TAG HEUER, BRANCH OF LVMH SWISS MANUFACTURES SA

1. OTHER APPLICABLE TERMS

These terms of use refer to our privacy policy which also applies to your use of our Website. Our privacy policy sets out information about how we use your personal data. If you purchase products from our Website, our Terms and Conditions will apply to the sale of the products to you. Please take the time to read them, as they include important terms which may apply to you.

2. INFORMATION ABOUT US

We are, LVMH Watch & Jewellery (UK) Limited, trading as TAG Heuer, a company registered in England and Wales under company number 1620385 (“we”, “us” or “our”). Our registered office is at Duval House, 16 - 18 Harcourt Street, Worsley, Manchester, M28 5GN.

Our VAT Number is: 588 6 104 08

3. OUR RIGHT TO VARY THESE TERMS OF USE

We may revise these Terms of Use at any time by amending this page. Please check this page from time to time to ensure you are aware of any changes we have made, as they are binding on you. Your continued use of the Website after any such changes are posted will be considered acceptance of such changes.

4. CHANGES TO OUR WEBSITE

4.1 We may update our Website from time to time, and may change the content at any time. However, please note that content on our Website may be out of date and we are under no obligation to update it.

4.2 We do not guarantee that our Website, or any content on it, will be free from errors or omissions.

5. ACCESSING OUR WEBSITE

5.1 Our Website is made available free of charge.

5.2 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

5.3 You are responsible for making all arrangements necessary for you to have access to our Website.

5.4 You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

6. YOUR ACCOUNT AND PASSWORD

6.1 You may register for an account on our Website. If, in registering for an account, we provide you with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

6.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

6.3 If you know or suspect that anyone other than you knows your user identification code or password, please promptly contact us at https://www.tagheuer.com/contact.

6.4 We may use information which you have provided to us to contact you about products or services which we feel may be of interest to you. Please see our Privacy Policy for further information, as available here https://www.tagheuer.com/en/privacy-policy.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 TAG Heuer and/or its licensors own all right, title and interest in and to the Website, all text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on the Website (“content”), as well as the look and feel and the design of the Website and the organization of the content on the Website, including but not limited to any copyrights, trademarks (as defined below), patent rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant you ownership of any content on the Website. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Subject to these Terms of Use, TAG Heuer grants you a limited, revocable, non-sublicensable and non-transferable license to use the Website and the materials contained thereon only for your personal, domestic and private use.

7.2 You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organization to content posted on our Website.

7.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

7.4 You must not use any part of the content on our Website for commercial purposes without obtaining a specific license to do so from us or our licensors.

7.5 If you print off, copy or download any part of our Website in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8. TRADEMARKS

8.1 “TAG HEUER”, “Heuer” and the TAG Heuer logo are Swiss registered trademarks of LVMH Swiss Manufactures SA. More generally, the trademarks, logos, service marks and trade names (individually, a “trademark” and collectively, the "trademarks") displayed on the Website or on content available through the Website are registered and unregistered trademarks of TAG Heuer and others and may not be used unless authorized by the trademark owner.

8.2 All trademarks not owned by us that appear on the Website or on or through the Website’s services, if any, are the property of their respective trademark owner. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without our written permission or that of the third party trademark owner. Your misuse of the trademarks displayed on the Website is strictly prohibited.

9. PROHIBITED CUSTOMER ACTIVITY

9.1 Unless expressly permitted in these Terms of Use or with our written consent, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transfer, sell or in any way exploit the contents of this Website. You agree not to use our Website for any commercial or business purposes.

9.2 You shall not: (i) engage in spidering, “screen scraping”, “database scraping”, harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website or the services offered on or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Website through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, impair the Website or such services, or interfere with any other party’s use and enjoyment of the Website including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or features in violation of our or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law.

9.3 You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website and the content, or make unauthorized use thereof. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.

10. YOUR COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

10.1 We welcome your suggestions, feedback, ideas and other submissions (“submitted materials”) about the Website, its content, and our products. However, by submitting or sending submitted materials to us, you: (i) represent and warrant that the submitted materials are original to you, that no other party has any rights thereto, and that any "moral rights" in submitted materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.

10.2 We cannot be responsible for maintaining any submitted materials that you provide to us, and we may delete or destroy any such submitted materials at any time. Any submitted materials will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and the Website’s privacy policy.

11. NO RELIANCE

11.1 The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

11.2 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date. We also try to accurately display the colors of the products you see on the Website. However, we cannot guarantee that the colors you see on your monitor will be accurate.

12. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

12.1 We do not warrant that the Website or the services, content, functions or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the Website will meet user’s requirements. No advice, results or information, whether oral or written, obtained by you from us or through the Website shall create any warranty not expressly made herein.

12.2 We will be responsible to you for the loss or damage you suffer that is a foreseeable result of your use of our Website, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

12.3 Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that may not be excluded or limited by English law.

12.4 We only supply the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any Website linked to it.

12.6 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services by us to you, which will be set out in our Terms and Conditions of Sale.

13. PROHIBITION ON UPLOADING CONTENT TO OUR WEBSITE

13.1 You may not upload content to our Website or make contact with other users of our Website. If you upload content to our Website or contact another user of our Website in contravention of these Terms of Use:

• 13.1.1 we will immediately remove any posting you make on our Website (if relevant);
• 13.1.2 you will be liable to us and indemnify us for any breach of these Terms of Use. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of these Terms of Use; and.
• 13.1.3 we will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of our Website.

13.2 If you upload content to our Website or contact another user of our Website, we may disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their legal rights (including, without limitation, intellectual property rights, or their right to privacy).

14. LINKING TO OUR WEBSITE

Our Website must not be framed on any other Website. If you wish to make any use of content on our Website you must obtain our prior written consent. Please contact us through https://www.tagheuer.com/contact.

15. VIRUSES

15.1 We do not guarantee that our Website will be secure or free from bugs or viruses.

15.2 You are responsible for configuring your information technology, computer programs and platform in order to access our Website. Please ensure that you use virus protection software.

15.3 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.

15.4 You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. By breaching this provision, you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

16. THIRD PARTY WEBSITE LINKS

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Please note these websites have their own privacy policies and terms of use, which you should read prior to accessing the third party websites. We have no responsibility for the content of those websites or pages and accept no liability for any losses whatsoever that may be incurred as a result of any linking to the same.

17. MISCELLANEOUS

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of the Terms of Use remain in full force and effect.

18. APPLICABLE LAW

18.1 If you are a consumer, please note that these Terms of Use are governed by the law of England and Wales. If you are a consumer in England and Wales, you and we both agree that the courts of England and Wales will have exclusive jurisdiction.

18.2 If you are a business, these Terms of Use (and any non-contractual disputes or claims) are governed by the law of England and Wales and we both agree to the exclusive jurisdiction of the courts of England and Wales.

19. 2023 TCS London Marathon Join Team TAG Heuer Ballot - Terms and Conditions

19.1 We are LVMH Watch & Jewellery (UK) Ltd, trading as TAG Heuer, with our registered office address at Duval House, 16-18 Harcourt Street, Worsley, Manchester, M28 3GN (referred to below as ‘TAG Heuer’).

19.2 By entering this prize draw you are deemed to have accepted these terms and conditions. TAG Heuer reserves the right to refuse entry, or refuse to award the prize to anyone in breach of these terms and conditions.

19.3 The prize draw is free to enter and no purchase is necessary.

19.4 All entries must be submitted via the form on the TAG Heuer website (referred to below as the ‘Form’).

19.5 To enter the prize draw you must enter the competition within the following competition dates: from 09:00 GMT Monday 24th October 2022 to 09:00 GMT Monday 5th December 2022 (referred to below as the ‘Closing Date’). Entries received after the Closing Date will not be considered.

19.6 You must enter the prize draw with your own personal details; you may not enter on behalf of anyone else. There is only one entry allowed per person. Should you use a false name or e-mail you will be disqualified.

19.7 Sbject to paragraph 8 below, the promotion is open to UK residents only aged 18 years of age or over.

19.8 Tpromotion is NOT open to: TAG Heuer employees and their immediate families, their agents or anyone else in any way professionally connected with the promotion.

19.9 Internet access will be required, and, TAG Heuer will not pay a contribution to its cost.

19.10 No bulk or third party entries shall be accepted. Entries made online using methods generated by script, macro or the use of automated devices will be void.

19.11 TAG Heuer accepts no responsibility for entries not successfully completed due to a technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind.

19.12. Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and TAG Heuer’s privacy policy.

19.13 The winners will be picked at random [via a computer process] from all of the valid entries received before the Closing Date.

19.14 By completing the Form and agreeing to enter the prize draw, you will then be entered and given the chance of winning a place to run for Team TAG Heuer in the TCS London Marathon 2023 (referred to below as the ‘Prize’).

19.15 There will be 3 winners in total.

19.16 TAG Heuer must either publish or make available information that indicates that a valid award took place. To comply with this obligation TAG Heuer will send the surname and county of Prize winners to anyone who emails [events.uk@tagheuer.com] or writes to [TAG Heuer, LVMH Watches & Jewellery UK Ltd 16-18 Harcourt Street, Worsley, Manchester, M28 3GN] within one month after the Closing Date. If you object to any or all of your surname and county being published or made available, please contact TAG Heuer [events.uk@tagheuer.com]. In such circumstances, TAG Heuer must still provide the information to the Advertising Standards Authority on request.

19.17 The Prize is supplied by The London Marathon Events Limited of 190 Great Dover Street, London, England, SE1 4YB. Each winner agrees to comply with the terms and conditions applicable to all London Marathon participants. TAG Heuer will share winner’s email address with The London Marathon Events Limited who shall process that personal data in accordance with their privacy policy.

19.18 All Prize winners are running for Team TAG Heuer and therefore should represent the brand in a respectable manner.

19.19 All Prize winners are required to run in a TAG Heuer branded running T-shirt which will be outlined in more detail when the competition winners are contacted.

19.20 TAG Heuer will contact the winners (via the contact details they provided at entry - TAG Heuer is not responsible for details inserted incorrectly) within 5 working days of the Closing Date. If the winner doesn’t respond or accept the Prize (including providing name and details of the winner) within 48 hours of the 1st communication, TAG Heuer reserves the right to offer the Prize to the next valid entrant drawn at random via the process set out at paragraph 13 above.

19.21 The Prize is exclusively as stated. The Prize must be taken as stated and unless otherwise specified cannot be deferred or transferred and no cash or other alternatives will be offered.

19.22 The Prize is only redeemable by the named winner. It must not be sold on.

19.23 TAG Heuer cannot guarantee that the Prize will be free from all disruptions, failings and/or errors.

19.24 TAG Heuer reserves the right to replace the Prize with an alternative prize of equal or higher value if circumstances beyond TAG Heuer's control makes it necessary to do so.

19.25 Insofar as is permitted by law, TAG Heuer, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the Prize except where it is caused by the negligence of TAG Heuer, its agents or distributors or that of their employees. Your statutory rights are not affected.

19.26 TAG Heuer reserves the right to withdraw, change or cancel the promotion at any time where it becomes necessary to do so.

19.27 In consideration of being awarded the Prize the winner may be asked by TAG Heuer to take part in publicity related to the subject of the promotion. Such publicity may include, without limitation, use of the entrant’s name, photograph and statements made by the entrant concerning the promotion and/or Prize.

19.28 TAG Heuer’s decision is final and no correspondence will be entered into.

19.29 The prize draw (including these terms and conditions) will be governed by English law and entrants to the prize draw submit to the jurisdiction of the English courts.