Termini

These Terms of Use apply to our website (including 60seconds.app), mobile application and related services (collectively, the “Services”) which are made available owned, controlled, managed, maintained and/or hosted by WinApp Technologies Ltd., a limited liability company incorporated and existing under the laws of Montenegro and having its registered seat at Bijela BB 85340 Herceg Novi, Montenegro (“60seconds” or “WinApp Technologies”). You agree that your use of the Services signifies that you have read and agree with these Terms of Use. If you do not agree with these Terms of Use, you should not use the Services. Please read these Terms of Use carefully, because they affect your legal rights, including your right to pursue claims against 60seconds.

These services pages, the content, and infrastructure of the pages are owned, operated, and provided by 60seconds and are provided for your personal, non-commercial (B2C) use only, subject to the terms and conditions set out hereinbelow. The relationship that 60seconds has with the Brands (as defined below) are governed by separate terms and conditions which govern the (B2B) commercial relationship 60seconds has with each of these Brands. Each Brand acts in a professional manner vis-à-vis 60seconds when making its product(s) available through 60seconds Platform (as defined below). Please note that Brands have, declare applicable, and/or require (acceptance of) – in addition to the policies and fine print as disclosed on the website, their own (delivery/ shipping/ carriage/ usage) terms and conditions (which may include certain disclaimers and limitations of liability).

"60seconds Platform" means the (mobile) website and mobile application through which the Brands market, promote, offer and sell their products, which is made available owned, managed, controlled, maintained, and/or hosted by 60seconds.

"Brand(s)" means the professional fashion store(s) or fashion products manufacturer(s) which continuously or from time to time advertise(s), market(s), make(s) available and sell(s) their products on the Platform.

Scope and Use of the Services

You may use the Services only in accordance with and subject to these Terms of Use and our Privacy Policy and its terms are made a part of these Terms of Use by this reference(available at link za Privacy Policy).60secondsPlatform is intended for utilization of sale and purchase of goods via internet and other means of communication, education of Members on how to use services of information technologies and promotion thereof, in particular e-commerce.

60seconds is solely the marketing portal/platform for the Brand. If you have problems with the Brand or the goods, services and/or experiences provided, or to be provided, in connection with the Brand, we will use all reasonable efforts in our competence to assist you in dealing with the Brand. However, we cannot and do not guarantee the issuance of any credits and/or refunds. Any attempted redemption of any Brand not consistent with these terms and conditions and such additional terms and conditions as discussed above; and may result in a forfeiture of charges you paid to 60seconds therefor.

Through 60seconds Platform (i) Brands - in their professional conduct of business can advertise, market, promote, offer and sell their products and (ii) Members (as defined below) can discover, search, compare, and make an order/request, purchase, or pay (if applicable). With easy browse through 60seconds Platform and virtual store of your favorite brand, you request item in just 3 clicks. Request for a discount for the item you like. Remember that you suggest the price, the bigger the requested discount, the longer the waiting period for an approval from your favorite brand.When it comes to your turn, you will get a notification from the brand. Be ready because you will get only 60 (sixty) seconds time to buy when you open your notification of your favorite item for the price that you asked for. When you click buy, you will be more than welcome to enter your personal data such as: address, phone number, city, country etc. for shipping, and your card details for purchase. By using or utilizing the Services, you enter into a direct (legally binding) contractual relationship with the Brand with which you make a request or purchase a product. From the point at which you make your request, we act solely as an intermediary between you and the Brand, transmitting the relevant details of your reservation/request to the relevant Brand(s) and sending you a confirmation email for and on behalf of the Brand. 60seconds does not offer or (re)sell any (fashion) product.

Membership Eligibility

The Services are available to Members who are 18 years and older, who have properly registered and who have not been suspended or removed by 60seconds for any reason (the “Member”). By registering as a Member, you represent that you are of legal age. As a Member, you agree to provide true, accurate, current, and complete information about yourself as requested in our registration form. 60 seconds reserves the right to revoke or prohibit your membership for any reason at any time, without notice, but, in particular, upon any violation of any of these Terms of Use or the Privacy Policy. Once you complete and submit your registration, you have agreed to receive email communication from us. Each Member is only entitled to have one Member account with 60seconds at any time. 60seconds reserves the right to delete multiple registrations. You may not use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of 60seconds or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use the Services to: (a) transmit via or through the Services any information, data, text, images, files, links, or software except in connection with your authorized use of the Services or otherwise in response to specific requests for information by us; (b) introduce to our websites or mobile applications or otherwise in connection with the Services any computer or website viruses, worms and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of the Services or an employee of 60seconds; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to our websites or mobile applications or any component of any of them; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Services for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.

You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.

Return Refund

Items that have been returned for a refund to your original form of payment will be refunded at the original purchase price plus applicable sales tax and the return shipping charges (if any) will be deducted from your refund. Please note that when purchasing a product, you are entering into a direct (legally binding) contractual relationship with the Brand thus the responsibility and obligation of refund to your original from of payment lies with the Brand and its return refund terms and conditions.

Free of Charge for Member,Commission

Unless indicated otherwise, our Service is free of charge for Members and 60seconds will not charge you for our Service or add any additional (reservation) fees to the indicated price. Member will pay the Brand the relevant amount as indicated in reservation/request and purchase order (plus, insofar not included in the price - relevant applicable taxes, levies, and fees (if applicable)).

Brands pay a commission (being a small percentage of the product price, e.g. fashion item) to 60 seconds after the Member/end user has consummated the product i.e. paid the purchase price of a Brand product.

Text Messages, Member Email and Notifications

If you provided us with your mobile phone number, we will not send you any text messages. All notifications are made via the Platform and mobile phone number is required for shipping purposes. We will provide Members with the ability to send us email messages/notifications/complaints.

Accuracy of Content, Limitations on Quantity

When rendering Services, the information that 60seconds discloses is based on the information provided by Brands. Brands that market, offer and sell their products on 60seconds Platform are given access to 60seconds systems and extranet through which they are fully responsible for updating all prices, quantities, availability, policies and conditions, and other relevant information which is displayed on 60seconds Platform. We will use all reasonable efforts and care to correct such errors as soon as practicable, however cannot guarantee that all information is accurate, complete, or correct, nor can we be held responsible for any errors (including manifest and typographical errors) any interruptions, inaccurate, misleading, or untrue information or non-delivery of information. Each Brand remains responsible at all times for the accuracy, completeness, and correctness of the information displayed on 60seconds Platform.

The information we provide in connection with the Services and Platform is believed to be complete and reliable.; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use all reasonable efforts and care to correct such errors as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, or terminate a promotion, or Brand at any time without notice (including after an order has been submitted and/or acknowledged). The offer of any products at a particular time does not guarantee that the products will be available. To the fullest extent permitted by law, if a product offered and sold via the Platform is not as described, your sole remedy is to return it subject to the terms set forth herein.

Proprietary Rights

You acknowledge and agree that the content, software, materials and other components (including but not limited to our logos, graphics, videos, music, button icons, and page headers) used in connection with the Services are the property of WinAppTechnologies, and/or its affiliates, subsidiaries, or licensors and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. Our Service is made available for personal and non-commercial use only. Therefore, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from content or materials available on our websites or mobile applications or otherwise in connection with the Services for any commercial or competitive activity or purpose. Reference to any products, services or other information by trade name, trademark, manufacturer, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof or any affiliation therewith by WinAppTechnologies. All trademarks and/or content not owned by WinAppTechnologies that appear on or in connection with the Services are the property of their respective owners. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited. 60seconds relies upon a network of independent vendors who supply some of the products we advertise and drop ship them directly to you. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted in connection with the Services, or items advertised on our websites or mobile applications, by our vendors.

Links to Third-Party Websites, No Implied Endorsements

60secondswebsites and mobile applications may contain links to other websites on the Internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality, or any other aspect of any linked website. In no event shall any reference to any thirdparty, third-party website, or third-party product or service be construed as an approval or endorsement by us of that third party, third party website, or of any product or service provided by a third party.

Indemnification

By using the Services, you agree to indemnify, hold harmless, and defend WinAppTechnologies, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives, and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use of the Services in violation of these Terms of Use and/or arising from a breach of these Terms of Use (including, without limitation, any breach of your representations and warranties set forth herein); and/or (ii)your activities or omissions in connection with the Services infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other rights of any party. You agree to cooperate as fully as reasonably required in the defense of any claim. 60seconds reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding harmless.

Disclaimers

To the fullest extent permitted by law, 60seconds is not and shall not be at any time responsible or liable for any loss or damage of any kind, including personal injury or death, (whether in tort, contract, or strict liability) arising out of or related any act or omission by Members, by 60 seconds or by any third party or by any of the equipment or programming associated with or utilized in connection with the Services. Any content submitted by our vendors does not necessarily reflect the opinions or policies of 60seconds.

To the fullest extent permitted by law, 60seconds is not responsible for any problems or technical malfunction of any telephone or cable network or lines, computer systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on in connection with the Services, including any injury or damage to Member's or other person's computer related to or resulting from participation on or through the Services.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, ALL CONTENT USED IN CONNECTION WITH THE SERVICES AND ALL TEXT, IMAGES, MERCHANDISE, AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WINAPP TECHNOLOGIESDOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WINAPP TECHNOLOGIES, ITS PARENT, SUBSIDIARIES, DIVISIONS, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SERVICES BE LIABLE TO ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE OR ACCESS THE SERVICES OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY WINAPP TECHNOLOGIES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF WINAPP TECHNOLOGIES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF WINAPP TECHNOLOGIES, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SERVICES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO WINAPP TECHNOLOGIES IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR PURCHASE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 60seconds, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SERVICES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF 60seconds.YOU HEREBY ACKNOWLEDGE THAT THE PRECEDING PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, PRODUCTS, SERVICES AND EXPERIENCES AVAILABLE THROUGH THE SERVICES.

Risk of Loss

The items purchased through the Services are shipped by the respective Brand or a third-party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the Brand and/or carrier.

Unavailability of Services, Termination, Fraud

We may alter, suspend, or discontinue these Services in whole or in part, at any time and for any reason, without notice or cost. In addition, the Services may be temporarily unavailable from time to time for maintenance or other reasons. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Services or your account or membership, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and/or use of the Services or your account is terminated, you must cease and desist from all such access and/or use immediately. In the event these Terms of Use or your membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

Copyright Infringement; Notice and Take Down Procedures

If you believe that any materials on our websites or mobile applications infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative, and must: (a) identify the allegedly infringing materials; (b) indicate where on the websites or mobile applications the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you.

Dispute Resolution; Governing Law

While we will make every reasonable effort to resolve any disagreements you may have with 60 seconds, if these efforts fail you and we agree that all claims, disputes or controversies arising out of or relating to your use of the Services, these Terms of Use, the purchase, sale and/or redemption of any merchandise and/or the content, display or disclosure of any information on or in connection with the Services or any offers (the “Claims”) are subject to court proceedings before competent court in Montenegro. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. Notwithstanding the above, it is agreed that you or 60seconds may bring suit in court to enjoin infringement or other misuse of intellectual property rights. These Terms of Use (together with the Privacy Policy) and any Claims shall be governed by the substantive laws ofMontenegro, without regard to its conflict of laws principles.

Modification

These Terms of Use are subject to revision by 60seconds. If we deem any of the revisions to be material changes, we will notify you in advance by sending you an e-mail to the last e-mail address you provided to us of the changes to our websites and mobile applications. Any changes will be effective upon the date specified in such notice, provided that the changes will not apply to your use of the Services prior to the effective date of the changes. If you do not accept the changes, you should uninstall your 60seconds application before the effective date of the changes. If any change is found invalid, void or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. You should check for any new notices of changes regularly and stay informed of the Terms of Use. Your continued use of the Services after any change, regardless of whether a change was received by you directly, indicates your acceptance and agreement to any such change.

Miscellaneous

Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and 60seconds with respect to the Services. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of 60seconds to act with respect to a breach by you or others does not waive 60seconds right to act with respect to subsequent or similar breaches. 60seconds failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 60seconds without restriction. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use. For the avoidance of doubt, these Terms of Use apply solely to the extent permitted by law.