60seconds Terms of Use

Lastupdated February 20th , 2022

Introduction

These Terms of Use (the "Agreement") are a contract between you and 60seconds ltd ("60seconds")and govern your access to and use of the 60seconds mobile application (the"60seconds Mobile App"), the 60seconds Shopify app, the 60secondswebsite located at www.60seconds.app and all other 60seconds-branded websites(each, a "Website"), and other software applications and online services provided by 60seconds (collectively, the "Service").

Users Based Outside the UK

If you are based in Europe but outside the UK you agree to the applicable supplemental terms that are included at the end of this Agreement, so please review them carefully.

If you are based in the United States, Canada, Australia, or New Zealand, or anywhere else outside of Europe or the UK, then the applicable Terms of Use that govern your use of the Service are set forth here: LINK US

If you are based in Poland, then the applicable Terms of Use that govern your use of the Service are set forth here: LINK EU

Accepting the Terms

By using any portion of the Service, you agree to comply with and be bound by this Agreement. This Agreement applies to you regardless of whether you are a "Member"(which means you have created an account with 60seonds) or are a "Visitor" (which means that you are using the Service but have not created an account with 60seconds). The terms "you" or "User" refers to a Visitor or a Member. The terms "we" or "our" refers to 60seconds. You must be an individual and at least 18years old, or the age of majority in your state or country of residence, to use the Service. You may not use the Service or accept this Agreement if you are not of a legal age and able and competent to form a binding contract with 60seconds.If you use the Service, you represent that you have the capacity to be bound by this Agreement. The Service is for personal, non-commercial use. You agree that you are not using the Service for or on behalf of any third-party or for any commercial purpose.

Amendments to this Agreement

60seconds may modify this Agreement from time to time. All changes to this Agreement will be posted on LINK, and will be effective at the time of posting, unless otherwise noted. If our changes reduce your rights or increase your responsibilities, we will provide a notice to you of at least 30 days (by email and/or by way of other reasonable means, such as by posting notice of the changes on our Website). In addition, the Agreement will always indicate the date it was last revised. By continuing to use our services after any changes to this Agreement take effect, you agree to be bound by those changes. If you do not agree to the changes, you are free to exercise your right to stop using the Service and terminate this Agreement.

Privacy and your Personal Information

The Service is subject to 60second’sprivacy and data protection practices (our "Privacy Policy"). Please read 60second’s Privacy Policy found at LINK. Our Privacy Policy explains how 60secondscollects, uses and shares your information when you visit our Website, use the 60secondsMobile App or otherwise access the Service.

Description of the Service

The Service includes a suite of tools that allows Users to bid for the price when shopping online. As described in more detail below, Members can also use the Service to earn 60secondsloyalty rewards points (as defined below). 60seconds offers a variety of ways to access aspects of our Service, including the Website, app for Shopify and, in some countries, the 60seconds Mobile App. Not all aspects of our Service will be available through all channels or in all locations. For example, some aspects of our Service may only be available through the 60seconds browser extension, or for users in certain countries.

In addition, you must become a Member to access some portions of our Service, including to receive accepted request from the vendor.

60seconds does not charge fees to you for its Service. We try and locate the best products for the vendors to offer on the 60seconds platform, track product pricing and negotiate exclusive offers that may be better than other publicly available deals. We make money to sustain the Service when you purchase or engage with these offers.

60seconds is not responsible is the vendor do not accept bid from User.

While we attempt to provide accurate descriptions within or through the Service, much of the information we display (including many prices and products descriptions) is provided by third-parties that we do not control. We do not warrant that the product descriptions, third-party offers or pricing, or related merchant information or terms shown through the Service (including the browser extension, Website, 60secondsMobile App or emailed offers) are accurate, complete, reliable, current, or error-free. The inclusion of any products within the Website or 60secondsMobile App at a particular time does not imply or warrant that these products will be available at any other time.

Accepted pricing is subject to availability. Exclusions, restrictions, and terms and conditions (including third-party merchant exclusions, restrictions, and terms and conditions) may apply. Deals change often, and due to this, your application of requests at checkout may or may not result in savings for your order.

Merchant Websites and Purchases

The Service allows you to view information about products listed for bid by third-party merchants online, find offers on those products, and track pricing information. 60seconds may provide product information and savings opportunities through our browser extension when you are on a third-party merchant’s website. You may also reach a third-party merchant website through a link from the Website or emailed offer, or a merchant website may be displayed to you through the 60seconds Mobile App. However, in all cases any merchant product will be purchased directly from the merchant and through the merchant’s website. You are not buying the product from or through 60seconds. 60seconds is not a re-seller or distributor of any products of third-party merchants.

Merchant Returns

If you are unhappy with your merchant product purchase, if you wish to return your merchant product, if you ordered a merchant product and it has not arrived, or if you have another customer service inquiry regarding your purchased merchant product, you will need to contact the third-party merchant from whom you purchased the product. 60secondsis not involved in your merchant product purchase and is not able to assist with any customer service enquiries or returns related to that purchase. To assist you with customer service concerns, 60seconds may, for some merchants, include the merchant’s contact information within the 60seconds Mobile App.

60seconds Offers and Third-Party Links

60seconds may display to you"60seconds Offers" and other personalized and non-personalized pricing and product information regarding goods and services offered by third-party merchants. These offers and product information may be provided in several ways, including as links to third-party websites or as discount codes you can apply to your purchase of products offered by third-party merchants. In order to improve our services, 60seconds may track how you use the services we provide, including whether you click-on 60seconds links to third-party websites, your actions on those third-party merchant websites, and whether you use the discount or coupon codes displayed by 60seconds.

60seconds Is Not Responsible for Third-Parties

All products you purchase from a third-party merchant, including those linked from the Website or 60secondsemailed offer, or displayed through the 60seconds Mobile App or through the 60secondsbrowser extension, are: (a) priced by the applicable third-party merchant(including whether such prices include applicable taxes, and any additional fees, such as shipping and handling); and (b) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds, and cancellations) by the applicable third-party merchant and not by 60seconds. 60secondsis not responsible for any third-party merchant products, or any information contained on the third-party merchant’s website (including if the third-party merchant’s website is displayed through the 60seconds Mobile App).

You agree that your purchase from a third-party merchant is subject to such merchant’s own terms and conditions applicable to such purchase. You agree that 60seconds is in no way responsible or liable to you for any products you purchase through or using the Service, including for any product liability claim, improper charges, delivery failures, pricing errors, or inaccurate product descriptions. You acknowledge and agree that 60seconds is not liable or otherwise responsible for any breaches of credit card or debit card security or privacy by any third-party merchants.

60seconds does not endorse, warrant or guarantee the products or services that are displayed through the Service, including through 60seconds bid offers and other advertised links to third-party websites. 60seconds is not an agent, distributor, re-seller, broker or otherwise responsible for third-party merchants or the activities or policies of those merchant websites or the products or services available on them. 60seconds does not promise or guarantee that the product details, prices, coupon availability or other service terms, rates or rewards offered by any particular advertiser or other third-party via our Service are the best prices, best terms or lowest rates available in the market.

When you access third-party websites through our Service, you accept that there are risks in doing so, and that 60seconds is not responsible for such risks. We encourage you to be aware when you are on a third-party merchant website and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilise.

60seconds has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices or opinions expressed in any third-party websites or by any third-party that you interact with through the Service. In addition, 60secondswill not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Service, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

If you have a dispute with any third-party (including a merchant from whom you purchase a product in connection with the Service), you agree that 60seconds is under no obligation to become involved. To the maximum extent permitted by applicable law, you release 60seconds, our parent company PayPal, Inc., our affiliates, and each of their respective officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to any dispute you have with a third-party in connection with the Service.

60seconds Mobile App

The 60seconds Mobile App is only available for users in certain countries and may not currently be available in your country or location.

The 60seconds Mobile App works on an application linked to a particular device and operating system, such as Apple's iOS operating system. Your use of the 60seconds Mobile App may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple®, Google® or Microsoft® your mobile device manufacturer (e.g., Apple®, Samsung®), your mobile service carrier(e.g., AT&T® or Verizon®), and other parties involved in providing your mobile device service (which we individually refer to as a “Covered Third Party” and which we collectively refer to as "Covered Third Parties"). You agree to comply with all applicable third-party terms of service when using the 60seconds Mobile App. We are not a party to those agreements and we have no responsibility for the products and services provided by third parties. You acknowledge and agree that this agreement is between you and 60seconds, not with any Covered Third Party. You acknowledge and agree that we (and not any Covered Third Party) are solely responsible for the Honey Mobile App and for providing any maintenance or support services for the 60secondsMobile App.

Covered Third Parties have no warranty obligations whatsoever with respect to the 60seconds Mobile App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the 60seconds Mobile App to conform to any warranty provided by us, if any, will be our sole responsibility.

We, not any Covered Third Parties, are responsible for addressing any claims relating to the 60secondsMobile App, including, but not limited to: (i) product liability claims; (ii)any claim that the 60seconds Mobile App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) intellectual property claims.

If you are using the 60secondsMobile App on an Apple® or Google® device, you acknowledge and agree that Apple® or Google® (as applicable), and their subsidiaries (as applicable), are third party beneficiaries of this Agreement, and that they will have the right(and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which participate in the 60secondsMobile App.

To the extent the other terms and conditions of the rest of this Agreement conflict with the terms and conditions of this section, the terms and conditions in this section apply, but solely with respect to your use of the Honey Mobile App downloaded from the Apple App Store or Google Play Store.

Account Information from Third Party Sites

When you establish an account with 60seconds, we may allow you to register your account, log-in, or otherwise link your 60seconds account with an account you maintain with a third-party, such as Facebook or Google ("Linked Account"). You represent that any Linked Account belongs to you and you are permitted to link it to your 60secondsaccount. 60seconds does not control the policies and practices of any third-party site or service, including any Linked Account you connect to the Service and Honey is not responsible for any actions or omissions of providers of a Linked Account, including related to accuracy, legality or non-infringement. 60seconds is not responsible for the products and services offered by or through your Linked Account. If permitted by your Linked Account,60seconds may import information from your Linked Accounts to help better offer the Service to you.

Referral Program

60seconds may, from time to time, allow you to earn rewards points in connection with taking actions to promote the Service, including by referring a friend to the Service("Referral Program"). To be eligible to earn rewards points through the Referral Program (i) you must refer a new user to the Service by providing your personalized link, (ii) the new user must use your link to create a user account and become a Member and (iii) the new user must make a qualifying purchase using their Member account and earn Honey Gold loyalty rewards points.

You may not attempt to earn rewards points in connection with the Referral Program through fraud, deceit, or artificial or illegal means, including by creating multiple or duplicate accounts, engaging in a bot network, spam, advertising or any paid promotional channel. We reserve the right, to withhold loyalty rewards points for any reason in connection with the Referral Program with or without cause. We may also limit and without prior notice, the amount of rewards points you may earn through the Referral Program or any aspect thereof. Failure to comply with this Agreement or any fraudulent or abusive actions may result in the removal of loyalty rewards points from your account, and may also result in 60secondssuspending or closing your account and/or suspending or terminating your access to the Service.

Your Log-In and Account Information

You agree and understand that you are responsible for maintaining the confidentiality of your Log-in ID, email address, password and any other personal identifying information or other codes used to access your 60seconds account or the Service ("Log-In Information"). If you become aware of any unauthorized use of your Log-In Information, you agree to notify 60seconds immediately.

Accurate records enable 60secondsto provide the Service to you. You agree to keep your email address, your other contact information and any payment information in your 60seconds account profile accurate and up-to-date. If you do not do this, the accuracy and effectiveness of the Service to you will be affected and you may not receive account notices that we deliver to you. If you fail to keep your contact information updated, you will still be deemed to have received any notices we deliver to the email address you last provided.

Electronic Notices

By providing us with your email address, you agree to receive all account related notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard modern, commercially available internet browser. We may also use your email address to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile and /orc lick "Unsubscribe" in any e-mail communications we send you.

Electronic Notifications

60seconds may provide you with electronic notifications by email, push notification or other electronic means. Some electronic notifications are mandatory, including security-related notifications, such as when you update your log-in information or password.

Other types of notifications are voluntary and may be modified through the Service. They may be customised, deactivated or reactivated by you. These notifications allow you to choose alert messages for your account. 60seconds may add new notifications from time to time, or cease to provide certain notifications at any time. Each alert has different options available, and you may be asked to select from among these options upon activation of your notifications service. You may also be able to modify how you receive push notifications via the Honey Mobile App through your mobile device by changing your mobile device settings.

Electronic notifications will be sent to the email address you have provided as your primary email address for the Service.

Because notifications are not encrypted, we will never include your password. However, notifications may include your 60seconds login information and some information about your accounts. Anyone with access to your email will be able to view the content of these notifications. While you may disable certain voluntary notifications, we will still send you Service-related notices as needed to allow us to provide you the Service.

60second's Intellectual Property Rights

The contents of the Service, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under copyright, trademark and other laws. The contents of the Service belong or are licensed to60seconds or its software or content suppliers. 60seconds grants you the right to view and use the Service subject to this Agreement. Any distribution, reprint or electronic reproduction of any content from the Service other than as expressly permitted in this Agreement or with our prior written consent, is prohibited. If you would like to request such permission, send us an email at info@60seconds.app

Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non- commercial purposes. Subject to your compliance with this Agreement, 60seconds hereby grants to you, a personal, worldwide, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to (i) use the software and content provided to you as part of the Service (for personal, non-commercial purposes; and (ii) download a single copy of our software for such use.

You agree that 60seconds may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials (although any use of your personal information will be subject to our privacy policy).

Technology Disclaimer

Your access and use of the Service may be interrupted from time to time due to third-party failures outside of our control (such as unavailability of general internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance or repair of the Service by 60seconds. While we will make reasonable efforts to make the Service available to you, we do not promise that it will be available at all times.

You are responsible for providing the mobile device, wireless service plan, software, internet connections, and/or other equipment or services that you need to download, install, and use the 60seconds Mobile App. We do not guarantee that the 60secondsMobile App can be accessed and used on any particular mobile device or with any particular service plan. We do not guarantee that the 60seconds Mobile App will be available in, or that orders for products can be placed from, any particular geographic location.

60seconds cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. 60seconds cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.

Rules for Posting Content

As part of the Service, 60secondsmay allow Users to post content on various publicly available locations in the Service ("User Content"). You agree in posting User Content to follow the following rules:

  • You are responsible for all User Content you     submit to the Service.
  • By submitting User Content to us, you  represent that you have all necessary rights and hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Service and our business, including without limitation for promoting and redistributing     part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a     non-exclusive license to access and use your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of,     display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
  • You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
  • You may not interfere with other Users' use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.

Prohibited Activities

You represent, warrant, and agree that you will not contribute any content or otherwise use the Service or interact with the Service in a manner that:

  1. Infringes or violates the intellectual  property rights or any other rights of anyone else (including 60seconds);
  2. Violates any law or regulation or this Agreement;
  3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. Involves the sharing of any information which is false, inaccurate or misleading;
  5. Jeopardises the security of your 60seconds account or anyone else’s (such as allowing someone else to log in to the Service as you);
  6. Attempts, in any manner, to obtain the password, account, or other security information from any other User;
  7. Violates the security of any computer network, or cracks any passwords or security encryption codes;
  8. Runs Mail list, Listserv, any form of auto-responder or "spam" on the Service, or any processes that  run or are activated while you are not logged into the Service, or that otherwise interfere with the proper working of the Service (including by placing an unreasonable load on the Service’s infrastructure) or that  would bypass the navigational structure or presentation of the Service;
  9. "Crawls," "scrapes", or "spiders" any page, data, or portion of or relating to the Service or Content (through use of manual or automated means);
  10. Copies or stores any significant portion of the Content;
  11. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Service; or
  12. Circumvents, removes, alters, deactivates, degrades or thwarts any protective or security measure, or any content protections, which Honey has implemented as part of the Service.

If you violate or infringe any of the rules above, we may immediately suspend or terminate your right to use or access the Service.

Limitations on 60second's Liability

The Service is provided on an "as is" basis. 60seconds specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and any warranties arising out of course of dealing or usage of trade.

We are not responsible for loss or damage resulting from your use of the Service that is not ‘foreseeable’. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agree to this Agreement, both you and we are aware that it might occur.

The Service is provided for personal, non-commercial use only. We have no liability for any loss of profit, loss of business, loss of contract, business interruption, or loss of business opportunity in connection with your use of the Service.

You are solely responsible for ensuring the accuracy of any User Content that you provide (and for the consequences, should such User Content not be accurate).

We don’t exclude or restrict our liability in any way that would be unlawful, including our liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.

Ending your Relationship with 60seconds (and vice versa)

This Agreement will continue to apply until terminated by either you or 60seconds as set out below. If you want to terminate this Agreement, you may do so immediately at any time by closing your account for the Service. Please use the directions below to cancel your account, only if you have created a Membership. Otherwise just uninstall Honey and stop visiting our Website and using the Service.

Email support@60seconds.app to cancel your account. Upon doing so:

  • your account will be closed, your rewards points balance be zeroed, and your ability to log in deactivated; and
  • any data in our records will be retained  subject to our privacy policy.

60seconds may immediately, at any time, terminate this Agreement (and therefore your right to access and use the Service) by notifying you (if safe to do so) to the e-mail address provided by you as part of your Registration Information. Unless the reason for 60secondsdoing this is that you have breached this Agreement in a serious way.

Governing Law and Forum for Disputes

This Agreement, and your relationship with 60seconds under this Agreement, shall be governed by the laws of England and Wales. However, if you are based outside England and Wales, the additional consumer rights and protections you are entitled to under the laws of the country in which you are based will also apply.

In the event of any dispute which you are not able to resolve by contacting us, you can bring legal proceedings in the courts. Alternatively, you may submit any dispute to the European Commission Online Dispute Resolution platform for online resolution, accessible [here].

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if 60secondsdoes not exercise or enforce any legal right or remedy which is contained in the Agreement (or which 60seconds has the benefit of under any applicable law),this will not be taken to be a formal waiver of 60second’s rights and that those rights or remedies will still be available to 60seconds.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement. The term "including" in this Agreement means "including but not limited to."

Contact Us

60seconds welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing us atinfo@60seconds.app or writing us at Unit 6 Queens Yard, White Post Lane, London, United Kingdom, E9 5EN.

Right of withdrawal

If you are consumer based in Europe or the UK, you can withdraw from this Agreement and close your account within the first 14 days without paying a penalty and without giving a reason. This 14-day period begins at account opening on the day our agreement with you starts (or, if later, the day you receive our terms). If you wish to withdraw from this Agreement during those 14 days, please notify us by closing your account and paying any amounts you owe us. Visit 60second’s website for more information on how to close your account.

If you are a consumer and you close your account within that 14-day period, we may charge for transactions you have made or services you have used during that time (if in future, any fees are introduced for any of our products or services).

This right to withdraw is in addition to the terms set out this Agreement. If you do not exercise your right of withdrawal within this 14-day period then your account will remain open, and this Agreement will continue until closed either by you or 60seconds.

European Users Based outside the UK

If you are a User based in Europe but outside the UK, some differences to the terms of this Agreement will apply. These will depend on the country in which you are based and are set out below. Please review these carefully, as they form part of the Agreement.

Germany

The section entitled "Limitations on 60seconds's Liability" above does not limit or exclude 60second’s liability for gross negligence in respect of users based in Germany.

Italy

Despite the section ‘Governing Law and Forum for Disputes’ above, if you are a user based in Italy then any dispute between you and 60seconds regarding this Agreement will only be dealt with by the courts of the place in which you are domiciled or resident.

You may also apply for an out-of-court mechanism to solve any dispute relating to this Agreement (in accordance with Sections 141 – 141 deices of the Italian Consumers’ Code, 6 September 2005 no. 206). By way of example, you may utilise or consult the European Online Dispute Resolution platform referred to above.