Terms and Conditions

  1. Introduction

Welcome to www.brandawatch.com (“Website” or “Site”). BrandaWatch is the owner and operator of this Website. References to “the Company,” “we,” “us,” or “our” are references to BrandaWatch, and references to “you,” “your,” “user,” or “customer” are references to any person who accesses our Website or purchases a product through our Website.

Please note that by accessing the Website or purchasing a product through the Website, you agree to abide by all the legal provisions of these Terms and Conditions and any additional policies referenced herein (collectively referred to as the “Terms” or the “Agreement”). Please carefully review the Agreement in its entirety before interacting with our Website.

IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS THE WEBSITE.

  1. Interpretation

Wherever used, the term “product” shall refer to any/all items listed/offered for sale on our website.

All section headings in the Agreement are for convenience only and shall not affect the interpretation of the Agreement. The use of the masculine, feminine, neuter gender and the singular or plural number shall not be given the effect of any exclusions or limitations herein. All pronouns shall be deemed masculine, feminine, neuter, singular, or plural, as the person or entity's identity may require.

  1. Use of Website

    1. Access

The Website is only made available to persons who are at least 18 years of age or the minimum age of majority, whichever is greater, in your state, province or country of residence. Please do not access the Website and order any products through the Website if you do not meet the age eligibility criteria.

The Company reserves the right to restrict your access to the Website if you do not comply with any provision of this Agreement or where we have reason to believe that you are not complying.

    1. Prohibited Activities

You shall not:

  • Use the Website or any content or products made available through the Website for any illegal or unlawful purposes;

  • Post any content on the Website that may be potentially or actually harmful to the Company or any user;

  • Post any content or information on the Website that is false, inaccurate, misleading, or deceptive;

  • Post any defamatory content or content that may be deemed libelous or threatening to the Company, its employees, affiliates, or any user;

  • Post any content that is pornographic, inappropriate, or unlawful;

  • Use any computer programming routines that may damage, modify, delete or interfere with any system or network connected to the Website;

  • Use any robot, data mining, or other retrieval tools to scrape any data/information from any part of the Website;

  • Reformat or frame any portion of the Website.

    1. Intellectual Property

All text, images, audio, video, logos, trademarks, code, software, interactive features, and the like available on the Website (“Company Content”) is owned either by the Company or its licensors and is protected by copyright, trademark, and applicable laws and conventions.

You shall not copy, sell, resell, reproduce, republish, modify, distribute, or create any derivative work of any Company Content without the consent of the copyright owner. You shall not remove any copyright, trademarks, and any proprietary notices on the Website or any Company Content.

The Company only grants you a personal, non-exclusive, non-transferable, non-sublicensable, and revocable limited license to use the Website for your personal and non-commercial use only. Nothing in this Agreement grants you any legal rights that are not expressly granted in this Agreement.

    1. Copyright Infringement Notice

If your copyrighted content is publicly posted, uploaded, or made accessible on the Website without your authorization/appropriate license, please send a valid notice to our designated copyright agent with the information requested hereunder:

  • A detailed description of the content that is alleged to have been infringed;

  • The exact location on the Website where your copyrighted works is made available (such as links to the page where such copyrighted work appears);

  • Your name, phone number, and email address;

  • A written statement that:

    • The copyright owner or its agent does not authorize such copyrighted content's use;

    • The information contained in the notice is accurate and under penalty of perjury; you are either the owner of an exclusive right allegedly infringed or authorized to act on behalf of such owner regarding the copyright infringement;

    • An electronic or physical signature of the copyright owner or agent authorized to act on their behalf.

The notice must be sent to our DMCA Agent at:

support@brandawatch.com

    1. Third-Party Sites

The Website may contain links to third-party sites that are not owned or operated by us. All such links are provided for your convenience only. We do not have any control over third-party websites. When you click on any third-party website links provided on our Website, you will be redirected to such a third-party’s website. Your access/use of a third-party website will be governed by the terms and conditions and privacy policy of such third-party website. We will not be responsible for any content, service, or products offered by such third-party websites. We do not endorse nor make any representation about any information, products, or services offered on a third-party website. We advise you to undertake your own independent research before entering into any transactions on any third-party websites. You acknowledge that you visit these third-party websites solely at your own risk. We hereby disclaim all responsibility for any harm suffered by you from your use of any third-party website.

    1. Information Disclaimer

BY ACCESSING OUR WEBSITE, YOU ACKNOWLEDGE AND ACCEPT THAT ALL INFORMATION AVAILABLE ON THE WEBSITE (INCLUDING ANY PRODUCT INFORMATION, BLOG POSTS, ARTICLES, AND RESOURCES), REGARDLESS OF WHERE IT APPEARS, IS PROVIDED FOR YOUR GENERAL INFORMATION PURPOSES ONLY.

ALTHOUGH WE MAKE OUR BEST EFFORT TO ENSURE THAT ALL THE INFORMATION ON OUR WEBSITE IS CORRECT AND CURRENT, YOU ACKNOWLEDGE THAT THE WEBSITE MAY CONTAIN ERRORS (INCLUDING PRICING ERRORS), OMISSIONS, AS WELL AS OUTDATED INFORMATION. WE RESERVE THE RIGHT TO RECTIFY ANY ERRORS, INACCURACIES OR OMISSIONS AS WELL AS REMOVE OR UPDATE ANY INFORMATION AVAILABLE ON THE WEBSITE AT ANY TIME WITHOUT GIVING ANY PRIOR NOTICE TO YOU.

PRODUCT IMAGES DISPLAYED ON THE WEBSITE ARE FOR ILLUSTRATIVE PURPOSES ONLY. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THE PRODUCT IMAGE AND PRODUCT DESCRIPTION, THE LATTER SHALL PREVAIL. IF YOU HAVE ANY QUESTIONS PLEASE CONTACT US AT SUPPORT@BRANDAWATCH.COM BEFORE PLACING YOUR ORDER.

  1. Guest Checkout, Account Set-up, and Security

You can either create a user account on the Website or place your order as a guest.

By registering a user account, you can use some additional functionality that is not available to guest users, such as keeping track of your past transactions and accessing your order status. We may decline to provide a user account to any user without providing any reason for our decision.

User Account Security

As a user account holder, you agree to keep your account username and password confidential. You shall be solely responsible for any activity that occurs under your user account. In the event of any security breach or suspicious activity, you must immediately notify us at support@brandawatch.com. You hereby release us from any liability, costs, damages, claim, or action arising out of or associated with any unauthorized access to your user account.

Your Personal Data

When you place an order on our Website or sign-up for a user account, we collect some personal data from you, including but not limited to your full name, email address, shipping, and billing information (“your data”). Any act of providing incorrect, incomplete, or inaccurate personal information shall constitute a material breach of this Agreement.

We process all your data in accordance with our Privacy Policy, which is available on our Website. We advise you to carefully review our Privacy Policy before accessing our Website and only use our Website if you agree with our Privacy Policy.

It is solely your responsibility to notify us of any change in your data. By continuing to use our Website, you represent and warrant that all your data is true, accurate, complete, and current.

  1. Online Orders

All orders placed through our Website are subject to the following provisions:

  1. Order Placement and Acceptance

Once you have added the products to your shopping cart, you can review and confirm your order details, including your shipping address, payment information, and total purchase price, before submitting your order. Upon receipt of your order, we will send you an acknowledgment email. Please note that the acknowledgment email does not constitute an acceptance of your order by the Company. When your order is accepted, we will send you an order confirmation email.

If your order contains more than one product, we reserve the right to accept your order in part by processing only products specified in our order confirmation email. We will only bill you for products included in the order confirmation email. You understand that by submitting your order along with your payment information, you are authorizing us to process your order and charge your payment method for the full amount.

We may be unable to accept your order for various reasons, including:

  • If the ordered product is unavailable;

  • There being any pricing or product description errors on our Website at the time you placed your order;

  • If we are unable to bill your payment method for your order;

  • If we do not offer products in your location or if the carrier does not service your area;

  • Your non-compliance with any provision of this Agreement.

In the event we are unable to accept your order, we will contact you to inform you that your order could not be accepted.

    1. Product Images and Availability

      1. All product images available on the website are for illustration purposes only, and colors and size of the products may vary from images displayed on the Website. For any pre-sale product related questions, please contact us at support@brandawatch.com.

    1. All orders are subject to availability. You understand and accept that products that are sold out may not come back in stock and may be removed from our Website. If you order multiple products as part of the same transaction and one of the ordered items is unavailable, we may fulfill your order in part by removing any out of stock products from your order.

    1. Pricing and Payments

      1. Although we take care to ensure that all product prices on the Website are correct and current, please understand that errors are possible. If there was an error in the price of a product you ordered, we would contact you, and you will have the option to either confirm your order at the correct price or cancel your order. We do not have any legal obligation to accept orders at a lower price due to any errors in pricing on our Website.

    1. We reserve the right to change any product’s price on our Website or withdraw any offers without giving any prior notice to you. Offers may be subject to additional terms and conditions that are not contained in this Agreement. Please review the relevant offer terms and conditions when buying a product on offer.

    1. As displayed on our Website, product prices do not include shipping fees and handling charges, which will be added at the time of checkout (if applicable).

    1. All our products are shipped from Italy and deliveries to some jurisdictions may attract import duties in the destination country. You shall be solely responsible for the payment of any such import duties applicable to your order. We advise you to contact your local Customs authority to obtain all relevant information before placing your order.

    1. You will be charged the full purchase price plus applicable shipping fees and handling charges for the ordered product at the time you place your order. By providing us with your payment information, you represent and warrant that you have the right to use the provided payment method.

    1. Please note that we will not be liable for any delay or non-delivery resulting from any payment authorization refusal by your payment card issuer.

    1. Shipping Policy

All orders will be shipped to the shipping address provided by you at the time you submit your order. It is solely your responsibility to carefully review your shipping address before submitting your order. We will not accept any responsibility for deliveries made to incorrect or incomplete shipping addresses provided by you.

Please note that if you provided us with an incorrect shipping address and your order has already been dispatched, we will require the order to be returned to us before we can issue you a refund. If your order is not returned, you will not be eligible for a refund.

  1. Carriers and Delivery Time

All orders are fulfilled by our suppliers who may make use of third party shipping service providers. Although these shipping service providers make their best effort to ensure that your order is delivered on time, we will not be held liable for any loss or damage incurred by you or any other person as a result of any delay in delivery due to no fault on our part. You understand and accept that all delivery time frames provided by us are estimates only.

    1. Shipping Fees, Handling Charges, and Taxes

We will display all applicable shipping fees, handling charges, and taxes for your order (excluding customs duties payable by you to your local Customs authority) on the checkout page.

You will be solely responsible for the payment of all shipping fees, handling charges, taxes and duties on your order. Please carefully review all amounts before confirming your order.

    1. Unsafe Shipping Address

Please provide us with a secure shipping address so you, or a person authorized by you, can accept your order’s delivery. We will not be responsible for any theft or damage if you provide us with an unsafe shipping address where your parcel will be left unattended. All risk in the order will pass to you once the tracking reflects that the order was delivered to your specified shipping address. We will not offer any replacement or refund for any loss or damage arising from an unsafe shipping address.

    1. Order Cancellations, Returns, and Replacements

  1. Order Cancellations

You can easily cancel your order before it is processed. To cancel your order, please send your cancellation request to support@brandawatch.com with your order number. If your order has not been processed at the time when we receive your cancellation request, we will immediately cancel your order, and your payment will be reversed.

If your order has already been processed for delivery, you will need to wait until you have received your order before returning it to us.

    1. Returns

All sales are deemed final after 8 days from the date of delivery, and we will not accept any return requests after that.

If you wish to return a product, please do so within 8 days from the date you accept delivery. This returns policy does not cover products listed as ‘non-returnable.’

  1. Returns Process

To return a product, please send an email to support@brandawatch.com with your order number and request a return merchandise authorization (RMA) number within 8 days from the date you accept delivery. Please note that an RMA number must be issued before returning any product. You will be solely responsible for the payment of any return shipping fees except where you are returning an incorrect delivery or damaged products.

  1. Return of incorrect deliveries or damaged product

In the unlikely event that we delivered an incorrect product to you or the product you received was damaged at the time of delivery, please contact us at support@brandawatch.com within 24 hours from the time of delivery along with your order number, your contact number, and a detailed description of the nature of the fault. You may be required to provide photographs, video, or other requested evidence of the damage/fault or incorrect delivery before we can provide you with an RMA number. If we are satisfied that the product you received was not what you ordered or it was damaged, we will provide you with an RMA number. Once you receive the RMA number from us, you can send the product back to us along with your RMA number. Once we receive the returned product, we will issue a full refund to you, including two-way shipping fees.

Please note that our supplier usually checks all watch batteries prior to shipping, therefore you are advised to kindly check the battery of the watch prior to sending your return request for a non-functioning product. If the problem should persist you can contact us.

All returned products must satisfy the conditions outlined in Section 5.5.2.c) ‘Returned Products’ to qualify for a refund.

  1. Returned Products

We strongly advise you to use a trackable shipping service when returning the product to us. We will not be responsible for any lost parcels or parcels that get damaged in transit, and we will not be able to offer you a refund until we receive and inspect the returned product. We will only offer you a refund for a returned product if the following conditions are met:

  • The returned product must be: unused, unopened in its original condition with all the original packaging, accessories, and manuals included with the product. Where a complimentary gift was included with the purchase, such gift must also be returned unused;

  • In case of returns of defective or damaged products, the defect or damage must not be caused by your negligence or failure to follow the product care/use instructions after accepting delivery.

We will inspect all returned products, and we reserve the right to refuse a refund or reduce the amount of refund if the returned product does not comply with the conditions outlined above.

    1. Refund Policy

Provided the returned product satisfies the conditions set forth in section 5.5.2.c) above, we will issue a full refund for a returned product (excluding original shipping and handling charges). All approved refunds will be made to the same payment method you used when you placed your order.

Refund Process

Once we receive the returned product, we will inspect the product before approving and issuing the refund. All approved refunds are processed within 7 days from the date the returned product is received at our return shipping address.

  1. B2B Terms of Sale

Please note that these Terms and Conditions only govern the use of the Website and sale of products from the Company to consumers. If you are a business and you wish to purchase our products for resale, please note that you will be governed by our B2B Terms of Sale which are not included in this Agreement. Please contact us to discuss your business and how you can purchase our products by writing to support@brandawatch.com.

  1. Account Termination

Termination by the user

You may terminate your user account at any time by accessing the account settings or by contacting us at support@brandawatch.com with the words ‘account termination’ in the subject line.

Termination by the Company

We reserve the right to terminate your user account at any time without giving prior notice to you if we find that:

  • You have violated the terms of this Agreement;

  • You have violated any applicable laws; or

  • Your conduct is harmful to us or any of our users.

  1. Electronic Communication

By providing us with your email address, you acknowledge that you are communicating with us electronically. You consent to receive communications from us electronically in return. We will communicate with you by email to respond to your inquiries or to send you direct marketing material when you subscribe to our mailing list. You agree that any notices that we provide to you electronically satisfy the legal requirements of any specific communication be in writing.

  1. Feedback

We welcome our customers' feedback on our products and any suggestions for improvements. Although we love to receive feedback, we want to avoid all misunderstandings as to the nature of this communication. When you send your feedback, you understand that you are granting us full and exclusive rights to use, disclose and/or otherwise exploit your ideas and suggestions, either by inclusion in our business, in whole or part, without any restriction or compensation to you, now or ever in the future.

Contact us:

Email: support@brandawatch.com.

  1. Maintenance

Your access and use of the Website may be interrupted at any time with or without prior notice to you for any system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. We shall not be liable to indemnify you for any loss or/and damage or/and costs or/and expense that you may suffer or incur as a result of such deactivation or/and suspension.

  1. Amendments

We reserve the right to update these Terms to comply with any applicable laws/regulations, to reflect any changes in our business practices, or for any other reasons we deem fit in our sole discretion. Where we make any amendments to these Terms, we will notify you by posting the updated Terms on the Website and changing the last modified date on the top.

Unless expressly specified otherwise, the updated Terms shall be effective from the date the updated version is posted on the Website. Please take the time to review these Terms regularly to familiarize yourself with any material changes. By using the Website after the amended Terms are posted on the Website, you agree to be bound by them.

  1. Product Warranty

We offer guarantee for all products sold through our Website to be in compliance with applicable Italian and European Union Laws. ANY PRODUCT OFFERED FOR SALE ON THE WEBSITE IS WARRANTED ONLY IF, AND TO THE EXTENT OF ANY APPLICABLE MANUFACTURER’S WARRANTY. If you wish to exercise the warranty for a product you purchased through our Website, please contact us with your order number.

  1. Disclaimer of Warranties

THE WEBSITE IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE COMPANY AND ITS OFFICERS EXPRESSLY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OR NON-INFRINGEMENT. THE COMPANY DOES NOT MAKE ANY WARRANTY THAT:

  1. THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR IN ANY PARTICULAR LOCATION;

  2. THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;

  3. ANY ERRORS OR DEFECTS WILL BE RECTIFIED;

  4. THE WEBSITE WILL MEET YOUR REQUIREMENTS;

  5. THE WEBSITE WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES AND OTHER HARMFUL CODE.

THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY ERRORS, OMISSION, INTERRUPTION, DELAY IN TRANSMISSION, NETWORK FAILURE, OR UNAUTHORIZED ACCESS TO, DELETION OR MODIFICATION OF YOUR USER DATA HELD BY THE COMPANY. THE COMPANY DOES NOT OFFER ANY WARRANTIES OR MAKE ANY REPRESENTATIONS REGARDING ANY CONTENT/INFORMATION AVAILABLE ON THE WEBSITE. THE COMPANY DOES NOT OFFER ANY GUARANTEE OR MAKE ANY PROMISES REGARDING ANY SPECIFIC RESULTS FROM THE USE OF THE WEBSITE OR CONTENT. IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, RESULTING FROM THE USE OF THE WEBSITE, ANY CONTENT ON THE WEBSITE OR ANY USER INTERACTION/CONDUCT, WHETHER ONLINE OR OFFLINE.

YOUR DECISION TO USE THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

  1. Limitation of Liability

IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY NATURE, INCLUDING LOSS OF SAVINGS, COSTS OF ACQUIRING SUBSTITUTE PRODUCT OR OTHER COSTS, ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE WEBSITE, ANY CONTENT AVAILABLE ON THE WEBSITE OR ANY PRODUCTS PURCHASED THROUGH THE WEBSITE, EVEN IF THE COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws. Both parties agree to submit to the exclusive jurisdiction of the courts to resolve any claims and disputes arising out of this Agreement.

  1. Force Majeure

The Company shall not be liable for the failure to perform any of its obligations if such failure is as a result of any Acts of God (including fire, flood, earthquake, storm, hurricane, or other natural disasters), war, invasion, an act of foreign enemies, hostilities (regardless of whether war is declared), epidemic, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service..

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