Terms & Conditions
1. What is TheWatchCloud App?
TheWatchCloud App is a B2B platform for professional luxury watch dealers to List their watches, parts, and accessories for offer, sell or purchase.
2. Operator/services of the operator
Cloud Flog Limited, based in Hong Kong (hereinafter referred to as “the operator”) operates a platform under the URL www.cloudflog.com (hereinafter referred to as "the platform") on which luxury watch dealers register and get access to TheWatchCloud app which provides luxury watch industry trade information. Only dealers who become registered users (a.k.a. members) on the platform can have access to such information and use TheWatchCloud App.
The operator of the platform acts exclusively as an intermediary and accordingly does not become a contractual partner of the brokered purchase contract unless the operator himself acts as a seller of goods at the same time. The operator's service is limited to making the platform available.
The contracts are concluded exclusively between buyer and seller (hereinafter collectively referred to as "the users") offline, outside the ambit of TheWatchCloud app.
3. Requirements for using the platform / registration / membership
Only dealers or traders with a commercial register entry or trade license can use the platform as registered users to list their products for sell (Selling) or buy (Looking for / WTB).
All users must register through our website with their details such as Name, e-mail address, mobile phone number and verify the phone number with an OTP code. By registering on our website or platform, users give consent to opt-in to receive OTP messages for authentication. It may sometimes be a requirement to provide trade contacts, subject to our policies and circumstances. A confirmation email will then be sent to the email address provided. After the email address has been confirmed, the operator will activate the user's details for use on our platform within 24 hours after successful verification.
The operator reserves the right not to activate users without giving reasons or to subsequently exclude them from using the platform.
Registrations are only permitted for legal entities and partnerships. Other persons, especially end customers, are not allowed to use the platform. For this reason, too, users must truthfully provide their information when registering.
The data requested for "login" and "registration" must be entered completely and correctly. If the data is changed, the data provided must be corrected by the user immediately.
With the effective registration on the platform, a contract for the use of the platform and its services is concluded between the user and the operator of the platform (hereinafter "membership"). Membership is not transferable to third parties.
The user must keep the login data (password / OTP) secret. The respective user is responsible for unlawful use of the user account due to lost access data and the operator is not liable. The user has to indemnify and hold harmless the operator.
Cloud Flog Limited provides functions to registered users, such as trade information available on the website and the use of TheWatchCloud App.
Cloud Flog Limited may change the use of the platform, individual functions, or the scope in which individual functions can be used at any time.
4. General User Obligations
The user must refrain from any activity aimed at disrupting the operational aspects and technical infrastructure of the platform and/or overloading it. This particularly includes:
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the use of software, scripts, or databases in connection with the use of the platform;
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automatic reading, blocking, overwriting, modification, or copying of data and/or other content unless essential for proper use of the platform;
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distribution and/or public display of any content from the platform without the approval of Cloud Flog Limited.
5. Offers/responsibility for content and account data / contracting parties
As a matter of principle, the operator does not check the offers posted by a user or their content.
The users are responsible for the items they have posted, the item description, and the images they use. The users themselves are also responsible for ensuring that the content complies with legal requirements and does not infringe on any third-party rights. The operator assumes no liability for the information in the listings/advertisements/offers. In the event of a violation, the user indemnifies and holds harmless the operator from all claims relating to the offer. The users themselves are also responsible for ensuring that the data in their account completely and truthfully meet the legal requirements and that they do not infringe any third-party rights.
However, the operator reserves the right to randomly check the offers made by users and to delete or deactivate such offers that violate legal regulations, third-party rights, or the operator's terms of use.
The information/offers/advertisements that can be called up via the platform are generally provided by third parties (users) and in no way represent binding offers by the operator. The service provided by the operator is an B2B platform, meaning that users place their Listings for buy and sell or can conclude contracts if interested.
Any contract is only concluded between the users, provided that the operator does not act as a seller of goods at the same time. The operator, therefore, assumes no liability for products or for damage resulting from the contractual relationships between users or in connection with the conclusion or non-conclusion of a contract. The users themselves are solely responsible for the fulfillment of the concluded contracts.
All claims of whatever kind that results from the conclusion of a contract or the non-conclusion of a contract between the users are therefore not to be submitted by the users to the operator or the platform, but always directly to the respective user as a contractual partner and legally enforced.
The operator is neither liable for a certain success nor for the enforceability of a contract concluded between users via the platform.
The operator is also not responsible for the correctness of the identity details of users or the availability of users. Every user has to get convince himself of the identity of his contractual partner. There is a reference check module which could be used by users to get appropriate references, however operator shall not be responsible for authenticity of such references.
The operator is also not liable for the products offered or traded by users on the platform, neither from warranty, compensation, product liability, nor guarantee.
The operator accepts no liability whatsoever for the content, correctness, topicality or reliability of any typing or transmission errors for retrievable content that is posted and made accessible by users or on their behalf. The user is responsible for the information in his Listings/advertisement/offer. The operator is in no way liable for any damage caused to the user by relying on the information of which he has become aware while using the platform.
By listing an article, sellers do not acquire any right of exclusion with regard to the platform. The operator can design the platform at his own discretion and also place advertising for himself or third parties on any pages of the platform - including next to the offer of a user - without the consent of any user being required or users deriving claims from it can.
6. Contract processing
The contracts are concluded exclusively between the buyer and seller. For sales contracts, the statutory provisions as well as any contractual conditions (GTC) agreed upon between the seller and buyer apply.
7. Termination, deletion, and blocking
Membership can be terminated by users at any time for the selected period of membership and the user account will be deleted. Termination can be done via email to info@cloudflog.com. The membership will renew automatically depending on the plan. The operator can terminate the membership of the users at any time with a notice period of 14 days. This does not affect the operator's right to delete and block.
In the event that there are concrete indications that a user is violating these terms of use, statutory provisions, or third-party rights or if there is any other legitimate interest - in particular, to protect users from fraudulent activities, advertisements, or offers, to delete user bids, ratings or other content, to restrict the use of the services and to delay the publication of offers or other content, to warn users or to block them temporarily or for good cause.
In the event of violations of applicable laws, the operator will, without exception, report the matter, block or delete the relevant user accounts and forward relevant data including user data and IP addresses to the responsible authorities.
Users who violate laws or the rules mentioned here and thus cause an investigation against the operator are liable to the operator for any damage incurred, including court and lawyer fees.
Users are asked to inform the operator of any violations.
The validity of contracts that have already been concluded is not affected by the blocking or termination.
As soon as a user has been blocked or the user contract has been terminated by the operator, this user may no longer use other accounts and may not log in again.
Permanently blocked users have no right to restore the blocked account.
8. Membership Fees and Cancellation Policy
In order to gain confidence and to get familiar with the platform, all the features of the platform are free for use for the first two months (Trial Period) from the time member registration is done. After the initial two months, the user shall be charged Membership fees as follows:
For Six month plan the member shall pay USD250, and for One year plan the member shall pay USD400. However the member has the liberty to not pay and continue using the platform in Observer mode with limited access.
However, the operator reserves the right to change the Trail period, Membership fees and plans for the platform.
There is also no additional fee for listing the items nor there is any additional fees/ sales commission when an item is sold or purchased offline using the information provided on the platform.
Operator does not represent or warrant that any fees paid or payable will lead to a like, offer, and by extension, sale.
There will be no refund once the Membership fees is paid.
9. Data protection
In all processes of data collection (e.g. collection, processing, and transmission) we proceed in accordance with the statutory provisions. Your data necessary for business transactions will be stored and passed on to service providers commissioned by us to the extent necessary for order processing.
In all cases in which the operator of the platform, acts exclusively as an intermediary and accordingly does not become a contractual partner of the brokered purchase contract, it is pointed out that you voluntarily disclose your data to your contractual partner or that the operator only transfers it to your contractual partner, in accordance with the order. The terms and conditions and data protection declaration of the respective contractual partner apply in this respect.
The operator assumes no liability for the use of data that users make available to other users when using the platform. However, all users are prohibited from misusing, unlawful or unlawful use of data from other users received via the platform for the purpose of contract processing.
The users have to hold the operator harmless in the event of violations in connection with the processing of personal data. If the operator is sued or fined for the actions of a user in connection with the processing of personal data, or if the operator incurs other costs, the user must compensate him for this.
10. Liability
Claims of the user for damages are excluded. Excluded from this are claims for damages by users resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage based on an intentional or grossly negligent breach of duty by the operator, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
In the event of a breach of essential contractual obligations, the operator is only liable for the foreseeable damage typical of the contract, if this was caused simply by negligence unless the user claims compensation for injury to life, limb, or health.
The above restrictions also apply in favor of the legal representatives and vicarious agents of the operator, if asserted directly against them.
The provisions of the Product Liability Act remain unaffected.
Once again it is stated that any purchase contracts are concluded exclusively between buyer and seller. The operator is therefore not a party to the contract and is free from any liability arising from the contractual relationship.
In addition, the operator is not liable for trademark, copyright, or data protection violations by users. The users hold the provider free from all claims by third parties due to violations of the law in the offers made by the users.
It can happen that it takes several hours until a user account is activated or an offer appears. The operator cannot, therefore, guarantee an exact duration of the offer. In addition, the operator cannot be made liable for server failures of the provider and any lost profits. The operator is not liable for data loss or system failure, claims for damages are excluded.
11. Changes to the terms of use and severability clause
The operator reserves the right to change these terms of use at any time and without giving reasons. Should a provision of these terms of use be ineffective, the remaining provisions remain unaffected. The ineffective provision will be replaced by one of the applicable laws that come closest to it in legal and economic terms. The same applies to possible regulation gaps.
12. Applicable law/place of jurisdiction
The law of Hong Kong SAR applies to the contract between operator and user, excluding international private law and UN sales law.
The place of jurisdiction for all disputes arising from this contractual relationship is the competent court for Hong Kong SAR (place of business of the operator).