Terms of Use

QLEKTA Professional watch trade Platform Terms of Use

Welcome to Qlekta Professional watch trade Platform (hereinafter reffered to as – “Qlekta”) - the professional platform for premium-class secondary watches trading – an advertisement Service bringing together watch sellers and buyers.

Qlekta terms of use (hereinafter referred to as – the “Terms”) govern the relationship between the Limited liability company Qlekta, the registration number of the Commercial Register of the Republic of Latvia 40203224217 (hereinafter referred to as – the "Company") and Internet Users with access to Qlekta (hereinafter referred to as – the "Users", "You").

You can use Qlekta under this Terms and Qlekta PRIVACY POLICY 

If You do not agree with them, You should stop using Qlekta.

Qlekta Terms of Use are designed to:

• ensure compliance with local laws and regulations;
• reduce risks for buyers and sellers;
• ensure that no one would have unfair advantages;
• create a pleasant environment for making purchases;
• protect intellectual property rights.

1. What is Qlekta

Qlekta is an Internet platform that is available on Qlekta.com website (including all domain levels) using the full and mobile versions and mobile app, which is a set, that is located in the Company's Intellectual Property Objects Information System and Information (administrative and User's content) (hereinafter reffered to as - “Qlekta”).

Qlekta is an electronic catalog with advertisments for goods (watches and their accessories) (hereinafter reffered to as - “Goods”) that can be offered by Users and searched in Qlekta to make deals. 

For authorized Users, the Company provides a technical opportunity to place information in Qlekta in the ad's format according to the categories of goods provided. For all Users (regardless of authorisation), the Company provides a technical oppotunity to search and view advertisements in Qlekta for the purposes provided in this Terms. Qlekta's automatic algorithms process requests to provide relevant information in search results.   

The Company is not a party to the deal between the seller and the buyer. Users use the information provided by Qlekta to make deals independently, assuming all risks and responsibilites. The Company is not responsible for the deals entered into between the Users. Qlekta does not determine the legal provisions applicable to the transactions between the Users.

Any recommendations we make in connection with the Services, such as pricing, shipping, advertising and the deployment of resources, are intendent solely for informational purposes, and You decide whether to comply with them or not to. Even in view of the fact that we can help to solve conflict situation using different programs, the Company does not have the means of control and does not guarantee the existence, quality, safety and legality of the advertised goods, the veracity and accuracy of User's advertisments and their content, the ability of the sellers to sell the product and the customers to pay for it, and the fact that the deal between the buyer and the seller will be completed or the goods will be returned.

2. Registration in Qlekta

You can register in Qlekta using Your mobile phone number and e-mail or through Your profile on the social network provided in Qlekta's login form. After registration, we will create Your unique profile. At the same time, there can be only one Qlekta profile attached to a specific phone number and/or e-mail. 

For spam and abuse protection, Google Recaptcha is used on our platform.

If You register in Qlekta via the social network, certain functions will be limited for You. To access all service functions, You must specify a phone number in Your profile. To perform certain activities in Qlekta, You must provide Your e-mail address to the Company.  

While registering in Qlekta, You guarantee that You have all the rights and powers necessary to comply with these Terms.

3. Login (authorisation) to Qlekta

You can login to Your Qlekta profile (to authorize) using either the mobile phone number/e-mail address specified in Your profile, either via the social network associated with Your profile (hereinafter reffered to as - “Login data”). In the first case, You enter the password You have previously created, and in the second case You need to authorize the social network first. 

You must keep Your Qlekta’s login data confidential and secure. If You have reason to believe that someone has obtained unauthorized access to them, notify us immediately. Otherwise, any action in Qlekta taken by person who authorized  with Your data will be considered as Your actions. You will be responsible for such actions. 

NOTE: If a User has registered in Qlekta platform via Google or the Facebook social network, then in case of deleting the Google/Facebook account, the data from our page will be erased too. 

4. Information about Users

The information that You provide to the Company about yourself must be reliable, relevant and must not violate laws and third-party rights. Your obligation is to update them on Your Qlekta profile as needed. 

We may at any time request documents or information from the User to identify, confirm the accuracy of the information provided or veracity of Your authority. If the User cannot provide them, we have the right to restrict access to his/her profile.

We cannot guarantee that all the information provided by users in Qlekta is true and that each user is truly what he or she presents. Be cautious while making deals and choosing party to the deal.

We do not provide third parties with information on Users and their content that is not shared except in cases specified by law (e.g., at the request of different national authorities). At the same time, we cannot be responsible for the illegal activities of third parties regarding Your contact details and other information that You have made publicly available.

We analize Your use of Qlekta to improve our Services, including to help You rate Qlekta's Service quality and perfomance using dates of statistics.

5. User's content

You are the owner of information, that You've placed on ad's (including pictures, photos, product description in the advertisement, item details, User's contact information and other elements), in Your Qlekta profile and comments (hereinafter referred to as - “User's content”). 

The Company is not a User's content distributor. You create, edit, post and make User's content publicly available in Qlekta without any participation or approval by the Company. You are obliged to independently ensure it's full compliance with the laws and regulations of the Republic of Latvia, the European Union, the rules for the placement of advertisements of these Terms.

By placing User's content in Qlekta, You make it available to other Internet Users.

Qlekta doesn't deal with censorship of User's content. We are taking action to protect rights and ensure compliance with the law only on the basis of duly authorized persons to the prescribed procedures.

The purpose by which Users place User's content in advertisements and the part of the profile that other Users can see is to establish contacts with potential buyers, which are seeking Qlekta to enter into a deal for the goods that User is offering in the advertisement.  

It is prohibited to collect, extract, record, systemise, use, transfer, distribute, copy, reproduce and perform any other action relating to User's content, including the contact details of sellers (including using automated information processing tools) for purposes other than those provide for in this Terms.

It is not permitted to use the contact details of Qlekta Users for purposes other than those specified in this Terms, including any commercial, marketing and other inappropriate offers that do not meet their placement purposes in Qlekta.

6. Messaging between Users

Authorized Users can use messages to discuss items and terms of the deal. You should not use messaging for any other purpose.

User's correspondence in messages  is not personal. We are entitled to use automated content control programs and tools and to view User's correspondence selectively to ensure the exercise of rights and obligations under the Terms.

If Qlekta Company provides You with information about another User, You agree to use this information only for the purpose for which it was provided to You. You cannot disclose, sell, distribute, or transfer information about third parties of other Users for purposes other than the provision of the Services. In addition, You cannot use information about the marketing needs of other Users electronically or otherwise, unless You have obtained the agreement of a particular User. 

7. Qlekta communication with Users

We can send You:

• system notifications from which it is not possible to unsubscribe (for example, to confirm registration in Qlekta, to inform You of actions within specific Qlekta Services or about limiting access to profile or advertisements);
• service notifications related to Your activities in Qlekta (for example, for receiving a message from another User, personal selection of interested advertisements);
• promotional and marketing news and offers (including promotions and Company news, research invitations, Qlekta tips).

We can send You messages at Your profile notification centre, to the e-mail address or phone number specified in your profile, to your device in the form of push notifications, as well as to messages on Qlekta platform. In some cases, we can also contact You by phone.

You can manage the receipt of news and marketing offers, as well as some service alerts, in Your profile settings. The functionality of the settings may vary depending on the device used.

8. Deleting a profile in Qlekta

You have the right to delete Your Qlekta profile at any time. Within 30 days from the time Your profile was deleted on Your initiative, You will not be able to use the email address specified in the deleted profile for a new registration in Qlekta.

We will delete Your Qlekta profile if You haven't used it once in three years.

9. Intellectual rights

All rights to the use of a Qlekta network address (domain name), to Qlekta website as a whole, and to objects included in it's intellectual property (including computer programs, databases, graphical interface design and individual elements), Company's name, trademarks/logos and other Company's distinguishing marks belong to the Company. The word term “Qlekta” is protected as a trademark and is used by the Company on the basis of a licensing agreement with the copyright holder.

The exclusive rights to intellectual property rezults included in the User's content belong to the relevant Users and copyright owners. You guarantee that Your User's content does not violate the rights of third parties to intellectual property. If You do not have the right to place relevant intellectual property results in Qlekta or the power to give the Company the right to use such results in the ways specified in this Terms, You should not place such content in Qlekta.

By placing User's content in Qlekta, You grant the Company a non-exclusive right (simple non-exclusive license) to use this content and it's contained intellectual property objects under the following conditions: for an indefinite period, free of charge, without the need to obtain additional User's permission for the use of such objects, for operation in all countries of the world; in any way for any use in any of the media, both with and without the name of the author; the exercise of the Company's legitimate rights and interests, the enforcement of the Terms, as well as marketing purposes and materials, commercial and non-commercial projects and Services of the Company and it's partners. The Company has the right to store copies of the Archives of User's content and not to remove from steram marketing and other materials, which contains them.

The watch or accessory brand name is the property of the respective rights holder and is only used in advertisements because it is a part of the offer and indicates the quality of the watch or accessory.

When placing User's content in Qlekta, You also grant third parties (potential buyers) right to use this content and it's contained intellectual property objects with a limited license with a purpose of viewing the User's content in order to get acquainted with the goods offered in the advertisement and to establish a contact for the deal making in respect of the goods that the User offers in the advertisement.

Without the Company's consent, it is prohibited to use (including extracting from database, collecting, recording, systematising, transferring, distributing, copying, reproducing) User's content (including images, photos, product description in the advertisement, product information, User contact information and other items) and the Company's exclusive rights objects by any means and for any purpose other than those specified in this Terms (for example, creating or including a database in existing databases, deploying to third-party infromation systems, non-matching calls to Users), regardless of their size and alignment with specific Users. No Company exclusive rights objects, User's content elements, information about Qlekta Users that they have places in a Qlekta advertisement database cannot be used in any way other than those provided for in this Terms without the Company's prior permission.

We have the right to automatically apply Qlekta logos/watermarks to photos loaded to prevent unauthorized copying of User's content.

10. Other User obligations

While using Qlekta and co-operate with the Company, You also undertake:

• not publishing, placing advertisements or downloading content or information about goods in inappropriate categories or places on this website;
• not to violate or circumvent any laws, regulations, third-party rights, or our systems, regulations or Your account status;
• not to use Qlekta Service for financing terrorism, proliferation and other criminal transactions, money laundering or tax avoidance;
• not to use our Services, if You do not have the right to enter into legally binding agreements (for example, You are under 18 years old) or if You are prevented from using our websites, Services, applications or features for an indefinite period of time;
• not to take any actions that violate feedback systems or ratings;
• not to transfer Qlekta account (including feedback) and User login to another person without our consent;
• not to distribute or forward spam, unsolicited or mass messages, “lucky letters” or offers to participate in the financial pyramid;
• not to spread viruses or other technologies that could harm Qlekta, User's interests or property;
• not to use robots, crawlers (ad bot's), collectors, data analysis tools, data collection and retrieval tools or other automated tools to access our Services for any purpose without Qlekta's express prior permission to use such tools;
• not to infringe copyright, trade mark rights, patent rights, public use rights, moral rights, database rights and other intellectual property rights (all together - “Intellectual Property Rights”) belonging to or provided to Qlekta under the license. The following infringements are subject to, but no limited to the following: rendering, execution, presentation, distribution, copying, reverse design, decompiling, dismantling and the creation of derived works based on the Company or other person owned content;
• not to violate any intellectual property rights belonging to third parties whose interests are affected in connection with the use of Your Services or not to publish any content that You do not own;
• not to collect data on Users without their consent or
• not to circumvent the technical means taken to provide the Services;
• to comply strictly with all the requirements of the regulatory enactments of the Republic of Latvia and the European Union;
• to follow the Terms of Use of Qlekta, deployment terms, and other Qlekta terms and Company's regulations;
• not to use Qlekta functionality or Qlekta deployed information for purposes other than those specified in this Terms;
• not to use Qlekta or Qlekta's contact information received for spam messaging;
• not to use automated scripts (programs, bots, robots) without Company's permission to collect information in Qlekta or otherwise co-operate with the website;
• not to post, place, direct or use in any other way non-legislative vocabulary, erotic, vulgar or offensive images and texts, information and expressions containing threats, cause cruelty, hatred, disrespect or may result in unlawful acts, political expressions or advertising, and other information and other expressions which do not comply with morality standarts and business practices;
• to ensure the placement of information, communication and deals without any direct or indirect discrimination, regardless of race, colour, sex, age, disability, religion, political or other beliefs, national or social origin, property or family status, sexual orientation or other circumstances;
• not to use software without Company's permission to access Qlekta, view or place advertisements, bypassing the normal procedures for using Qlekta;
• not to  load, store, distribute or otherwise use viruses or other malicious programs in Qlekta;
• not to do activities that could create a disproportionate load on Qlekta infrastructure, restrict access to Qlekta or otherwise disrupt the normal functioning of the website.

11. Infringements and consequences

We're trying to make Qlekta a comfortable and secure tool, so we reserve the right to perform at any time and at our discretion a random check of how Users are fulfiling the Terms of Use of Qlekta. We also use automated systems and techniques to identify potential Qlekta abuses more effectively.

If there is reason to believe that a violation of laws, third-party rights or these Terms has occurred or may occur using Your Qlekta profile or other technical means, we shall have the right to temporarily or permanently restrict access to Your profile, reject or block Your advertisements or feedback, and to suspend or restrict Your access to certain Qlekta functionality. We also have the right to restrict access to Qlekta from a certain range of IP addresses or phone numbers (e.g. DdoS attack or unauthorized use of software to perform operations with Qlekta).

We have the right to restrict and restore access to the profile, and to lay down the conditions for such a renewal at our discretion and without explanation. By restricting access to the profile following the Company's decision, You will not be able to use the phone numbers in this profile to create a new profile in Qlekta.

We are not responsible for any potential damages incurred by the Users in taking steps to prevent and stop irregularities in Qlekta. We recommend that You save a backup copy of Your User's content to Your device.

You may be administrative, criminal or civil responsible for infringements of laws or rights of third parties using Qlekta. Upon determining possible violations of regulatory enactments, the Company is entitled to provide information to law enforcement authorities or other State institutions, including by transferring the information at it's disposal regarding the particular User, the persons related thereto.

The Company and it's representatives shall not be responsible in front of the Users or any third party for indirect, accidental, unintentional losses, including lost profits or lost data, honour, dignity of business reputations related to the use of Qlekta.

12. Disclaimer of warranties and limitation of liability

We are trying to make our Services safe and reliable, but we cannot guarantee continued access to the Services or the provision of Services. Receiving notification in Qlekta applications may be implemented with delays. Delays affecting this functionality are out of Qlekta control.

You agree that You are using our Services at Your own risk and that our Services are provided on the basis of “AS IT IS” and “AS AVAILABLE” principle. Accordingly, to the maximum extent permitted under the legislation in force, we renounce any direct or indirect guarantee commitment, Terms and conditions, including, but not limited to, indirect guaranteed on the quality of trade, the suitability of the product for a specific purpose and the non-infringement of intellectual property rights.

Moreover, as far as the applicable law permits, the Company is not responsible and You undertake not to call the Company liable for any loss or damage (including, but not limited to, cash, company prestige, business reputation and profit losses, other intangible losses, or any special, incidental or indirect losses) caused directly or indirectly was the following:

• content that You have provided (directly or indirectly) through the Service;
• Your use or inability to use the Services;
• Qlekta recommendations on prices, delivery, format and other issues;
• delays or interruptions in the provision of the Services;
• viruses or other malicious software obtained as a result of access to or transition to Services;
• temporary failures, defects, errors on inaccuracies of any kind in the Services;
• damage to Your hardware as a result of using any Qlekta Service's;
• content, actions or omissions of third parties, including goods, advertisements for which are placed through the Services and destruction of potentially counterfit goods;
• suspension or other action taken in connection with Your account or failure to comply with the above conditions regarding compliance with Qlekta Terms and/or our Services;
• the duration or manner in which Your advertisements appear in search results, as provided in the Advertisement placement section mentioned above;
• forced changes in Your methods, content or behavior, loss of business or inability to do business due to changes in this User Agreement or these Terms.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the absence of any warranty or exclusion may not be appliable to You. In this case, the maximum amount of damages recoverable by Qlekta is limited to direct proven damages, and for indirect damages - to the amount that the User paid to Qlekta immediately prior to the action that entailed liability, or 100 EUR

13. Protection of personal data

By agreeing with these Terms, the User shall confirm his or her agreement that the Company will process his or her personal data provided at the time of registration in Qlekta, as well as the User's willingly being inserted, using Qlekta. The processing of personal data by the User is carried out in accordance with the General Data Protection Regulation (Europrean Union Regulation) on data protection and other aplicable normative enactments.

The Company processes User personal data in order to provide Services provided through Qlekta.

The Company shall take all necessary steps to protect the User's personal data from unauthorized access, change, disclosure or destruction.

For more information on what personal data Qlekta processes, how it is used and how long it is stored, see the PRIVACY POLICY section.

14. Final provisions

The provisions of Titles 2,3,6 to 8 of these Terms apply to the Users registered in Qlekta. All other rules apply to all Qlekta Users, regardless of registration and authorisation. Any co-operation with Qlekta (including viewing the information that published in it) confirms that You agree with the Terms. The Company's obligation to provide access to Qlekta's functionality is encouraging as regards Your obligation to comply with the Terms. When there is no payment for the use of Qlekta, the Consumer Protection Act shall not apply to the relationship between the Company and the Users. Specific rules may regulate the provision of certain Qlekta functionality.

Qlekta functionality can be changed, supplemented or discontinued at any time without prior notice to the Users. The use of Qlekta is proposed in the “as is” mode, that is, in the way and to extent that the Company provides Qlekta functionality when contacting them. We are not responsible for temporary delays or interruptions in Qlekta's operations and the information losses they cause.

Qlekta can contain links to thirs-party websites. We do not control and not responsible for the availability, content and legality of such third-party websites.

When resolving all disputes between the Company and the Users, the laws of the Republic of Latvia shall apply. Any potential disputes arising from the relationship governed by these Terms on the Use of Qlekta shall be reffered to the court in accordance with the territorial jurisdiction of the Company (Riga, Latvia), unless otherwise specified in the Law.

These Terms are drawn up in Latvian and translated into other languages ​​for the convenience of Users. In case of discrepancies or any inconsistencies of the text in the semantic content, the text in Latvian takes precedence.

We update Qlekta Terms of Use as needed. We recommend that You periodically visit the page on which they are located: https://staging.qlekta.com/en/help/terms-of-use. If You continue to use Qlekta following changes to this Terms, You will confirm Your agreement with the changes made to it.

QLEKTA AND IT'S SERVICES, INCLUDING ALL QLEKTA SCRIPTS, APPLICATIONS, CONTENT AND DESIGN, ARE PROVIDED “AS THEY ARE”. THE COMPANY RENOUNCES ANY GUARANTEE THAT QLEKTA OR IT'S SERVICES MAY OR MAY NOT MEET SPECIFIC USES. THE COMPANY CANNOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS RESULTING FROM THE USE OF QLEKTA AND/OR IT'S SERVICES.

If You have any questions about Qlekta Terms of Use, You can find answers in the HELP SECTION or contact YOUR SUPPORT SPECIALISTS.