TERMS OF USE

1. Introduction

Please read these terms of use (“the Terms of Use”) carefully before using this e-learning por-tal (“the Rado Academy"). The Rado Academy is offered to users associated with the Rado brand, including Rado staff and retailers selling Rado products. Accessing and using the Rado Academy indicates that you accept and agree to be bound and comply with these Terms of Use („You“, „Your“). If that is not the case, You shall not be granted access to the Rado Academy / Your account shall be removed.

The Rado Academy is operated and the Terms of Use were issued by Rado Watch Co. Ltd., Bielstrasse 45, 2543 Lengnau, Switzerland (“Rado”).

Rado may at any time revise these Terms of Use. You are bound by any such revision and should therefore periodically visit this page to review then the current terms to which You are bound.

2. Purpose and content of the Rado Academy

All information and materials on the Rado Academy are presented solely for the purpose of providing general information on and promoting products and services of Rado. Such infor-mation and materials do not constitute offers for products and / or services of Rado or official retailers or other third parties, nor do they constitute advice or other instructions on the use of products and / or services of Rado.

The Rado Academy may contain information on Rado's worldwide products and services, not all of which are available at every location. A reference to a Rado product or service does not imply that that product or service is or will be available at Your location.

3. User content

Please be aware that whenever You post information to the Rado Academy (e.g. a forum or guestbook) that information may be accessible for other users. You should therefore choose carefully the information You post and that You provide to other users.

Rado does not claim any ownership rights in the text, files, images, photos, video, sounds, works of authorship or any other materials that You may post (“User Content”) on the Rado Academy. After posting Your User Content, You continue to retain all ownership rights in it, and You continue to have the right to use it in any way You choose. By posting Your User Content on or through the Rado Academy, You hereby grant Rado a non-exclusive, sublicensable, trans-ferable, royalty-free and worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute Your User Content on and through the Rado Academy or in the Rado section of a third-party platform (Facebook, Twitter, etc.) until you remove Your User Content from the Rado Academy.

You represent and warrant that: (i) You own the User Content posted by You on the Rado Academy or otherwise have the right to grant the license set forth above, and (ii) the posting of Your User Content on the Rado Academy does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person or company.

You are solely responsible for the User Content that You post on the Rado Academy. You may not post, transmit, or share User Content on the Rado Academy that You did not create or that You do not have permission to post or use. User Content is not necessarily reviewed by Rado prior to posting and does not necessarily reflect the opinions or policies of Rado. Rado makes no warranties, express or implied, as to User Content or the accuracy and reliability thereof or any material or information that You transmit to other users. Any posts which contain any unlaw-ful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or pro-fane material or any material that could constitute or encourage conduct that would be consid-ered a criminal offence, give rise to civil liability or otherwise violate any law is a material breach of these Terms and Conditions.

The Rado Academy offers the possibility for users to create a personal account by providing certain information. In particular, You will be required to provide an email address and choose a password. You are entirely responsible for maintaining the confidentiality of Your password. You agree not to use the account, email address, or password of another user at any time or to dis-close Your password to any third party. You agree to notify Rado immediately if You suspect any unauthorized use of Your account or access to Your password. You are solely responsible for any and all use of Your account.

User authorises Rado to publish their first name, second name, email address or user name on Rado Academy. The use also authorises Rado to use a third party to process their data. Rado may send emails for purposes relating to Rado Academy, subject to the User’s right to refuse such emails at any time. Personal information provided by and related to the User will be held and used by Rado or Swatch Group Affiliates. A user with any objections to the use of their per-sonal information shall email (training@rado.com).

Rado expressly reserves the right to remove any information or materials posted or transmitted by anyone which is in breach of these rules, including any offers for watches. Rado expressly reserves the right to remove access and delete any User account which breaches these rules. Rado will fully cooperate with any law enforcement authorities or court order requesting or di-recting Rado to disclose the identity of anyone posting any such information or materials.

4. Intellectual property rights

The Rado Academy together with any information, text, images, photographs, audio and video clips, designs, graphics, logos, symbols, names, product and corporate designations, as well as all software contained in the Rado Academy and all other files, and their selection and arrange-ment (“the Rado Academy Content"), are subject to legal protection, in particular copyright, trademarks and design rights held by Rado, its affiliates, its users or its licensors with all rights reserved. Rado Academy Content may not be modified, copied, distributed, framed, repro-duced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without Rado's prior written permission, except that the foregoing does not apply to Your own User Content that You legally post on the Rado Academy. In addi-tion, no digital content whatsoever may be copied into other programs without the prior written approval of Rado, which may be refused for any reason.

Provided that You are eligible for use of the Rado Academy, You are granted a limited license to access and use the Rado Academy and the Rado Academy Content and to download or print a copy of any portion of the Rado Academy Content to which You have properly gained access solely for Your personal, non-commercial use, provided that You keep all copyright or other proprietary notices intact. The license is subject to the Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Except for Your own User Content, You may not upload or republish the Rado Academy Content on any Internet, intranet or extranet site or incorporate it in any other database or compilation, and any other use of the Rado Academy Content is strictly prohibited. Any use of the Rado Academy or the Rado Academy Content other than as specifically authorized herein, without the prior written permis-sion of Rado, is strictly prohibited and will immediately terminate the license granted herein. Any unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms of Use will be construed as conferring any license to any intellec-tual property rights.

"Rado" and other trademarks, logos, characters, page headers, button icons, scripts, service names and other marks displayed on the Rado Academy (collectively “Trademarks”) are subject to the trademark and other rights of Rado or its affiliates. Rado’s Trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without the prior written permission of Rado. Your use / misuse of Trademarks displayed on the Rado Academy, or of any other Rado Academy Content, except as provided for in the Terms of Use, is strictly prohibited.

5. Disclaimer

While Rado uses reasonable efforts to include accurate and up-to-date information on the Rado Academy, it makes no warranties or representations with respect to the Rado Academy Content, which is provided "as is." In particular, Rado neither warrants nor represents that Your use of the Rado Academy Content will not infringe the rights of third parties not owned by or affiliated with Rado.

Rado assumes no responsibility, and shall not be liable for, any damage to, or viruses that may infect, Your computer equipment or other property on account of Your access to, use of or browsing of the Rado Academy or your downloading of any materials, data, text, images, video or audio from the Rado Academy. Rado reserves the right to interrupt or discontinue any or all of the functionalities of the Rado Academy. Rado accepts no responsibility or liability whatsoev-er for any interruption or discontinuance of any or all functionalities of the Rado Academy, irre-spective of whether this is the result of actions or omissions of Rado or any of its affiliates or any third party.

The Rado Academy Content may contain technical inaccuracies or typographical errors. Rado reserves the right to make changes, corrections and/or improvements to the Rado Academy Content at any time without notice.

6. Links to and from other websites

Because Rado has no control over and does not endorse any of the sites to which the Rado Academy is linked and because Rado has not reviewed any or all of the sites to which the Rado Academy is linked, You acknowledge that Rado is not responsible for the content of any off-site pages or any other sites linked to the Rado Academy. Responsibility for access to off-site pages and linked third-party sites rests solely with You.

Your linking to the Rado Academy, off-site pages or other sites is at Your own risk. By making use of any such links, You understand that the legal statement of any linked site will apply, which may be different from those of Rado. If You would like to link to the Rado Academy, 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.

Framing of the Rado Academy by sites or site elements of parties not part of The Swatch Group Ltd. is not permitted. In-line linking or any other manner of incorporating parts of the Rado Academy on sites of parties not part of The Swatch Group Ltd. is equally prohibited.

7. SERVICE ACCESS

While Rado endeavors to ensure that the Rado Academy is normally available 24 hours a day, it will not be liable if for any reason it is unavailable at any time or for any period. User can send an email to (training@rado.com) which shall try and address any technical issues.

Access to the Rado Academy may be suspended temporarily and without notice in case of a system failure, maintenance or repair or for reasons beyond Rado's control.

8. Limitation of liability

In as much as permitted by law, and except for damage caused by intent or gross negligence, Rado, and any other company of The Swatch Group Ltd., including the officers, directors, em-ployees, 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 limita-tion, any direct, indirect, or consequential loss or damage, or any loss of income, profits, good-will or data) in connection with the Rado Academy in any way or in connection with the use, ina-bility to use or the results of use of the Rado Academy, any websites linked to the Rado Acade-my 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 of the Rado Academy or Your downloading of any material from the Rado Academy or any websites linked to the Rado Academy.

9. Privacy

Rado cares about Your privacy and the protection of Your personal data, which is hereby incor-porated into these Terms of Use.

10. Miscellaneous

The failure of Rado to exercise or enforce any right or provision of the Terms of Use will not operate as a waiver of any such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. The invalidity or unenforceability of any provision of the Terms of Use does not affect or impair in any way the validity, legality and enforceability of the remaining provisions contained herein.

The Terms of Use are governed by and will be interpreted in accordance with Swiss law, without regard to any conflict-of-law rules or the United Nations Convention on Contracts for the Inter-national Sale of Goods. The competent courts at the place of the registered office of Rado, currently Lengnau, Switzerland, will have exclusive jurisdiction in respect of any disputes arising from the Terms of Use and Your use of the Rado Academy, subject to Rado's right to prosecute You at Your place of residence.


Last modified: Friday, 20 April 2018, 11:17 AM