SavingSense Account Terms and Conditions
By accessing and using an Account via the SavingSense website or SavingSense application provided by SavingSense, LLC (i.e., SavingSense), you agree to the following Terms and Conditions (i.e., Terms). These Terms, the SavingSense site or SavingSense application might change as required by law or to provide improved Service to you; you should review these Terms regularly. If, at any time, you disagree with these Terms or any modified version of these Terms, you should immediately stop using your Account and any other SavingSense services and contact SavingSense, LLC. Unless you have agreed otherwise in writing with SavingSense, these Terms govern your use of our services through your Account. Unless you have agreed otherwise in writing with SavingSense, any conflict between these Terms and the terms of a Deal, as published by a Merchant (defined below), these Terms shall govern. you and SavingSense may be referred to throughout these Terms individually as a “Party” or collectively as the “Parties”.
SECTION 1: DEFINITIONS
1.1 SavingSense, us, we, and our are used in these Terms and Conditions to refer to SavingSense, LLC or our representatives;
1.2 you and your refer to you, the Consumer, or any representative agent legally enabled to act on your behalf in relationship to us.
1.3 terms refer to the most current version of these Terms and Conditions;
1.4 SavingSense site refers, collectively, the SavingSense website (www.savingsense.net) and any other distribution channels owned, controlled or operated by SavingSense including e-mails, mobile applications or other types of electronic offerings;
1.5 SavingSense application refers specifically to any application distributed to Merchants or customers and used by such to access the SavingSense site or services.
1.6 Service refers any service, goods or combination of such, provided by a Merchant to a Customer.
1.7 Customer refers to any legal entity who purchases or might potentially purchase a Service from SavingSense or a Merchant;
1.8 Merchant refers to any legal entity which provides a service;
1.9 Account refers to the record of specific information (e.g., name and preferences) we maintain in support of our relationship with you.
1.10 SavingSense Portal refers to any online applications available for Customers to manage their Accounts.
1.11 Deal refers to a deal provided to you for purchase;
1.12 Bundled Deals refer to deals that contain more than one component (e.g., BOGO);
1.13 Co-op Deals refer to deals made with multiple Merchants (e.g., spa day);
1.14 Purchase refers to the process by which a You pay for a Deal;
1.15 Redemption means the process by which you receive Service as a Customer, from a Merchant, according to the Deal’s published terms;
SECTION 2: TERMS
2.1 These Terms are effective when you create an Account and remain in effect until either Party chooses to close your account and either all Purchased Deals have been Redeemed or Refunded.
SECTION 3: SAVINGSENSE ACCOUNT
3.1 Account. In order to use certain SavingSense Services, you will be required to register as a Consumer, which will enable your use of various SavingSense Services, including but not limited to, the SavingSense Portal. You represent that you are of legal age to form a binding contract and have full power, capacity and authority to accept these Terms. You are responsible for all activities that occur on your Account. SavingSense is not and will not be liable for any loss or damage arising from your failure to manage your Account including, without limitation, information in your Account for accuracy and completeness. Whether using your Account directly, or indirectly via an authorized agent, you accept and comply with these Terms.
3.2 SavingSense Portal. You may access the SavingSense Portal, as needed, to manage your Account; Purchase, Sell, Gift, Trade, or Request a Refund for Deals; or review analytics and statistics for your Purchased or Redeemed Deals.
3.3 SavingSense Portal Access. We will protect access of the SavingSense Portal by appropriate means. You will be responsible to maintain the confidentiality of any information needed to access your Account via the SavingSense Portal, including but not limited to user login id’s and passwords. You agree to immediately notify SavingSense of any unauthorized use of this information, your Account, or the SavingSense Portal, or any other breach of security pertaining to the SavingSense Site of which you become aware.
3.4 Optional Features and Functionalities. SavingSense may offer certain optional features or functionalities with your Account. To use such features, you might be required to agree to additional terms specific to those features that will be disclosed and available at the time you elect any such option. If you do not agree to the specific terms for those features or functionalities, you will not be able to access them but will maintain access and privileges associated with your Account without change.
SECTION 4: PROGRAM PARTICIPATION
4.1 Summary of the Program. Merchants will offer Deals to potential Customers, detailing the benefits and any constraints or limitations of the Deal. You will be allowed to Purchase as many Deals as you wish, for as long as you maintain a good standing with SavingSense as described in these Terms. You may Redeem your Deals at any time, within the terms of the Deal, by which the Merchant will provide Service to you as detailed in the Deal.
4.2 Deal Content. The Merchant is responsible and liable for all Deal content and terms, and for SavingSense or any purchaser’s use or reliance on any of the foregoing.
4.3 Closed Deals. A Deal may be closed at any time. You will not be able to Purchase a closed Deal but you will still be able to Redeem a closed Deal, in most instances, for a limited time after it has been closed, as detailed in the Deal itself. If you choose not to Redeem a Deal after it has been closed, you will be able to obtain a Refund for that Deal for a limited time after it has been closed. Refunds are guaranteed for thirty (30) days after a Deal has been closed and might be available after thirty (30) days on approval, on a case by case basis, as detailed in the section on Refunds, below.
4.4 Life of a Deal. Each Deal is available for a limited time and has a beginning date when Customers may Purchase; an ending date when Customers may no longer Purchase; a beginning date when Customers may Redeem; and an ending date when Customers may no longer Redeem that Deal.
4.5 Changes to Deals. Deals may change at any time as long as such changes promote a positive Customer experience at Redemption. For example, the closing date might be extended to allow more Customers opportunity to experience the Deal or a deeper discount might be applied. Though every effort will be made to improve the experience for our Customers, on some occasions, if you decide to request a Refund after a change is made, provided you make your request before the Deal closes, you will receive a full Refund for that Deal.
4.6 Redemption. When you Redeem a Purchased Deal, you can expect a level of Service comparable to the Service you would have received if not part of a Deal. To ensure Merchants continue to have every reason to provide quality Service at a reduced price, you are expected to treat the Merchants with respect, appreciation, and every due consideration. You agree to comply with the terms and conditions stated in the Deal. You agree to accept the Deal as described by SavingSense and will report to SavingSense if the Merchant attempts to circumvent the Deal in any way that limits or eliminates SavingSense from the Deal. The Merchant is encouraged to do whatever they can to improve your Deal experience and may provide additional services or promote future Deals. If, however, you are not satisfied with the Service received, you are encouraged to work with the Merchant as they remain responsible for handling all Customer Service in connection with the redemption of a Deal.
4.7 Refunds. A full Refund of the Purchase price of a Deal will be provided to a Customer if, through no fault of the Customer’s, a Purchased Deal cannot be Redeemed (e.g., the Merchant cannot or will not provide the Service as indicated in the Deal). If the Merchant has failed to deliver the Service as indicated in the Deal, the Refund will be for the full Purchase price. If the Customer requests a Refund for any other reason except dissatisfaction with the Merchant, the Customer will receive a Refund equal to the Purchase price less a small Refund fee. The Refund fee is typically 2.5% of the Purchase price unless a Refund is requested more than thirty (30) days after the Deal is closed. After thirty (30) days past the closure of the Deal, a Refund less the Refund fee will be automatically returned to the Customer’s payment account. If the payment account charges a fee to refund the Purchase price, the payment account fee will be charged in addition to our normal Refund fee. If SavingSense cannot Refund the Purchase price for any reason (e.g., the Customer’s payment account has been closed), SavingSense will treat the funds as Abandoned Property and will hold the money for up to one (1) year or whatever the law requires, as the law allows.
4.8 Giving Deals. A Deal may be given to another Party. That Party must have a SavingSense Account. Once the Deal has been given to the other Party, it belongs to them as if they had Purchased it and may be Redeemed, Refunded, or given to another Party as the receiving Party wishes.
4.9 Fraud, Money-Laundering, Other Crime. SavingSense treats fraud, money-laundering, and other crimes with all appropriate seriousness. SavingSense will cooperate fully with the legal authorities in the event a SavingSense Account, Deal, or anything else associated with the SavingSense brand is used in a fraudulent manner, in connection with money-laundering, or in the commission of any other crime.
SECTION 5: REPRESENTATIONS AND WARRANTIES
5.1 By Both Parties. Each Party represents and warrants to the other that: (a) it has the power and authority to enter into a legally binding agreement and perform its obligations under these Terms; (b) it is an entity duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation or formation; and it is duly qualified to do business and is in good standing in each jurisdiction where the conduct of its business, provision of its goods or services, or the ownership of its property requires such qualification; (c) these Terms reflect its legal, valid and binding obligation, enforceable against it; and (d) it shall comply with all laws applicable to its obligations under these Terms.
5.3 NO FURTHER REPRESENTATIONS. Except as expressly set forth in these Terms, neither SavingSense nor its Merchants make any representations or warranties, express or implied, including without limitation any implied warranty of merchantability, fitness for a particular purpose or non-infringement. SavingSense does not warrant or guarantee that (a) any Deal will be error-free; (b) any errors, omissions or misplacements will be corrected, or (c) the Deal will result in any revenue or profit for you. SavingSense makes no representations or warranties, express or implied, regarding the SavingSense Site or any other promotion, distribution or redemption method used or provided by SavingSense (including with respect to its uninterrupted or error-free operation) or the accuracy, adequacy, reliability, availability, timeliness, completeness, suitability or other characteristics of the information and materials contained on or presented therein. The SavingSense Site and other promotion, distribution or redemption methods used or provided for Redemption and all related information and materials are provided “as is”, without any warranty of any kind, and on an “as available” basis.
SECTION 6: BINDING ARBITRATION
6.1 Binding Arbitration. The Parties hereby agree that (a) these Terms and all disputes, controversies, or claims arising out of or relating to these Terms, or any Deal shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (b) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and SavingSense; (c) the arbitrator shall apply Arizona Law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (d) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration will decide only your or SavingSense individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (e) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, SavingSense will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (f) with the exception of subpart (d) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (d) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor SavingSense shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, visit the AAA website at http://www.adr.org.
SECTION 7: LIMITATIONS OF LIABILITY
7.1 Limitation of Liability. SavingSense’s sole and complete liability to you shall be limited to the amount actually paid by you to SavingSense pursuant to these Terms prior to the date the claim arose. In no event shall SavingSense be liable to you or any other party for any claims relating to the Redemption of any Deal, including but not limited to claims relating to false advertising, injuries, illnesses, damages, or death. Any claim arising out of or relating to any Deal offered must be made within one (1) year of agreement of the Deal and all claims not so made shall be deemed waived by you.
7.2 No Consequential Damages. In no event shall either Party be liable or obligated to the other Party or any third party in any manner for any special, incidental, exemplary, consequential, punitive, or indirect damages of any kind regardless of the form of action, whether in contract, tort, negligence, strict product liability, or otherwise, even if informed of the possibility of any such damages in advance.
SECTION 8: TERMINATION
13.1 Termination. SavingSense may terminate these Terms and suspend your access to your Account with one (1) day advance written notice for convenience, or immediately for cause if: (a) you violate your obligations with respect to any Deal Redeemed by you through SavingSense programs and services; (b) you cause any Redemption to fail for any reason; (c) you violate any of the material terms of these Terms or any other agreement you have with SavingSense; or (d) or otherwise misuse, repeatedly abuse SavingSense guidelines, policies, or standards that have been communicated to you in advance, or in any way engage in conduct, which in SavingSense’s sole discretion, is unfair, misleading, deceptive or otherwise in bad faith, and without regard to whether such conduct is actually adverse to the interests of SavingSense or any SavingSense Customer or Merchant.
13.2 Obligations Upon Termination. Neither the expiration nor termination of these Terms, nor your suspension or cancellation of any Deal shall in any way affect the rights of anyone who has already Purchased a Deal, SavingSense’s obligation to Pay you for valid Redemption of any Deal, or modify or eliminate your obligation to redeem any valid Deal pursuant to its terms. All terms and any sections of these Terms that are logically intended and required to survive expiration or termination of these Terms to achieve their intent, shall survive without limitation.
SECTION 14: MISCELLANEOUS
14.1 Electronic Communications and Notices. You acknowledge that communications between the Parties often use electronic means. For contractual purposes, you hereby (a) consent to receive communications from SavingSense in an electronic form and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that SavingSense provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your statutory rights. Any notice required or permitted hereunder shall be provided in writing, and shall be deemed delivered when (a) delivered by electronic mail to the then-current e-mail address in your Account, or (b) regardless of whether or not actually received, when deposited in (i) the United States mail, postage prepaid, certified mail, return receipt requested, or (ii) a regional or national overnight courier service, addressed to the applicable Party at the address set forth in your case, in your Merchant Account, and in SavingSense’s case, to SavingSense , LLC, 4410 W. Union Hills Dr Ste 7 #135, Glendale, AZ 85308, with a copy to the attention of the Legal Department.
14.2 Force Majeure. Neither Party shall be liable for any default or delay in the performance of its obligations under these Terms due to acts of God, terrorism, natural disasters, earthquakes, fire, riots, floods, and other similar events, to the extent such event is beyond the reasonable control of such Party and only for the duration of such event.
14.3 Relationship of the Parties. The Parties are independent contractors. Nothing in these Terms shall be deemed or construed by the Parties hereto, nor by any third party, as creating a joint venture, partnership, franchise, or an agency relationship between the Parties. Neither Party has the authority, without the other Party’s prior written approval, to bind or commit the other Party in any way. SavingSense is not a vendor or co-vendor of our Merchant’s goods and services.
14.4 Agreement. These Terms constitute the entire understanding between the Parties relating to Services provided by SavingSense and your obligations in utilizing those Services and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. No part of these Terms may be amended or modified except by mutual written agreement of the Parties. In the event of a conflict between these Terms and the terms of any Deal, these Terms shall govern.
14.5 Interpretation. The section headings of these Terms are for purposes of reference only and shall not in any way limit or affect the meaning or interpretation of any of the terms hereof. References to a section include references to all subsections of that section.
14.6 Invalidity of a Provision. If any provision of these Terms should be held to be invalid or unenforceable the validity and enforceability of the remaining provisions of these Terms shall not be affected and the Parties shall negotiate an equitable adjustment in the provisions in order to affect, to the maximum extent permitted by law, the purpose of these Terms.
14.7 Waivers. One or more waivers of any covenant, term or condition of these Terms by either Party shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition.
14.8 Assignment. You may not assign or transfer any of your rights, or delegate any of your obligations, under these Terms without SavingSense’s prior written consent, and any attempt to do so shall be void and unenforceable.
14.9 Successors and Assigns; No Third Party Beneficiaries. These Terms shall be binding upon and inure to the benefit of, the Parties and their respective permitted successors and assigns. There are no third party beneficiaries to these Terms, except as expressly set forth herein.