Terms and Conditions
PICODI.COM TERMS OF SERVICE
I. GENERAL PROVISIONS
- These Terms of Service specify the principles for the provision of services by Picodi.com S.A., based in Kraków.
- The services provided by Picodi.com S.A. and functionalities available may vary from country to country. Information on the services, functionalities, software or other infrastructure made available by the Service Provider in another country may be found on the Site.
- If a particular Service, functionality, software or other infrastructure provided by the Service Provider is not available in a specific country, the provisions related to them in the following Terms of Service do not apply to Users from that country.
- To simplify this document, wherever the Terms of Service are common to all the products and Services made available by the Service Provider, particularly including the Site, Application, Plugin, other software or type of infrastructure and Services or functionalities made available therein, they will collectively be referred to as: "Picodi".
- Contact with the Service Provider is possible through the contact form available on the Site and through other channels of communication indicated directly on the Site.
- These Terms of Service are made continuously and freely available by the Service Provider on the Site in a manner allowing the Users to obtain, reproduce and record their contents by printing or saving on a storage device at any time by means of a computer system of the User. In the event that the Service Provider shares software or infrastructure other than the Site in a specific country, these Terms of Service may also be available in such locations.
- Unless otherwise indicated, all the rights to Picodi, including the Services, functionalities or parts thereof made available by the Service Provider, including property copyrights, intellectual property rights to its name, domain name, website, software, or other type of infrastructure, as well as to forms, logos, and other content posted by the Service Provider belong to the Service Provider, and use may be made only in the manner specified in and consistent with the Terms of Service and generally applicable law.
- You may not copy, reproduce, modify, reproduce or distribute any part of Picodi, Service, functionalities or their elements or parts without the prior written consent of the Service Provider, except as expressly permitted by applicable law and the Terms of Service. The Service Provider may take steps, including legal proceedings, to protect its interests and those of Users.
- The Service Provider may post or otherwise make available at Picodi, particularly including on the Website, software, infrastructure, Service or functionality, advertising content related to the Services on offer, as well as goods and services of third parties, in forms used on the Internet. The use of such offers or services is not part of Picodi, Services or functionality, and their rules are determined by relevant third parties.
- The terms for the provision of other Services, as well as programs or campaigns organised or made available by the Service Provider may be specified in additional rules and regulations, including documents which are attachments to these Terms of Service.
The terms used herein bear the following meanings:
Service Provider – Picodi.com S.A., with its registered office in Kraków (31-701), 12 Przemysłowa Street, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under KRS: 0000551741, amount of the share capital: PLN 157,089.00 (paid in full), NIP: 6762464586, REGON: 122849330;
Website/Site – the website available at the domain picodi.com, owned and administered by the Service Provider, where the Users may use the Services and functionalities offered by the Service Provider;
Application/Mobile Application – software developed by the Service Provider and made available to the Users through operators or providers of mobile application stores and similar software, designed to be installed and on a mobile device, whereby the Users can use the Services offered by the Service Provider;
Picodi Plugin / Plugin – software created by the Service Provider and made available to the User through the web browsers indicated to the User, intended to be installed by the User;
User – a natural person performing actions in a manner not directly related to their economic or professional activity, who can use Picodi;
Services – services provided by the Service Provider to the Users electronically;
Discount Code – a sequence of numbers, letters or other characters, entitling the User to participate in promotional, discount or other campaigns organised by third parties and on the terms and conditions specified by them;
Account – a part of the Site, Application or other type of software or infrastructure made available by the Service Provider to a specific User, according to the information presented on the Site, by means of which the User may perform certain actions within Picodi;
Agreement – the agreement on the provision of the Services;
Terms of Service – this document.
- The use of Picodi may take place only under the rules and within the scope specified in the Terms of Service and pursuant to the provisions of generally applicable law.
- The minimum technical requirements to use the Site:
- device connected to the Internet;
- access to e-mail;
- software to read PDF files.
- Minimum technical requirements to use the Application:
- operating system of the mobile device as indicated in the application store where the Service Provider makes its Application available; information on the stores where the Service Provider makes its Application available can be found on the Website;
- installation of the Application on a compatible mobile device as indicated by the Service Provider;
- Internet access on the mobile device on which the Application is installed;
- access to e-mail;
- active and properly configured data transmission service on the mobile device made available by the telecommunications operator or enabled wireless connection.
- In order to use the Application, the User should:
- read these Terms of Service and information on the Application made available respectively in the application store where the Service Provider shares its Application;
- download the Application from the designated application store;
- install the Application on a compatible mobile device by following the instructions displayed on the mobile device screen during the installation process.
- Furthermore, to use certain Services or functionalities of the Mobile Application, it may be required to enable location services on the mobile device being used and to provide the Application with access to such services.
- The minimum technical requirements for the User to use the Plugin and its functionalities include:
- device connected to the Internet,
- access to the browser for which the Plugin is available – according to the information shared by the Service Provider, particularly including on the Site.
- To use the Plugin, the User downloads and installs the Plugin, following the guidelines of the Service Provider.
- Additional requirements for the use of products other than those indicated above, particularly including other software provided by the Service Provider, other infrastructure, as well as Services or functionalities made available therein may be indicated on the Site or directly in such a product.
- Upon downloading the Application, Plugin, other software or similar infrastructure by the User, the Service Provider grants the User a licence to use them. The licence is non-exclusive, non-transferable and territorially unlimited. The licence is free of charge. The licence is granted for an indefinite period, yet no longer than the period of use of the Application, Plugin, other software or similar infrastructure within a specific device, software or browser. The licence entitles the User to use such within the User's devices, software or browser without the right to sublicense, in the following fields of exploitation:
- introduction in the memory (including RAM) of the device (other software respectively),
- saving in the memory of the device and display of other software in this device respectively),
- temporary reproduction in the memory of the device necessary to use the Application, Plugin, other software or similar infrastructure.
- For the specific product or Service made available, the Service Provider may provide for separate licensing rules. If for a given product the Service Provider has not provided separate rules, the provisions of these Terms of Service apply accordingly.
- If the User violates the terms and conditions of the licence referred to above, the Service Provider is entitled to terminate the Agreement after an ineffective notice to cease violations.
- The Service Provider states that the use of services provided electronically may be associated with a risk on the part of each Internet user, which could result in installing malware in the ICT system or on the User's device and obtaining and modifying its data by unauthorised individuals. To avoid the risk of the aforementioned threats, the User should use appropriate technical means to minimise their occurrence, in particular anti-virus and firewall software.
IV. USER RIGHTS AND OBLIGATIONS
- It is forbidden for the User to use Picodi or Services or functionalities in a manner violating the law, decency, personal interests of third parties or legitimate interests of the Service Provider, in particular to provide unlawful content.
- The user is required to:
- use Picodi in a manner consistent with the law, morality and the provisions of the Terms of Service, with respect for personal rights and intellectual property of third parties,
- enter in Picodi and use factually correct data and, without delay, state any changes to the data provided to the Service Provider,
- not to use devices, software or methods which may possibly interfere with Picodi,
- not to provide unlawful content,
- The User may not carry out activities aimed at overloading the inboxes of the other Users or Service Provider, in particular sending advertising messages is not allowed.
- The User has the right to withdraw from the Agreement (provision of the Services) concluded with the Service Provider within 14 days without specifying any reason.
- To meet the deadline, it is sufficient to send the declaration beforehand.
- The period for withdrawal from the Agreement is counted from the date of its conclusion.
- The specimen declaration of withdrawal from the agreement is specified in Appendix 1 to these Terms of Service, but the User is not obliged to use it.
- The User has, for instance, the following options to use out-of-court complaint and claim procedures:
- they are entitled to apply to institutions such as: European Consumer Centres, non-governmental consumer organisations and other consumer protection institutions to amicably end the dispute between the User and Service Provider;
- they may also lodge a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
Information on how to access such dispute resolution procedures can usually be found on the websites of national consumer protection authorities.
- The Services provided by the Service Provider on the Site may differ from the Services and functionalities provided within the Application, Plugin, or other software or infrastructure provided by the Service Provider.
- Additional Services made available at Picodi may also be governed by separate rules and regulations.
- Subject to Section 4, the standard scope of the Services provided through Picodi includes:
- Sharing information and other content, including promotional information with third parties,
- sharing the Discount Code,
- enabling opinions to be posted and presented,
- sharing the interactive form used to contact the Service Provider,
- maintenance of the Account,
- dispatch of the Newsletter,
- display of notifications to the Users, including push notifications.
- Additionally, the Service Provider in selected countries is allowed to make other Services and functionalities available, as well as to make them available within Applications, Plugins, other software or infrastructure. The information on the available Services, functionalities or specific products available in specific markets (countries) will be indicated each time on the Site.
- The scope of particular Services and functionalities will be indicated in Picodi each time.
- The Service Provider in Picodi may present information and content at its discretion, including information about current promotions with third-party sellers of products or services offering discounts on products or services they offer at a certain time.
- The Service Provider, in a manner indicated in the above subsection, may also make available to the Users such Discount Codes as to enable them to reduce the price of products or services offered by third parties, as well as to enable the display and copying of the Discount Code.
- The Agreement for the provision of the Service which involves viewing information on bargains and Discount Codes is concluded for a definite period and terminated when the User closes the Website, Application, Plugin or other software or similar infrastructure – in a manner appropriate for it.
- The User can post and present individual and subjective opinions in Picodi relating to, for instance, Picodi Services or information presented therein. The agreement for the provision of the Service of posting and presenting opinions is concluded for a limited period and terminated when it is removed from Picodi.
- By adding an opinion, the User represents and warrants that they own all the rights to this content, especially copyrights. By posting such a statement, the User consents to its free use and publication by the Service Provider in Picodi and other channels of the Service Provider, as well as to the development of works within the meaning of the relevant provisions of the commonly applicable law.
- The content of the opinion should be in accordance with applicable law and good practice.
- The User can send messages to the Service Provider using the appropriate contact form. The agreement for the Service involving the provision of the interactive form allowing the Users to contact the Service Provider is concluded for a definite period and terminated when the Service Provider replies.
- The Account Service is available after registration. Registration takes place by completing and accepting the registration form provided in Picodi.
- The User can register (create) an Account, and the User having one can also log into the Account in Picodi from the User's account in Facebook.com and Google account (Google.com).
- The User who registers and logs in with the account they have on the social network Facebook.com or a Google account (Google.com) makes their full name public in Picodi together with the photo downloaded from Facebook or Google. This data may be stored on the Site.
- The agreement for the Service involving the maintenance of the Account in Picodi is concluded for an indefinite period and terminated upon the User's sending a request to delete the Account or deleting it of their own accord (if the Service Provider provides such an option in a specific product).
- If in a specific country the Service Provider allows registration and maintenance of the Account in different products provided by the Service Provider (Site, Application, Plugin, other software or infrastructure), unless otherwise indicated in that product, the User may be registered only once in Picodi, which means that the same User may have only one Account; however, unless expressly indicated otherwise with the Account in one product, the User may log in another Picodi product – the same, common Account for all Picodi products.
- You may not share your Account with third parties.
- The User consents to the distribution of their image, uploaded within the Account.
- The User agrees that the Service Provider may use their image posted by them in the Account and make it available to the public for the purpose and delivery of the functionality of the Account and Picodi.
- The Participant gives this consent free of charge.
- In order to use the Account, the Participant may be asked for additional activation of their Account using the e-mail address indicated by them.
- The Account contains the data of the Participant given by them during the registration. In the event of any changes to the data in the Account, the Participant is obliged to immediately update it using the tools available in the Account.
- The User can receive commercial information from the Service Provider in the form of messages sent to the e-mail address provided by the User (Newsletter service). To do so, enter a valid e-mail address or activate the corresponding field in Picodi. The User may revoke their consent to receive commercial information at any time. The agreement for the provision of the Newsletter service is concluded for an indefinite period and terminated upon the User's sending a request to remove their e-mail address from the Newsletter subscription service or upon unsubscribing with the use of a link contained in the message sent within the framework of the Newsletter service.
- The Service Provider may also display notifications, including push notifications, to the Picodi Users. Push notifications are only displayed to such Users who have consented by accepting the appropriate prompt in Picodi or by selecting the appropriate options in their device or browser settings.
- The User may file complaints regarding the Services provided within Picodi, in particular their non-performance or improper performance.
- Complaints can be filed in writing, in the form of a registered letter, to the following address: Picodi.com S.A. 12 Przemysłowa Street, 31-701 Kraków, or by sending an e-mail to the following address: email@example.com.
- A complaint should include the name of the complainant (full name or company name, address of residence or registered office, e-mail address) and description of the event giving rise to the complaint.
- The Service Provider undertakes to consider each complaint within 30 days, and if not possible, to inform the User within this period when the complaint will be considered. In the case of defects in the complaint, the Service Provider will call the User to supplement it to the extent necessary within 7 days from the date of receipt of the call by the User.
VII. PERSONAL DATA PROTECTION
VIII. FINAL PROVISIONS
- The source of the Service Provider's obligations are these Terms of Service and mandatory provisions of law.
- The Service Provider is not an organiser, co-organiser or executor of promotional, discount and other campaigns organised by third parties.
- Their functioning, rules and use of individual promotional, discount and other campaigns are the responsibility of the third parties organising them.
- The Service Provider presents in Picodi information about promotional, discount and other campaigns, prepared and provided by the third parties organising and responsible for them.
- The Terms of Service are available in Australia.
- Unless otherwise provided by mandatory provisions of law, the law applicable to the resolution of any disputes arising under these Terms of Service is the law of Australia.
- In the event that the mandatory provisions of law of the country of habitual residence of the Participant or other provisions applicable to the User provide for more favourable conditions for the User than the provisions of the law of Australia and provisions of these Terms of Service, the more favourable provisions for the Consumer apply.
- Unless mandatory provisions of law state otherwise, any disputes arising by and between the Service Provider and Participant are to be resolved by the competent courts of Australia.
- In matters not regulated by these Terms of Service, the provisions of commonly applicable law apply.
- The content of these Terms of Service is subject to change. Any amendments will be notified to each User by means of information made available, in particular through the Site, containing the summary of changes and their effective date. The effective date of such amendments will not be less than 14 days from the date of their announcement.
- If the Account User does not accept the new content of the Terms of Service, they are obliged to inform the Service Provider about this fact within 14 days from the date of the notification on the amendment to the Terms of Service, sending the relevant information to the Service Provider's e-mail address. The lack of acceptance results in terminating the Agreement.