PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO MEET PAYING GUESTS FOR ANY REASON. THESE LAWS ARE OFTEN PART OF A CITY’S ZONING OR ADMINISTRATIVE CODES. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE LISTING THEIR AVAILABLE APPOINTMENT ON THIRTYMIN.
Last Updated: FEB 15, 2015
TERMS OF SERVICE
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR THEIR AVAILABLE APPOINTMENTS (DEFINED BELOW) AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK APPOINTMENTS DIRECTLY WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT THIRTYMIN IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS THIRTYMIN A REAL AGENT OR INSURER. THIRTYMIN HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
means all Content that ThirtyMin makes available through the Site,
Application, or Services, including any Content licensed from a third
party, but excluding Member Content.
“Booking Request Period” means the time period starting from the time when a booking is requested by a Guest (as determined by ThirtyMin in its sole discretion), within which a Host may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.
“Collective Content” means Member Content and ThirtyMin Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Guest” means a Member who requests from a Host a booking of an appointment via the Site, Application or Services.
means a Member who creates a Listing via the Site, Application and
“Listing” means an available appointment that is listed by a Host as available for booking via the Site, Application, and Services.
“Member” means a person who completes ThirtyMin’s account registration process, including but not limited to Hosts and Guests, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, Appointment or lodging taxes, fees (such as convention center fees) that appointment providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
ThirtyMin reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of appointments. Such appointments are included in Listings on the Site, Application and Services by Hosts. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Appointment or create a Listing, you must first register to create a ThirtyMin Account (defined below).
As stated above, ThirtyMin makes available an online platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of personal appointment directly with each other. ThirtyMin is not an operator of event management agency and is not buying the available appointment from hosts in advance. Unless explicitly specified otherwise in the ThirtyMin platform, ThirtyMin’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING AND BOOKING APPOITNEMNTS DIRECTLY WITH EACH OTHER. THIRTYMIN CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY APPIONTMENT. THIRTYMIN IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND APPOINTMENTS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.
In order to access certain features of the Site and Application, and to book an Appointment or create a Listing, you must register to create an account (“ThirtyMin Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your ThirtyMin Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to ThirtyMin through the Site, Services or Application; or (ii) allowing ThirtyMin to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to ThirtyMin and/or grant ThirtyMin access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating ThirtyMin to pay any fees or making ThirtyMin subject to any usage limitations imposed by such third-party service providers. By granting ThirtyMin access to any Third-Party Accounts, you understand that ThirtyMin will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your ThirtyMin Account and ThirtyMin Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your ThirtyMin Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or ThirtyMin’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your ThirtyMin Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. ThirtyMin makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and ThirtyMin is not responsible for any SNS Content.
We will create your ThirtyMin Account and your ThirtMin Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active ThirtyMin Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. ThirtyMin reserves the right to suspend or terminate your ThirtyMin Account and your access to the Site, Application and Services if you create more than one (1) ThirtyMin Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your ThirtyMin Account, whether or not you have authorized such activities or actions. You will immediately notify ThirtyMin of any unauthorized use of your ThirtyMin Account.
Available Appointment Listings
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the available appointment to be listed, including, but not limited to, the date, time location, and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all available appointments must have valid information. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your appointment via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your appointment, you may not request the Guest to pay a higher price than in the booking request.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post (i) will not breach any agreements you have entered into with any third parties (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any appointment included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that ThirtyMin assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. ThirtyMin reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that ThirtyMin, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or ThirtyMin’s then-current Policies and Community Guidelines or otherwise harmful to the Site, Application or Services.
If you are a Host, you understand and agree that ThirtyMin does not act as an insurer or as your personal agent. If a Guest requests a booking of your appointment and meets you, any agreement you enter into with such Guest during the meeting is between you and the Guest and ThirtyMin is not a party thereto. Notwithstanding the foregoing, ThirtyMin Payments serves as the limited authorized payment collection agent of the Host for the purpose of accepting, on behalf of the Host, payments from Guests of such amounts stipulated by the Host.
If you are a Host, ThirtyMin makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your appointment. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and your Guest is responsible for his/her acts and omissions.
Members are required by these Terms to provide accurate information, and although ThirtyMin may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by ThirtyMin about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to meet with a Host or to accept a booking request from a Guest, or to have any other interaction with any other Member. ThirtyMin is not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from ThirtyMin with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against ThirtyMin regarding the remittance of payments received from a Guest by ThirtyMin on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Bookings and Financial Terms
means the amounts that are due and payable by a Guest in for that
paid appointment. The Host alone, and not ThirtyMin, determines these
“Guest Fees” means the fee that ThirtyMin charges a Guest for the use of its online platform, which is calculated as a percentage of the applicable Appointment Fees. The Guest Fees will be displayed to the Guest when the Guest is asked whether to send a booking request to a Host.
“Host Fees” means the fee that ThirtyMin charges a Host for the use of its online platform, which is calculated as a percentage of the applicable Appointment Fees. The Host Fees will be displayed to the Host when the Host is asked whether to confirm or reject a booking request from a prospective Guest.
“Service Fees” means collectively the Guest Fees and the Host Fees.
“Total Fees” means collectively the Appointment Fees and the Guest Fees (plus any Taxes in respect of Guest Fees, such as VAT in Europe).
Bookings and Financial Terms for Hosts
If you are a Host and a booking is requested for your appointment via the Site, Application and Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest’s ThirtyMin Account profile page, (iii) the meeting reason provided by the Guest, so that you can view such information before confirming or rejecting the booking request. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by ThirtyMin for the requested booking will be refunded to the applicable Guest’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Guest, ThirtyMin will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
ThirtyMin Payments will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking request) and will initiate payment of the Appointment Fees (less ThirtyMin’s Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe) to the Host after 72 hours of when the Guest meets the Host (except to the extent that a refund is due to the Guest). The time it takes for the Host to receive payouts may depend upon the method for receiving payouts chosen by the Host. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Host, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount via ThirtyMin Payments to ThirtyMin (whether as a result of your bookings or actions as a Guest or otherwise), then ThirtyMin Payments may (but is not obliged to) withhold the amount owing to ThirtyMin from any payout amounts due to you as a Host, and use the withheld amount to setoff the amount owed by you to ThirtyMin. If ThirtyMin Payments does so, then your obligation to pay ThirtyMin will be extinguished to the extent of the amount withheld by ThirtyMin Payments, and ThirtyMin will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.
Appointment of ThirtyMin Payments as Limited Payment Collection Agent for Host
Each Host hereby appoints ThirtyMin Payments as the Host’s limited payment collection agent solely for the purpose of accepting the Appointment Fees from Guests.
Each Host agrees that payment made by a Guest through ThirtyMin Payments, shall be considered the same as a payment made directly to the Host, and the Host will make the Appointment available to the Guest in the agreed-upon manner as if the Host has received the Appointment Fees. Each Host agrees that ThirtyMin may, in accordance with the cancellation policy (i) permit the Guest to cancel the booking and (ii) refund (via ThirtyMin Payments) to the Guest that portion of the Appointment Fees specified in the applicable cancellation policy. Each Host understands that as ThirtyMin Payments accepts payments from Guests as the Host’s limited payment collection agent and that ThirtyMin Payments’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. ThirtyMin does not guarantee payments to Hosts for amounts that have not been successfully received by ThirtyMin Payments from Guests. In accepting appointment as the limited authorized agent of the Host, ThirtyMin Payments assumes no liability for any acts or omissions of the Host.
Please note that ThirtyMin does not currently charge fees for the creation of Listings. However, you as a Host acknowledge and agree that ThirtyMin reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that ThirtyMin will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Guests
The Hosts, not ThirtyMin, are solely responsible for honoring any confirmed bookings and making available any Appointment reserved through the Site, Application and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of an Appointment, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Appointment imposed by the Host. You acknowledge and agree that you, and not ThirtyMin, will be responsible for performing the obligations of any such agreements, that ThirtyMin is not a party to such agreements, and that, with the exception of its payment obligations hereunder, ThirtyMin disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that ThirtyMin is not a party to the agreement between you and the Host, ThirtyMin Payments acts as the Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of the Total Fees to ThirtyMin Payments, your payment obligation to the Host for the Appointment Fees is extinguished, and ThirtyMin Payments is responsible for remitting the Appointment Fees (less the Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe), in the manner described in these Terms. In the event that ThirtyMin Payments does not remit any such amounts as described in these Terms, such Host will have recourse only against such ThirtyMin entity.
The Total Fees payable will be displayed to a Guest before the Guest sends a booking request to a Host. As noted above, the Host is required to either confirm or reject the booking request within the Booking Request Period, otherwise the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by ThirtyMin Payments will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s credit card will be released, if applicable.
You as a Guest agree to pay ThirtyMin for the Total Fees for any booking requested in connection with your ThirtyMin Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that ThirtyMin Payments, on behalf of the Host, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. Once ThirtyMin receives confirmation of your booking from the applicable Host, ThirtyMin Payments will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that ThirtyMin cannot control any fees that may be charged to a Guest by his or her bank related to ThirtyMin’s collection of the Total Fees, and ThirtyMin disclaims all liability in this regard.
In consideration for the use of ThirtyMin’s online marketplace and platform, ThirtyMin charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Host Fees and Guest Fees. ThirtyMin Payments deducts the Host Fees from the Appointment Fees before remitting the balance to the Host as described in these Terms. Guest Fees are, as noted above, included in the Total Fees.
Balances will be remitted by ThirtyMin Payments to Hosts via check, PayPal, direct deposit or other payment methods described on the Site or via the Application, in the Host’s currency of choice, depending upon the selections the Host makes via the Site, Application and Services. Amounts may be rounded up or down as described the “Rounding Off” section below.
Please note that ThirtyMin Payments, may impose or deduct foreign currency processing costs on or from any payments or payouts by ThirtyMin in currencies other than U.S. dollars. More information on any such costs or deductions will be available via the Site and Application. More information on any such costs or deductions will be available via the Site and Application.
General Booking and Financial Terms
Cancellations and Refunds
If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, ThirtyMin Payments will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after the appointment time, the total Appointment fee will not be refunded.
If a Host cancels a confirmed booking made via the Site, Services, and Application, ThirtyMin Payments will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation.
If, as a Host, you cancel a confirmed booking, ThirtyMin may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
ThirtyMin may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, ThirtyMin will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Some currencies are denominated in large numbers. In those cases, ThirtyMin may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for ThirtyMin to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Payment Processing Errors
will take steps to rectify any payment processing errors that we
become aware of. These steps may include crediting or debiting (as
appropriate) the same payment method used for the original payout to
or payment by you, so that you end up receiving or paying the correct
Some Hosts may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Services to a particular cause or charity. We do not take any responsibility or liability for whether the Host does in fact make the donation he or she pledged to make. In such cases, the Host in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. ThirtyMin cannot and does not offer Tax-related advice to any Members.
Where applicable, or based upon request from a Host, ThirtyMin may issue a valid VAT invoice to such Host.
No Show-up or Late Arrival
As a Host, you are responsible for attending the Appointment on time. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to the meeting. In the event that a Guest claims otherwise and provides evidence of No-Show or Late Arrival, the appointment cost will be refunded in in full amount in case of no show and you should either extend the meeting time due to late arrival or reschedule it for free. After being notified of the claim and given forty eight (48) hours to respond, the payment will be refunded to the Guest and ThirtyMin may apply penalties or consequences to you or your Listing.
As a Guest, you are responsible for attending the Appointment on time. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to the meeting. In the event that a Host claims otherwise and provides evidence of No-Show or Late Arrival, you agree to pay the cost of full appointment and you don’t have the right to extend the meeting due to late arrival. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card or paypal account on file in your ThirtyMin Account.
Both Guests and Hosts agree to cooperate with and assist ThirtyMin in good faith, and to provide ThirtyMin with such information and take such actions as may be reasonably requested by ThirtyMin, in connection with any complaints or claims made by Members relating to Appointment or with respect to any investigation undertaken by ThirtyMin or a representative of ThirtyMin regarding use or abuse of the Site, Application or the Services.
ThirtyMin’s online platform facilitates bookings between Guests and Hosts who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the ThirtyMin platform may allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
"stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Thirtymin Guest or Host;
register for more than one ThirtyMin Account or register for an ThirtyMin Account on behalf of an individual other than yourself;
unless ThirtyMin explicitly permits otherwise, request or book an appointment if you will not actually be attending at the appointment yourself;
contact a Host for any purpose other than asking a question related to a booking;
contact a Guest for any purpose other than asking a question related to a booking or such ;
recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to ThirtyMin, without ThirtyMin’s prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
use the Site, Application, Services or Collective Content to find a Host or Guest and then complete a booking of an Appointment independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to ThirtyMin’s provision of the Services or for any other reasons;
as a Host, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, ThirtyMin name, any ThirtyMin trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without ThirtyMin’s express written consent;
access, tamper with, or use non-public areas of the Site, Application or Services, ThirtyMin’s computer systems, or the technical delivery systems of ThirtyMin’s providers;
attempt to probe, scan, or test the vulnerability of any ThirtyMin system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by ThirtyMin or any of ThirtyMin’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
advocate, encourage, or assist any third party in doing any of the foregoing.
ThirtyMin has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
ThirtyMin may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against ThirtyMin or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of ThirtyMin , its users, or members of the public . You acknowledge that ThirtyMin has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. ThirtyMin reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that ThirtyMin, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the UAE and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of ThirtyMin and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
ThirtyMin Referral Program
As a Member, by referring your friends to register in ThrityMin as a member, you may participate in the “Referral Program”, which is a loyalty program we offer to our Members. If you choose to participate in the Referral Program, for each friend you refer to ThirtyMin for which a Qualifying Referral (defined below) is completed, you may be able to receive ThirtyMin Credits (defined below) (each a “Referral Reward”). “ThirtyMin Credits” are “points” issued by ThirtyMin Payments that may be applied as credits to upgrade your account, pay for in-app purchases, or getting a discounted price for paid appointment Hvia the Site, Application and Services.
In order to receive a Referral Reward, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must log in to your ThirtyMin Account on the Site or Application and select either the “Invite Friends” or “Email Your Friends” link; (ii) you must share the link provided with friends via Facebook or Twitter, by copying and pasting the unique referral link generated via the Services, by sending the unique referral link generated via the Services in an email via the Services to your friends, or by using the other tools provided by ThirtyMin to share the unique referral link with friends; (iii) a friend who clicks the link on Facebook or otherwise or clicks the link contained in the email must create a ThirtyMin Account and become a Member; and (iv) after becoming a Member, the friend must either request a booking of a paid Appointment which is confirmed by the applicable Host or create a Listing which subsequently receives a confirmed paid booking via the Services that is not subsequently cancelled.
It is a condition of the Referral Program that you will circulate or share the unique referral link only to your personal friends. You agree not to publish or distribute the link, or cause the link to be published or distributed, on or via methods, platforms and media where you have no reasonable basis for believing that all or most of the readers or recipients are your personal friends. All ThirtyMin Account creations and confirmed booking requests resulting from a breach of the above will be disregarded for determining eligibility for Qualifying Referral and are not eligible for Referral Rewards.
Satisfaction of a Qualifying Referral and the Referral Reward you receive will be reflected in your ThirtyMin Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. The Referral Rewards you accrue will be displayed in your ThirtyMin Account profile page. Referral Rewards can be accrued solely by you and you may not earn Referral Rewards by permitting another individual to use your ThirtyMin Account. Referral Rewards accrued in multiple ThirtyMin Accounts may not be combined into one ThirtyMin Account. You may not earn Referral Rewards by creating multiple ThirtyMin Accounts. By acquiring Referral Rewards, you agree and acknowledge that ThirtyMin is granting you a limited, revocable license to a digital item, and that Referral Rewards are not your personal property. You may not obtain any cash or money in exchange for Referral Rewards. Except as explicitly provided herein, Referral Rewards are non-transferable. Members are responsible for keeping track of the Referral Rewards in their ThirtyMin Accounts.
ThirtyMin may suspend or terminate the Referral Program or your participation in the Referral Program at any time for any reason. ThirtyMin will not grant any further Referral Rewards after the suspension or termination of the Referral Program or your participation in it, but any Referral Rewards already awarded or received will not be affected by the suspension or termination.
Specific Terms Regarding ThirtyMin Credits
ThirtyMin Credits may be redeemed for upgrading account, paying for in-app purchases or getting a discounted price for paid appointments via the Site, Application and Services. ThirtyMin Credits are credit only and have no cash value nor can they be refunded or exchanged for cash. You may only redeem ThirtyMin Credits after the ThirtyMin Credits are reflected in your ThirtyMin Account. The scope, variety, and type of services and products that you may obtain by redeeming ThirtyMin Credits can change at any time.
ThirtyMin Credits expire six (6) months from the date that any ThirtyMin Credits are last accrued in your ThirtyMin Account. ThirtyMin will notify you at the email address you provided during Account registration within thirty (30) days of when the ThirtyMin in your ThirtyMin Account are scheduled to expire. If for some reason you believe that there is a discrepancy regarding your balance of ThirtyMin Credits, please contact us at [email protected]. ThirtyMin may require to you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at ThirtyMin’s sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of ThirtyMin Credits. Where applicable, ThirtyMin Credits may be required to account for VAT on any services for which the ThirtyMin Credits are redeemed.
Without limiting any other terms of these Terms and subject to applicable law, all ThirtyMin Credits are forfeited if your ThirtyMin Account is terminated or suspended for any reason, in ThirtyMin’s sole discretion, or if ThirtyMin discontinues providing the Site, Application, Services or the Referral Program.
Subject to your compliance with these Terms, ThirtyMin grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. ThirtyMin reserves all rights in the Application not expressly granted to you by these Terms.
ThirtyMin Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, ThirtyMin grants you a limited, non-exclusive, non-transferable license, to (i) access and view any ThirtyMin Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ThirtyMin or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to ThirtyMin a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. ThirtyMin does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to ThirtyMin the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or ThirtyMin’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that ThirtyMin is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ThirtyMin of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of ThirtyMin used herein are trademarks or registered trademarks of ThirtyMin. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at [email protected] or through the “Contact” (http://www.thirtymin.com/contact-us) section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of ThirtyMin and you hereby irrevocably assign to ThirtyMin and agree to irrevocably assign to ThirtyMin all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At ThirtyMin’s request and expense, you will execute documents and take such further acts as ThirtyMin may reasonably request to assist ThirtyMin to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
ThirtyMin respects copyright law and expects its users to do the same. It is ThirtyMin’s policy to terminate in appropriate circumstances the ThirtyMin Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Suspension, Termination and ThirtyMin Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your ThirtyMin Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your ThirtyMin Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your ThirtyMin Account, your Member Content, or receive assistance from ThirtyMin Customer Service, (b) any pending or accepted future bookings as either Host or Guest will be immediately terminated, (c) we may communicate to your Guests or Hosts that a potential or confirmed booking has been cancelled, (d) we may refund your Guests in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Guests to inform them about potential alternate Appointments with other Hosts that may be available, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your ThirtyMin Account. You may cancel your ThirtyMin Account at any time via the “Cancel Account” feature of the Services or by sending an email to [email protected]. Please note that if your ThirtyMin Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THIRTYMIN DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THIRTYMIN EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THIRTYMIN MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY APPOINTMENTS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THIRTYMIN MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, APPOINTMENTS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THIRTYMIN OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT THIRTYMIN DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO INERVIEW ANY MEMBER. THIRTYMIN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY THIRTYMIN. NOTWITHSTANDING THIRTYMIN’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE HOSTS, THIRTYMIN EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY APPOINTMENTS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THIRTYMIN WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER THIRTYMIN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY APPOINTMENT VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THIRTYMIN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE THIRTYMIN HOST GUARANTEE, IN NO EVENT WILL THIRTYMIN’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY APPOINTMENT VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY APPOINTMENT OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY THIRTYMIN TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THIRTYMIN AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold ThirtyMin and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Appointment, or (iii) creation of a Listing; (d) the meeting with other member, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or meeting other member; and (e) your participation in the Referral Program or your accrual of any ThirtyMin Credits.
Accessing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
You acknowledge and agree that (i) these Terms are concluded between you and ThirtyMin only, and not Apple, and (ii) ThirtyMin, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between ThirtyMin and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of ThirtyMin.
You and ThirtyMin acknowledge that, as between ThirtyMin and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and ThirtyMin acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between ThirtyMin and Apple, ThirtyMin, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and ThirtyMin acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
If you meet with anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to ThirtyMin by contacting us with your police station and report number at admi[email protected]; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between ThirtyMin and you regarding the Site, Application, Services, Collective Content, Referral Program, and any bookings or Listings of Appointments made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between ThirtyMin and you regarding bookings or listings of Appointments, the Site, Application, Services, Collective Content and Referral Program.
You may not assign or transfer these Terms, by operation of law or otherwise, without ThirtyMin’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. ThirtyMin may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by ThirtyMin (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with UAE law. You and we agree to submit to the non-exclusive jurisdiction of the Irish courts for resolving any dispute between the parties. If ThirtyMin wishes to enforce any of its rights against you, we may elect to do so in the UAE courts or in the courts of the jurisdiction in which you are resident."
The failure of ThirtyMin to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ThirtyMin. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms or any App Store Sourced Application, please contact ThirtyMin at [email protected]