1. INTRODUCTION
1.1.These terms of use (“Terms of Use”) apply to the OMEGA website located at www.omegawatches.com/en-au. Please read these Terms of Use carefully before using this website. Using this website indicates that you accept these Terms of Use. If you do not accept these Terms of Use, do not use this website. These Terms of Use are issued by The Swatch Group (Australia) Pty. Ltd., Level 3, 40 River Boulevard, Richmond, Victoria, 3121, Australia and/or The Swatch Group Ltd., Biel, Switzerland (together "OMEGA").
1.2.As a consumer, you have certain rights under consumer protection legislation, including the Australian Consumer Law ("Consumer Rights"). Your Consumer Rights include statutory guarantees that any products supplied to you will be of acceptable quality, match their description and be fit for any purpose made known to the supplier, and that any services supplied will be carried out with reasonable care and skill. When a statutory guarantee is breached, consumers are entitled to a range of remedies including, in some cases, damages for reasonably foreseeable losses. Manufacturers of goods also have an obligation to compensate consumers for loss or damage if the consumer is injured or consumer goods are damaged due to a safety defect in goods supplied. For more information on your Consumer Rights, you can visit the Australian Competition and Consumer Commission's website at www.accc.gov.au. Nothing in these Terms of Use is intended to exclude, restrict or modify any of your Consumer Rights.
1.3.OMEGA may at any time revise these Terms of Use by updating this page. You are bound by any such revisions and should therefore periodically visit this page to review the current terms to which you are bound.
2. LICENCE
2.1.Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by OMEGA or its licensors. Any material on this website that is a trade mark, logo, or service mark is a registered or unregistered trade mark of OMEGA or its licensors.
2.2.You may download, display or print information from this website solely for personal use on the following basis:
2.2.1.no documents or related graphics on this website are modified in any way;
2.2.2.no graphics on this website are used separately from the corresponding text; and
2.2.3.you retain and reproduce each and every copyright notice or other proprietary rights notice contained in any information you download.
2.3.You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public purposes, including the text, images, audio, and video without written permission of OMEGA. OMEGA neither warrants nor represents that your use of information displayed on this website will not infringe rights of third parties not owned by or affiliated with OMEGA.
2.4.Your use of any material on this website, except as provided in these Terms of Use or with the express written permission of OMEGA, is strictly prohibited. All rights are reserved unless otherwise stated.
2.5.If you breach any of the provisions in these Terms of Use, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from this website. You are also advised that OMEGA will aggressively enforce its intellectual property rights to the fullest extent permitted by the applicable law, including the seeking of criminal prosecution.
2.6.Subject to paragraph 2.2, no part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without OMEGA's prior written permission.
3. DISCLAIMER
3.1.While OMEGA uses reasonable efforts to include accurate and up to date information on this website, OMEGA makes no warranties or representations with respect to the content of the website, which is provided "as is". In as much as permitted by law, OMEGA accepts no responsibility or liability whatsoever arising from or in any way connected with the use of this website or its content. In particular, OMEGA will not be liable for the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the information contained on this website.
3.2.OMEGA assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from this website.
3.3.OMEGA reserves the right to interrupt or discontinue any or all of the functionalities of this website. OMEGA accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionalities of this website, irrespective of whether this is the result of actions or omissions of OMEGA or one of its affiliates of The Swatch Group Ltd., Biel, Switzerland, or of a third party.
3.4.The materials on this website, including any information, may contain technical inaccuracies or typographical errors. OMEGA reserves the right to make changes, corrections and/or improvements to such materials (including information), and to the products and programs described in such information, at any time without notice.
4. VISITOR MATERIAL AND CONDUCT
4.1.Subject to the provisions of the OMEGA Privacy Notice, any communication or material you transmit to this website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of OMEGA or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, OMEGA is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
4.2.You are prohibited from posting or transmitting to or from this website any material:
4.2.1.that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite hatred of any kind, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
4.2.2.for which you have not obtained all necessary licences and/or approvals; or
4.2.3.which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
4.2.4.which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3.You may not misuse this website (including, without limitation, by hacking).
4.4.OMEGA will co-operate fully with any law enforcement authorities or court order requesting or directing it to disclose the identity or locate anyone posting any material in breach of paragraphs 4.2 or 4.3.
5. LINKS TO AND FROM OTHER WEBSITES
5.1.Because OMEGA has no control over and does not endorse any of the sites to which this website is linked and because OMEGA has not reviewed any or all of the sites to which this website is linked, you acknowledge that OMEGA is not responsible for the content of any off-site pages or any other sites linked to this website. Responsibility for access to off-site pages and linked third-party sites rests solely with you.
5.2.Your linking to this website, off-site pages or other sites is at your own risk. By making use of any such links, you understand that the legal statement and privacy policy of any linked site will apply and which may be different from those of OMEGA. If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page, and subject to the following conditions:
5.2.1.you do not deep link to this website;
5.2.2.you do not remove, distort or otherwise alter the size or appearance of the OMEGA logo;
5.2.3.you do not in any way imply that OMEGA is endorsing any products or services other than its own;
5.2.4.you do not misrepresent your relationship with OMEGA nor present any other false information about OMEGA;
5.2.5.you do not otherwise use any OMEGA trade marks displayed on the website without express written permission from OMEGA;
5.2.6.you do not link from a website that is not owned by you; and
5.2.7.your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3.Framing, in-line linking or any other manner of incorporating parts of this website in sites of parties not part of The Swatch Group Ltd. is prohibited.
5.4.OMEGA expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these Terms of Use and to take any action it deems appropriate.
5.5.You shall fully indemnify OMEGA for any loss or damage suffered by OMEGA or any of its group companies for breach of paragraph 5.2.
6. SERVICES ACCESS
6.1.While OMEGA endeavours to ensure that this website is normally available 24 hours a day, it shall not be liable if for any reason this website is unavailable at any time or for any period.
6.2.Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond OMEGA's control.
6.3.If you are a registered user with a My OMEGA account and wish to delete your account please visit your My OMEGA account page and select the option “Delete my Account” at the bottom of the page “My personal information”.
7. LIABILITY
7.1.OMEGA, any other party (whether or not involved in creating, producing, maintaining or delivering this website), and any of OMEGA's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from the Website or any websites linked to this website.
7.2. Access to the Website may be suspended temporarily and without notice in case of a system failure, maintenance or repair or for reasons beyond Our control.
7.3.Nothing in this legal notice shall exclude or limit OMEGA's liability for:
7.3.1.death or personal injury caused by negligence; or
7.3.2.fraudulent misrepresentation; or
7.3.3.any liability which cannot be excluded or limited under applicable law.
7.4.If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
8. GOVERNING LAW AND JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of Victoria. Disputes arising in connection with this Terms of Use shall be subject to the exclusive jurisdiction of the courts of Victoria.