Terms & conditions of use

Preambule

A: Believing in the importance and promotion of Fine Watchmaking, the Fondation de la Haute Horlogerie («We», «Us») invest in the development of training programs in the area of watchmaking. The HH Certification program offers opportunities to enable everyone to enhance their knowledge in this area.

B: These Terms and Conditions (the «Terms») of use apply to use of the online HH Certification platform («HH Certification») to all those who have enrolled and are registered with the HH Certification («You/Your»).

Article 1 − General

1.1 − In order to support the watchmaking industry, the FHH has developed the HH Certification. Use of and access to the HH Certification is strictly limited to those individuals who have enrolled and are registered to use the HH Certification («Authorized Users»).

1.2 − The official languages of the HH Certification are English, French, Mandarin and Cantonese; consequently, fluency in one of these languages is an essential prerequisite.

1.3 − Furthermore, a certain level of computer literacy is required to fully benefit from the HH Certification program.

1.4 − Access to the HH Certification platform and materials is dependent on payment of the full fees and to Your express acceptance of and compliance with the following Terms and Conditions of Use. The Fees shall be forfeited in favor of the FHH, whether the Authorized User completes the HH Certification or not.

1.5 − The FHH shall be exclusively responsible for the development of the HH Certification and the technical teaching program. Authorized Users are expected to make a real personal investment using the teaching materials provided online.

1.6 − Authorized Users will observe standards of conduct that are appropriate to the pursuit of the FHH’s educational goals. Authorized Users are expected to maintain high standards of academic and personal honesty and integrity and, in particular, respect the rights of others.

Article 2 − Use

2.1 − The HH Certification will be used in accordance with these Terms and in compliance with further instructions that may be issued by Us from time to time, in particular:

2.1.1 − Account Profiles will be activated in accordance with Our policies and are issued in the form of access codes and passwords and transmitted to the Authorized User by the HH Certification webmaster, thereby allowing access to and use of HH Certification. All Account Profiles are strictly personal and may not be shared with any other party.

2.1.2 − Furthermore, once provided with their Account Profile, the Authorized User hereby undertakes to keep their Account Profile secret and secure at all times. The Authorized User will not share or otherwise disclose their Account Profile to anyone, nor give access to HH Certification or the content of training material (Watch@Tablet, e-learning modules) to any third parties.

2.1.3 − The Authorized User shall strictly adhere to all these Terms and any and all instructions received from time to time from Us concerning use of HH Certification and any additional instructions included in communications or made available on the HH Certification platform.

2.1.4 − The Authorized User shall be liable for any operation, misuse, manipulation or any other act or omission performed under their Account Profile, including any unauthorized act undertaken by any unauthorized third party who gains access to HH Certification through use of the Authorized User’s Account Profile.

2.2 − The Authorized User further agrees to:

2.2.1 − Notify Our administrator responsible for managing the Authorized User’s Account Profile as quickly as possible in the event that they become aware of any unauthorized use of the Authorized User’s Account Profile, including security breaches of whatever nature (for example, loss of data, stolen Account Profile, unauthorized access, circumvention or hacking);

2.2.2 − Ensure that they log out correctly after consulting HH Certification or at the end of each training session which the Authorized User has completed.

Article 3 − Use of authorized user’s performance data

3.1 − The Authorized User understands that HH Certification is a training tool made available to the Authorized User to train and improve their skills. Use of their Performance Data is subject to the Privacy Notice which is accessible here.

Article 4 − Intellectual property rights

4.1 − Any copying, reproduction, downloading, circulation or distribution of training programs and/or images or other content contained in HH Certification to unauthorized third parties is expressly prohibited.

4.2 − Copyright Notice. The Authorized User should assume all visual content on or available from HH Certification is protected by copyright and either belongs to Us or is licensed to Us for use by Us or by Our affiliated companies, all rights reserved. The Authorized User may not sell, reproduce, copy, distribute, modify, display, publicly perform, prepare derivative works based on, report or otherwise use any of the teaching materials or content, for any other support, or in any way whatsoever unless such use is exclusively for their own personal use related to HH Certification.

4.3 − Design rights. Products shown on HH Certification may be registered and unregistered designs belonging to Us and/or to Our affiliated companies and/or to third parties.

4.4 − Trademark Notice. The trademarks, logos, product names and service marks contained in HH Certification are registered and unregistered trademarks which belong to Us or Our affiliates or have been licensed to Us or belong to third parties. Nothing contained in the HH Certification platform should be construed as granting, by implication or otherwise, any license or right to use any trademark contained in HH Certification. Misuse of any trademark contained in HH Certification or any other material contained on HH Certification is strictly prohibited.

Article 5 − Liability

5.1 − The Authorized User understands and agrees that non-compliance with the Terms could cause Us and/or Our affiliated companies irreparable damage.

5.2 − Consequently, the Authorized User shall be liable for any act or omission in violation of the present Terms performed by them or any other third party to whom the Authorized User grants access in violation of the present Terms. The Authorized User agrees to fully indemnify, defend and hold Us from and against any loss, cost, damage or expense arising by reason of a breach by the Authorized User, or any non-compliance with these Terms by any other third party as aforementioned. The terms of this article shall survive termination of the Terms.

Article 6 − Confidentiality

6.1 − The Authorized User represents and guarantees that they will not disclose to any third party or use for their own purposes or the purposes of others, other than as set out herein, either during or following termination of use, any information or documents relating to HH Certification. It is understood that this obligation also applies to any technical, business, security, advertising, financial, legal or other information of any nature whatsoever made available through the HH Certification platform.

6.2 − No material, document, or any part thereof related to HH Certification may be reproduced, duplicated, republished, posted, copied, transmitted, re-engineered by any means of whatsoever nature, or used, shared or distributed to third parties in any way whatsoever other than as stipulated herein.

6.3 − Articles 6.1 and 6.2 shall not apply to information that is: i) generally available to the public other than by a breach of these Terms; ii) rightfully received from a third party not in breach of an obligation of confidentiality.

6.4 − The Parties acknowledge that any violation of the foregoing could cause Us irreparable harm which would not be adequately compensated by monetary damages. In addition to any other relief which We might seek, the Authorized User agrees that injunctive relief shall be available to Us in the event that any such violation or threatened violation is likely to occur and/or has already occurred.

6.5 − All computer readable files, including all accessory documents such as but not limited to circular letters, specific instructions, training materials (the «Training Materials»), accessible from HH Certification or forwarded to the Authorized User and any Authorized User under its control in whatever form are and remain Our property and/or that of Our affiliated companies; furthermore, the Training Materials are protected by international and national copyright legislation. The trademarks, logos, models and designs incorporated in these files including any related documents are also Our property and/or the property of affiliated companies.

Article 7 − Limitation of liability

7.1 − The HH Certification platform is provided «as is» and We do not warrant that access to HH Certification will be uninterrupted, error-free or completely secure. We may at Our discretion modify, suspend, discontinue and/or merge HH Certification into another application, etc.

Article 8 − Termination

8.1 − The Authorized User’s right to use the HH Certification platform will automatically terminate following completion of the Test.

8.2 − Furthermore, the Authorized User’s right to use the HH Certification platform will automatically terminate following any violation or attempted violation of the foregoing Terms.

8.3 − Furthermore, if We reasonably believe, entirely at our discretion, that an Authorized User has violated or acted inconsistently with these Terms in any way or violated Our rights or those of any third party, for any reason whatsoever, We shall be entitled to terminate access to the HH Certification platform immediately. The terms of Article 6 shall survive the termination of these Terms.

8.4 − Upon termination, the Authorized User’s permission to use HH Certification or any materials taken from HH Certification will automatically expire and the Authorized User’s Account Profile will be canceled.

8.5 − Termination of the Authorized User’s right to use HH Certification for any reason whatsoever by Us shall not give rise to any right of indemnity of whatever nature to the Authorized User.

Article 9 − Transferability

9.1 − The Authorized User shall have no right to transfer and/or to assign any of their rights or obligations under these Terms without Our prior written consent.

Article 10 − Miscellaneous

10.1 − Modifications to Terms. These Terms will be available on the HH Certification platform at all times. We reserve the right to update or modify them from time to time without prior notice to the Authorized User or any other party. In this event, the modified Terms will take effect for all Authorized Users on the date shown on the posting; consequently, continued use of HH Certification by the Authorized User following any such change constitutes their agreement to be bound by the Terms as changed. The Authorized User should therefore consult the Terms regularly.

Article 11 − Applicable law and jurisdiction

11.1 − These Terms together with the Privacy Notice shall be governed by and construed in accordance with Swiss law. In the event that any dispute arises out of these Terms, the Parties hereto agree to meet in good faith in order to resolve the dispute amicably. Failing amicable resolution, any action that may be brought hereunder will be submitted to the exclusive jurisdiction of the competent Court in Geneva, Switzerland.

Version 2.0 Effective: February 1, 2016