Terms of Service

Last updated on: 27 October 20239 May 2024

Please read these terms thoroughly before utilizing Winder. Your use of our services indicates your consent to be bound by these terms.

These Terms of Service (the “Terms” or the “Agreement”) is a prerequisite for using the services offered in the Winder app or the Site. All access and use of our services is subject to the terms and conditions contained in this Agreement.

By signing up downloading and using Winder you acknowledge that you have read understood and agree to be bound by this Agreement.

Please also note that while utilizing specific features you may be required to comply with any additional terms policies and agreements associated with those features.

1. Description of our services

Winder offers a platform for registered users to engage in online watch-related activities such as listing selling browsing and buying timepieces.

Please note that Winder is not the seller or buyer of the watches listed on the app or the Site.

In our capacity as a commercial agent we act as an intermediary to facilitate transactions and offer a platform where sellers and buyers can engage in negotiation and successfully finalize their deals. Our role is to bridge the gap between parties ensuring a smooth and secure exchange within the marketplace.

In particular we provide you with the following services for varying fees:

We provide an 'Offer Package' which entitles users to receive offers for the watches they want to sell within 24 hours through the system.
We provide our members with the option to highlight certain listings under 'sponsor listings'.
We feature accessory brands and their products.
If a members wishes to receive expertise services for the watches they purchase they will make their payments through the website to purchase services from the independent service centers they choose from the platform.
We provide concierge services for our members and find the watches they want.

2. How to use our services

To use our app or the Site and participate in any transactions you must register and create an account. You have the exclusive right to use the password of your user account and under no circumstances can you share the password with third parties.

Please note that you are responsible for all claims and demands that may be brought against Winder by third parties due to sharing the password and we have all kinds of recourse due to unauthorized use.

3. Children under 18

If you are below the age of 16 you are not eligible to access or utilize our services. However if you fall within the age range of 16 to 18 you may engage with our services provided that you have obtained explicit consent from your parent or legal guardian. This additional precaution ensures that your interaction with our services aligns with responsible and informed decision-making.

4. Prices of the watches listed on our app or Site

The sales contract concerning the sales of any items listed on Winder is a direct agreement solely between the buyer and the seller. Please note that Winder is not a party to such sales contract under any circumstances.

When a seller lists a watch at a specific price it constitutes a binding offer to sell at that price and when a buyer makes a purchase at that price it signifies a binding acceptance to acquire the watch. The sale is finalized when the buyer completes the purchase and the seller confirms the transaction.

While Winder may offer estimated values for select watches and historical pricing data it does not set prices endorse specific purchases or claim that these watches are necessarily wise investments or good values.

Please be aware that Winder cannot guarantee the sale of any watch at the price set by the seller and does not provide compensation for watches that do not sell through our app or the Site. Your financial decisions remain at your discretion.

5. Fraudulent abusive or illegal activity

We are dedicated to the ongoing vigilance and maintenance of our marketplace's integrity. Whenever we detect signs of fraudulent activities or market manipulation we promptly take essential steps to secure and protect it. In such instances we reserve the right to take necessary all necessary actions including the following:

Suspension of listings: Remove any or all your listings from our app and the Site.
Privilege limitations: Restrict your buying and selling privileges.
Legal action: Notify relevant law enforcement authorities of any fraudulent activities.
Account suspension: Suspend your account temporarily or permanently.

6. Intellectual Property Rights

i. Winder’s intellectual property

The logo software design written materials documents and all other content that may be subject to various intellectual property rights within the Winder app and the Site are the exclusive property of Winder. All of this content is safeguarded under copyright and/or other applicable intellectual property laws and any usage acquisition or modification of such content without explicit permission is strictly prohibited.

ii. Your content and materials

You certify and assure that you own all rights to your user content and materials including copyrights and publicity rights. By using our service you grant Winder a worldwide non-exclusive transferable sub-licensable royalty-free license to host use distribute expose modify run copy store publicly perform communicate to the public broadcast reproduce make available display and translate and create derivative works of any materials provided by you in connection with the services.

We use this license to operate provide and promote our services and you confirm that you have the necessary rights to grant this license. You also waive any moral rights in favor of Winder allowing Winder to transfer or grant rights in the materials to others who may obtain the materials including by way of license or sublicense.

7. Your Responsibilities

Your responsibilities and obligations as a party to this Agreement are listed below:

i. Responsibility for content

As a user of Winder App and Site you assume full responsibility for all content including code videos images information and other materials you upload post or share through the service.

ii. Compliance with legal regulations

You agree to comply with all applicable legal regulations and not engage in unlawful activities including disrupting public order violating public morals infringing on intellectual property and copyright rights and disseminating spam viruses or other disruptive actions that affect the service's usability.

iii. User conduct and accountability

Winder reserves the right to take action including removal and membership termination in response to complaints violations of moral rules abusive language or any disruptive behavior. Winder may also seek recourse for damages resulting from user behavior.

iv. Service use and security

You must not hinder or compromise the security of the Winder App and you agree not to engage in activities that direct users to other websites or modify adapt or reverse engineer the service.

v. Prohibited actions

You are prohibited from probing scanning or using the service for illegal purposes including sending unsolicited emails requesting money or defrauding users. You must only provide your own information and photos refrain from impersonation and avoid threatening attacking or defaming other users.

vi. Content restrictions

Posting content that infringes on rights incites violence or contains inappropriate materials is strictly prohibited. Using another member's account opening multiple accounts or creating new accounts after suspension without consent is not allowed.

vii. Compliance with rules

You commit to adhering to the rules and conditions outlined in this Agreement along with all applicable laws and ethical standards. Violations result in personal legal and criminal liability and we may seek compensation.

The user agrees not to access or use other internet users' software and data without permission. Otherwise the User declares accepts and agrees that Winder has the right of recourse in this matter and will indemnify us fully and effectively in cash and immediately due to the damage to be incurred by Winder.

In the event that one or more of the articles listed in the contract are violated by the User the User declares accepts and undertakes that he/she is personally responsible for the legal and criminal liability that may arise and that he/she will keep Winder free from the legal and penal consequences of these violations. In addition Winder reserves the right to claim compensation against the User due to this violation.

viii. Account suspension and termination

We hold the right to unilaterally terminate memberships delete accounts and associated data with no obligation to meet user demands.

ix. User's security responsibilities

While the application is designed to be free of viruses you must ensure your own virus protection system. You accept responsibility for errors and consequences arising from your software and operating systems.

x. Our rights

We may change the application's content services or registered user data and may alter update or cancel the Agreement terms without prior notice.

These Terms are binding for all users as of their publication date.

8. Termination and invalidity

Winder retains the unilateral right to terminate this agreement and your membership or suspend your membership at its discretion without notice explanation compensation or penalties. You also have the right to cancel your membership at all times.

This agreement remains in effect until you cancel your membership or your membership is cancelled by Winder. If any provision or part of a provision in this Agreement is deemed invalid illegal or unenforceable it won't affect the validity or enforceability of other provisions and the Terms will be interpreted as if the concerned provision had never been included in this Agreement but the remaining provisions will remain to be valid.

9. Limitation of Liability

We make every effort for uninterrupted and error-free service the unpredictable nature of the Internet prevents us from guaranteeing such outcomes. Periodic access suspensions or restrictions may be necessary for maintenance repairs or the implementation of new features. Winder cannot be held responsible for losses or delays beyond our reasonable control.

You also agree that in accordance with applicable laws Winder disclaims liability for any direct indirect incidental special consequential or exemplary damages including but not limited to loss of profits goodwill data or other intangible losses resulting from the use or inability to use our services expenses associated with obtaining substitute goods or services unauthorized data access or actions by third parties on the service.

Additionally Winder assumes no liability for third-party content or materials including errors omissions or losses arising from their utilization. While Winder does not pre-screen content it retains the discretion to reject or remove any content on the service particularly if it violates our Terms or is deemed objectionable. You are responsible for evaluating and assuming all risks related to content usage including its accuracy completeness and utility.

10. Indemnification

You consent to indemnify and protect Winder as well as their respective personnel from any claims or demands which may include reasonable attorney fees initiated by any third party due to or stemming from your breach of this Agreement violation of any laws or infringement upon the rights of a third party. This indemnification extends to any aspect of the transaction between you and the other party involved in the sales contract encompassing issues like refunds fraudulent transactions and alleged or confirmed breaches of applicable laws.

11. Third-Party Distribution Channels

Winder offers software accessible through third-party platforms such as the Apple App Store and Google Play Store. If you download the Winder app via these channels it's important to be aware that you might be subject to additional terms established by the respective distribution platform.

12. Privacy and Data Protection

We care about your privacy and were dedicated to safeguarding the privacy of your personal information. For details on how we handle your personal information please consult our Privacy Policy which is an integral part of these Terms.

13. Changes to the Terms

We retain the right at our exclusive discretion to modify or revise any part of this Agreement whenever necessary. The most current version of this Agreement will always be available on this page indicated by the revision date at the top. In the event of substantial alterations we may also inform you through the service interface pop-up notices or emails. Please note that your continued utilization of the service following such modifications signifies your acceptance of the updated Terms.

14. Dispute Resolution

All disputes arising out of or in connection with the present Terms shall be finally settled by arbitration before ISTAC pursuant to the ISTAC Arbitration Rules. The language of the arbitration shall be English. The seat of the arbitration shall be Istanbul/Türkiye. The applicable law to the merits of the dispute shall be Turkish law.

The number of arbitrators shall be applied as prescribed in the ISTAC Rules. Parties may request interim legal protection pursuant to ISTAC Emergency Arbitration Rules.

15. Entire Agreement

This Agreement constitutes the entire agreement between you and Winder and govern your use of the services and your account superseding any prior agreements between you and Winder including but not limited to any prior versions of these Terms.

16. Contact us

If you would like to contact us about the Terms of Service or have a question or complaint about the Terms please contact us by sending an e-mail to info@winderapp.com

Carl F. Bucherer

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