PICODI 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 can be made via the contact form available on the Site and by means of:
- traditional mail directed to the address: ul. Przemysłowa 12, 30-701 Kraków,
- electronic mail (e-mail), at the address: firstname.lastname@example.org.
- 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.
Terms used in this document have 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 - services provided by the Service Provider to the Users electronically within the meaning of the Act of 18 July 2002 on provision of services by electronic means. In the event that the performance of a given Service/provision of functionality in Picodi may be considered as the provision of Digital Content or Digital Service within the meaning of generally applicable law, the provisions of these Regulations relating to Digital Service and Digital Content and the provisions of generally applicable law governing them shall apply to such Services or functionality. For the rest, all provisions of these Terms and Conditions relating to the Services shall apply to Digital Content and Digital Services - unless expressly indicated otherwise, in particular by providing for separate provisions/rules for Digital Content and Digital Services;
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 – as the case may be, it is understood to mean an agreement for the provision of Services/delivery of Digital Content or Digital Service;
Digital content - digital content as defined in the Consumer Rights Act;
Durable medium - a durable medium as defined by the Consumer Rights Act;
Digital services - a digital service as defined by the Consumer Rights Act;
Consumer Rights Act - Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);
Act on provision of services by electronic means - Act of 18 July 2002 on provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended);
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 requisite 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 a specific product, Service, Digital Service or Digital Content provided, the Service Provider may provide for separate licensing rules. Where no separate rules are provided by the Service Provider for a particular product, Service, Digital Service or Digital Content, the provisions of these Terms and Conditions shall apply.
- 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.
- On the basis of the Consumer Rights Act, the User has the right to withdraw from the Agreement within 14 days without giving 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 User may formulate his/her statement of withdrawal on his/her own or using a template statement provided by the Service Provider, the template of such statement is set out in Appendix 1 to these Terms and Conditions.
- The Service Provider shall, upon receipt of the User's declaration of withdrawal in electronic form, send an acknowledgement of receipt of the declaration of withdrawal.
- The right to withdraw from the Agreement is excluded in the cases referred to in Article 38 of the Consumer Rights Act.
- In the event of withdrawal from the Agreement for the provision of Digital Content or Digital Service, the User shall be obliged to stop using that Digital Content or Digital Service and providing it to third parties.
- In the event of withdrawal from the Agreement for the provision of Digital Content or Digital Service, the Service Provider may not, from the date of receipt of the User's declaration of withdrawal from the Agreement, use content other than personal data provided or created by the User in the course of using the Digital Content or Digital Service provided by the Service Provider, except content that:
- are useful only in connection with the Digital Content or Digital Service that was the subject of the Agreement;
- relate solely to the User's activity while using the Digital Content or Digital Service provided by the Service Provider;
- have been combined by the Service Provider with other data and cannot be separated from them or can only be separated with disproportionate effort;
- have been created by the User together with other consumers who can still use them.
- Except in the cases referred to in subsections 11(a-c), the Service Provider shall, upon the request of the User, make available to the User content other than personal data provided or created by the User in the course of using the Digital Content or Digital Service provided by the Service Provider.
- The User shall have the right to recover the Digital Content from the Service Provider free of charge, without hindrance from the Service Provider, within a reasonable period of time and in a commonly used machine-readable format.
- In accordance with the Consumer Rights Act, in the event of withdrawal from the Agreement, the Service Provider may prevent the User from continuing to use the Digital Content or Digital Service, in particular by preventing the User from accessing the Digital Content or Digital Service or by blocking the User Account. This right shall not affect the User's rights referred to above.
- 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 opinions should comply with applicable law and good practice. The Service Provider does not verify statements (opinions, comments or any other statements) added by Users, in particular it does not verify whether they come from persons who have purchased and used the Services/Features/Digital Content/Services or other services. Picodi may also feature opinions/other contributions posted on or from external platforms e.g. Google. The Service Provider does not collect or manage these opinions itself, the entity responsible for these opinions is in each case the external platform on which they were added.
- The User has the possibility to send messages to the Service Provider using the appropriate contact form. The contract for the provision of the Service consisting of providing an interactive form enabling Users to contact the Service Provider is concluded for a fixed period and is terminated as soon as the Service Provider replies. Unless otherwise indicated directly in Picodi, the forms available in Picodi do not constitute means of online communication within the meaning of Article 12 (1) para. 3a of the Consumer Rights Act.
- 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 Participant's data provided by the Participant during registration. In the event of any changes to the data entered in the Account, the Participant is obliged to update it immediately, using the tools available in the Account or, in the case of data that cannot be updated by the User himself, to contact the Service Provider.
- 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.
- In the event that any of the Services or functionalities made available within Picodi could be considered a Digital Service or Digital Content, as defined in these Terms and Conditions, all the provisions of these Terms and Conditions and the provisions of common law relating to Digital Content and Digital Services shall apply to such Service or functionality.
- Where the Service Provider makes it possible for the User to access Digital Content or Digital Services (delivery), information on the means and times of delivery to the User will be indicated in Picodi.
- In case of non-delivery of the Digital Content or Digital Service, the User may exercise his/her rights under the Consumer Rights Act and, in particular, as the case may be, he/she may call upon the Service Provider to deliver them or, without such a call, withdraw from the Agreement in the event of the prerequisites set out in these provisions.
- Unless otherwise agreed between the Service Provider and the User, the Service Provider shall provide the Digital Content or the Digital Service in the version available on the date of the Agreement - as indicated by the Service Provider.
- Subject to the User's rights under generally applicable law, the Service Provider may make changes to the Digital Content or Digital Service that are not necessary to comply with the Agreement for legitimate reasons, which are understood to be:
- Changes in the provisions of generally applicable law or their interpretation/interpretation affecting the Digital Content or Digital Service or the rights and obligations of the User or the Service Provider;
- Issuance of a decision, ruling or other similar act by courts, authorities or other types of institutions affecting the Digital Content or Digital Service or the rights and obligations of the User or Service Provider, as well as the imposition of certain obligations by such courts, authorities or other types of institutions;
- The need to improve the Digital Content or Digital Service for organisational, technological or technical reasons, including in the event of a change in the technical requirements necessary for the use of such Digital Content or Digital Service and a change in the scope of the Service Provider's business, as well as for security reasons;
- The need to improve the Digital Content or Digital Service, to eliminate other malfunctions, to prevent abuse.
- The changes referred to in point 31 above do not apply to Digital Content and Digital Services provided on a one-off basis.
- The changes referred to above will not incur any costs for the User.
- The Service Provider will inform the User, in accordance with the Consumer Rights Act, of the change being made and any rights associated with it.
- In order to use the Digital Content or Digital Services correctly, the User shall make updates, provided by the Service Provider (where provided) and in accordance with its guidelines.
- The User is requested to cooperate with the Service Provider to the extent necessary for the performance of the Agreement, respecting his/her rights and obligations under generally applicable law. In particular, the User shall cooperate with the Service Provider to a reasonable extent and with the least onerous technical means to determine whether the non-compliance of the Digital Content or Digital Service with the Agreement in a timely manner is due to the characteristics of the User's digital environment.
- Any User may submit complaints to the Service Provider regarding the Services provided within Picodi, in particular their non-performance or undue performance or non-compliance with the Agreement.
- The Service Provider shall be liable to the Users for non-compliance with the Agreement of the Digital Content or Digital Service provided.
- If the Digital Content or Digital Service does not comply with the Agreement, the User shall have the rights set out in the Consumer Rights Act, including demands to bring it into conformity with the Agreement.
- The cost of bringing the Digital Content or Digital Service into compliance with the Agreement shall be paid by the Service Provider.
- Complaints in accordance with this section may be submitted by the User in the form of his/her choice, and in particular may be addressed to the Service Provider's address: Picodi.com S.A. ul. Przemysłowa 12, 31-701 Kraków or to the electronic mail address (e-mail): email@example.com.
- In the complaint, the user is requested to state in particular the name of the person making the complaint (name and surname or company name, address of residence or registered office, e-mail address) and a description of the event giving rise to the complaint.
- In the event of deficiencies in the complaint, the Service Provider will ask the User to complete the complaint to the extent necessary.
- The service provider will respond to the complaint within 14 days of receipt.
VII. PERSONAL DATA PROTECTION
VIII. FINAL PROVISIONS
- 1. 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 regulations are available in Polish.
- Unless otherwise stipulated by mandatory provisions of law, Polish law shall govern all disputes arising from these Terms and Conditions.
- If the mandatory regulations of the law of the country of the User's habitual residence or other regulations applicable to the User provide for terms and conditions that are more favourable for the User than the provisions of Polish law and the provisions of these Terms and Conditions, the provisions that are more favourable for the User shall apply.
- Unless otherwise stipulated by mandatory provisions of law, the settlement of any disputes arising between the Service Provider and the User shall be submitted to the competent Polish courts.
- In matters not regulated by these Terms of Service, the provisions of commonly applicable law apply.
- The content of these Terms and Conditions may be changed - The Service Provider may amend the Terms and Conditions in the procedure referred to below and in the following cases: changes in the law having a direct or indirect impact on the content of the Terms and Conditions, the imposition of certain obligations by state authorities, the improvement of Picodi's operation and service to Users, the improvement of Users' privacy protection, the prevention of abuse, security considerations, changes in the scope of the Services/Functionality/Digital Content or Digital Services or other services provided, including the introduction of new ones, editorial changes.
- Any changes will be communicated to each User by means of information made available in particular through the Service, including a summary of the changes and the date on which they become effective. The effective date of the changes will not be less than 14 days from the date of their announcement.
- If the User with an Account does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Service Provider within 14 days from the date of notification of the change of the Terms and Conditions, sending the relevant information to the Service Provider's e-mail address. Lack of acceptance results in termination of the Agreement.
Terms of Service’s attachment: Terms of Service of the Cashback Program