd.
If you place any information or other material on the Web Site including without limitation posting messages, uploading files, inputting data or engaging in any form of communication, subject to the Privacy Policy, you grant Smiths Watch Co. Ltd.
(a) A perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwidelicence to:
(i) use, copy,sublicense, redistribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform or display the information or material; and
(ii)sub licence to any third party the unrestricted right to exercise any of the rights outlined in sub-paragraph (i) above; and
(b) the right to exploit all proprietary rights in any information or material including, without limitation, rights under copyright, trademarks, designs and/or patent laws in any jurisdiction worldwide.
You agree to execute and deliver to Smiths Watch Co. Ltd. all instruments and take all action that may be required to carry out this grant oflicence.
6. Warranties
If you place any Content on the Web Site including without limitation posting messages, uploading files, inputting data or engaging in any form of communication you warrant that have obtained all the necessary assignments orlicences in respect of any Content supplied by a third party to you, including without limitation any authoring tool, application software or other program used in the development and production of the information supplied.
7. Copyright and restriction on use of Content
Smiths Watch Co. Ltd... All rights reserved. All content, software and advertisements on the Web Site are protected by United Kingdom and international copyright and trademark laws. Content on the Web Site is published in real-time. Using an industry standard Web browser, you may download, display and browse the Content including making copies in a temporary storage device necessary to facilitate browsing and print hard copies in unaltered forms for your own personal, non-commercial use provided that you:
(a) do not download the Content in its entirety as a single file;
(b) do not modify the copy of the Content from how it appears on the Web Site;
(c) include the copyright notice Smiths Watch Co. Ltd. The copy of the Content; and
(d) comply with all provisions of the Copyright Act 1968 (Cth) and all other relevant United Kingdom and international copyright and trademark laws.
You must not otherwise modify, copy, reproduce, adapt, frame, publish, transmit (including broadcast), distribute, upload to a third party, link to or otherwise use any of the material on the site, including audio and video excerpts, except as expressly permitted by law or with Smiths Watch Co. Ltd. prior written consent.
You must not use the Web Site in any manner or for any purpose that:
(a) is unlawful;
(b) violates any rights of Smiths Watch Co. Ltd.; or
(c) is prohibited by the Terms of Use.
8. Trademarks
You may not use the Smiths Watch Co. Ltd. trade marks in connection with any product or service that does not belong to Smiths Watch Co. Ltd. or in any manner that is likely to cause confusion or that disparages or discredits Smiths Watch Co. Ltd.
You may not use Smiths Watch Co. Ltd. trade marks in any way, including, without limitation, in advertising or publicity relating to distribution of materials, without the express prior written permission of Smiths Watch Co. Ltd.
All other trade marks displayed on the Web Site are trade marks of their respective owners. Nothing contained on the Web Site should be construed as granting alicence or right to use of any trade mark displayed in the Web Site without the express prior written permission of Smiths Watch Co. Ltd. the owner of the relevant trade mark.
9. Applicable Law
The Terms of Use are governed by and to be construed in accordance with the laws of the United Kingdom. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of the United Kingdom. If any provision of the Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms of Use that will continue to have force and effect. Smiths Watch Co. Ltd. makes no representation that the content of the Web Site complies with the laws of any country outside The United Kingdom. All rights not expressly granted herein are reserved.