TERMS OF SERVICE OF THE CASHBACK PROGRAM
APPENDIX TO THE PICODI TERMS OF SERVICE
I. GENERAL PROVISIONS
- These Terms of Service contain the operating rules and conditions for participation in the CASHBACK program (hereinafter as the "Program"/"Cashback Program"), organised by 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; e-mail: firstname.lastname@example.org (hereinafter as the "Organiser").
- As regards all matters not covered by the Terms of Service, the Picodi Rules and Regulations available on the Site apply accordingly. In the event that for a specific country the Organiser makes available other products enabling the use of the Program, particularly including such products as the Application, Plugin, other software or infrastructure, these Terms of Service may also be available in those locations.
- Participation in the Program is voluntary.
- The Program is intended for non-business individuals only. The Program is not aimed at entrepreneurs.
- The Program enables its Participants to earn a certain number of the Cashback Points for ordering a product or service from the Partner specified in the Cashback Promotion (hereinafter referred to as the "Purchase"), which can then be exchanged for cash according to the rules set out in these Terms of Service.
- If so indicated in Picodi, the Organiser may also award Cashback Points for Participants' activities other than the Purchase, including undertaking the indicated activities both in Picodi and with Partners or elsewhere. In such a case, the conditions for obtaining Points will be indicated directly in Picodi, and to the extent not indicated in Picodi, these Terms and Conditions and the rules set out for the acquisition of Points for such (other than Purchase) activities shall apply. At the same time, however, the Organiser points out that the actions under which Points can be obtained for such activities are of a temporary nature and the Points obtained for such activities may have conditions other than those indicated in the Regulations or Picodi for Points obtained for Purchases, e.g. a different expiry date or a different minimum threshold for their payment.
- The services provided by the Organiser as part of the Program are subject to the provisions of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended).
- The public nature of the Internet and the use of services provided by electronic means may involve the risk of unauthorised persons obtaining and modifying the Participants' data; therefore, the Participants should take appropriate technical measures to minimise the aforementioned risks, in particular the use of an anti-virus and software aimed at protecting the identity of persons using the Internet.
Capitalised terms bear the meanings given to them in the Picodi Terms of Service, while terms defined below bear the following meanings:
Terms of Service – this document;
Website/Site – the website available at the domain picodi.com, whose owner and controller is the Organiser, at which the Participant has access to the Cashback Program;
Picodi – the collective term for the Organiser's provision of the Website, Application, Plugin and other software or infrastructure; if in a particular country the Provider allows you to participate in the Cashback Program using such software – as indicated on the Site and in such a product. In the event that a product is not available from the Organiser in the Participant's country, references to that product do not apply to that Participant;
Participant – the Picodi user of majority age and full legal capacity, who takes part in the Cashback Program under these Terms of Service;
Consumer – the Participant who is a consumer within the meaning of the relevant provisions of the commonly applicable law;
Points/Cashback Points – points received by the Participant within the framework of the Program. Points may also be marked with the Participant's currency;
Partner/Organiser's Partner – an entity or person specified in Picodi, being a business independent from the Organiser, with whom the Purchase entitles the Participant to receive the Cashback Points, under the rules specified herein;
Promotion/Cashback Promotion – a promotional or similar content presented in Picodi which provides information about the option for the Participant to receive the Cashback Points in exchange for the Participant purchasing certain goods or services directly from the Partner indicated in such a Promotion;
Referral Program/Referrals – a promotional campaign within Cashback whereby the Cashback Participant can receive extra Points for certain actions within the Program.
III. GENERAL RULES FOR THE PARTICIPATION IN THE PROGRAM, CASHBACK ACCOUNT
Participation in the Program is free of charge for the Participant and is possible on the condition that the ICT system used by the Participant meets the following minimum technical requirements:
If you use the Program on the Site:
- - computer or mobile device with internet access,
- - access to e-mail,
- - software to read PDF files;
If you use the Program in other products made available by the Organiser, such as an Application, Plugin or other type of software or infrastructure (where such products are made available in your country):
- - proper installation on a compatible device, system or similar, as indicated in Picodi and where it is provided;
- - internet access;
- - access to e-mail;
- - an active and correctly configured data transmission service made available by a telecommunications operator or launched wireless connection in a device, system or similar.
- If you use the Program on the Site:
- The Program Participant may be a natural person who meets all of the following conditions:
- at least 18 years old with full legal capacity,
- status of Consumer,
- no legal or factual obstacles to their participation in the Program.
- The Program participant cannot be an employee or colleague of the Organiser, as well as employees or colleagues of entities being a party to the civil law contracts concluded with the Organiser, or employees or colleague of dependent entities of the Organiser, as well as individuals close to the aforementioned individuals, which are deemed spouses, ascendants, descendants, siblings, relatives up to the second degree, persons in an adoption relationship or their spouses.
- To participate in the Program, the Participant must register the Account with Picodi and become read these Terms of Service.
- The same Participant can only participate in the Program once at a time, which means that the same Participant can only have 1 (one) Picodi Account to which the Cashback Points will be credited. Unless otherwise stated in the Picodi for a particular country where the Organiser makes its products available, the Participant who has registered the Cashback Account using the Site or another Picodi product may log in to their Account on another Picodi product using the same login details.
- Unless otherwise indicated, the Participant joins the Program when the Participant successfully registers an Account with Picodi. In order to participate in the Cashback Program, the Participant must provide within the Account the data indicated in Picodi as mandatory. If these data change, the Participant is obliged to correct them immediately. In the case of data that the Participant cannot edit himself within his Account, he is requested to contact the Organiser. In cases where this is justified by special considerations, including above all the security of the Participants and Picodi, the Organiser may ask the Participant to change his/her data for additional confirmation (e.g. using other data or documents) or other indicated authorisation.
- Each Participant is particularly obliged to:
- not to provide or transmit content prohibited by law, e.g. content that promotes violence, defames someone or violates their personal rights and other rights of third parties,
- use the Account, Picodi and Program itself or any elements thereof in a manner which does not interfere with its functioning, in particular through the use of specific software or devices,
- use the Account, Picodi and Program itself or any elements thereof in a manner consistent with the applicable laws, provisions of the Terms of Service and general rules of using the Internet.
IV. ACQUISITION OF CASHBACK POINTS
- As part of the Cashback Program, Participants may acquire Points for making Purchases of goods or services from the Organiser's Partners as indicated in the Cashback Promotion. If so indicated in Picodi, the Organiser may also award Cashback Points for Participants' activities other than Purchase, in accordance with pt. I point 6 of the Regulations. In this case, information on such activities may also be indicated in Cashback Promotions or elsewhere in Picodi. The rules for the acquisition of Points for activities other than Purchase, as well as the terms and conditions for Points acquired in exchange for their realisation, may also differ from the rules for standard Purchase Points, including that they may have a different expiry date - which will be indicated to the Participant each time. For the rest, the provisions of these Terms and Conditions apply to them.
- Subject to Subsection 1 above and other provisions of these Terms of Service, only the Purchase of products or services specified in the active Promotions presented in Picodi will entitle the Participant to obtain the Points. The duration of a specific Cashback Promotion is defined each time in the Promotion itself.
- Information on the number of the Points the Participant can receive for making the Purchase specified in the Cashback Promotion is given in each Promotion description. Information on the number of the Points may be presented, in particular, as a percentage of the value of the Purchase price or as a fixed number of the Points awarded for the completion of the Purchase, subject, however, to further provisions of these Terms of Service.
- In order to receive such Points, the Participant:
- must log in to their Picodi account,
- chooses the active Cashback Promotion they are interested in from the list presented in Picodi,
- goes to the Partner's website directly through the link placed in and redirecting from the Cashback Promotion to the Partner's website,
- purchases directly from the Partner the product or service indicated in the Cashback Promotion.
- The rules of making the Purchase of goods or services specified in the Promotion at a given Partner are defined each time by the Partner itself.
- When making the Purchase from the Partner, the Participant enters into an agreement regarding such a Purchase directly with such a Partner. The Organiser is not a party to such a relationship, in particular not a seller of goods or entity rendering services ordered by the Participant.
- When making the Purchase, the Participant is obliged to read the Partner's terms of service directly on the Partner's website, in particular with the Partner's general terms of service, rules and regulations or similar documents.
- Unless otherwise stated by the Partner or Organiser, the use of the Program within a specific Purchase from the Partner is not cumulative with discounts, promotions, loyalty programs or similar actions organised by other entities than the Organiser, including the Partner itself.
- For the Points to be credited correctly, the Participant should also comply with the following technical conditions, related to the necessity of associating a specific Participant's Purchase with the Purchase under the Program carried out in accordance with the Promotion. The participant should each time:
- Go to the Partner's website where they will make the Purchase exclusively via the link redirecting to this website – available in the Cashback Promotion;
- Not to use mechanisms, programs or other infrastructure that block or prevent the redirection of the Participant from the Cashback Promotion directly to the Partner's website or make it impossible for the Organiser to track the redirection from the link in the Promotion to the Partner's website;
- Use the messages and instructions displayed in Picodi.
- The Participant's failure to meet the conditions referred to in 9 above, in particular the interruption of redirection, for example, by closing or refreshing the Partner's website, navigating to other sites, using third-party software or infrastructure interrupting redirection, may result in an incorrect accumulation of Points or prevent it altogether, even if the Participant has fulfilled all the other conditions for obtaining such Points, including the Purchase.
- Subject to the conditions for receiving the Points as set out in the above provisions, the Participant will receive the Cashback Points if the following conditions are met:
- Making the Purchase – means placing a correct order with the Partner for goods or services specified in the Cashback Promotion, when you go to the Partner's website directly through the link redirecting to this page. The link redirecting from the Cashback Promotion to the Partner's website is presented each time in the Promotion;
- Payment for the Purchase – means that the full payment for the product or service purchased by the Participant is credited to the Partner's account together with delivery costs or other costs related to the Purchase and in accordance with the order made with the Partner. If the Participant has chosen a payment method other than the direct wire transfer to the Partner's account, particularly including payment on delivery, the moment of payment is considered the moment of receipt of information from the Partner that the Member has made a payment from the operator accepting or handling payment for the purchase of the Participant;
- Failure to exercise the Participant's statutory or contractual right to withdraw from the agreement or other cases where the purchase of goods or services does not actually take place.
- To avoid any doubt, the Organiser indicates that to receive the Points the Participant must correctly fulfil all the conditions for their receipt indicated in these Terms of Service, particularly including the ones of technical nature in Subsection 9 as well as organisational nature in Subsection 11.
- The Points received by the Participant are recorded and visible as a balance after the Participant logs into their Account.
- After the Purchase made by the Participant, the Organiser confirms with the Partner that the Participant has correctly fulfilled the conditions for obtaining the Points, particularly including the ones referred to in Subsection 11, and informs the Participant of this in the form of the allocation of such Points to their balance or allocation of a specific status to a given Purchase or change in this status, in accordance with the provisions below. Changes to the Purchase statuses take place on the dates specified in Picodi.
- Within the Program the Points are awarded separately – for each correctly fulfilled Purchase.
- The Participant acquires Points when the Purchase for which they are to be attributed acquires the status of "Approved" or "Accepted". The statuses of Purchases and Points are visible in the Participant's Account.
- Purchases receive the following statuses:
- ,,Pending" - such status is awarded to a Purchase for which the Participant has not yet received Points due to the fact that the Participant has not fulfilled all the conditions for the receipt of Points referred to above or the Partner has not yet confirmed that the Participant has fulfilled all the organisational conditions (point 11) for the receipt of Points;
- ,,Approved" or "Accepted" status - this status is awarded to the Purchase after the Organiser has received confirmation from the Partner that the Participant has fulfilled all the organisational conditions (point 11) for the receipt of Points referred to above and after the Organiser has verified that the Participant has fulfilled the other conditions. From the moment the Purchase receives the status of "Approved" or "Accepted", the Points due for this Purchase are assigned to its balance and can be used by the Participant in accordance with the further provisions of the Terms and Conditions (subject to the reservations indicated therein). The Organiser points out that a Purchase may be assigned the status of "Approved" or "Accepted" not earlier than the expiry of the statutory deadline for withdrawal from the Purchase agreement and, in the event that the Partner extends the statutory deadline for withdrawal from the agreement or introduces a contractual deadline for withdrawal from the agreement - not earlier than the expiry of the latest of these deadlines and the Partner's confirmation that the Participant has not exercised his/her right to withdraw from the Purchased goods or services;
- "Rejected" - this status is awarded to a purchase which previously had a status of "Pending" and which cannot be validated and lead to the allocation of Points to the Member due to the lack of fulfilment of all the Program requirements.
- The Participant becomes entitled to Points when the status of the Purchase for which they are due is changed to " Approved" or "Accepted". Only the Points for a Purchase with a status of ,,Approved" shall be assigned to the Participant's balance and shall constitute Points duly acquired by the Participant and may be exchanged for cash, in accordance with Section. V of the Terms of Service (with the reservations indicated therein).
- Points received by the Participant in the Program until 02.11.2023 are valid for 730 days (which is a period of approximately 2 years) from the date they are attributed to the Participant's balance after the Purchase for which they are attributed has received the status of "Approved" or "Accepted", in accordance with subsection 18 above. Points received by the Participant in the Program as of 03.11.2023 are valid for a period of 1 (one) year from the date on which they are credited to the Participant's balance after the Purchase for which they are awarded becomes ""Approved" or "Accepted" in accordance with the provisions above. Points may be exchanged for cash in accordance with sec. V of the Terms of Service only during their validity period. The participant is requested to redeem Points before their expiry date. Once the expiry date has passed, the Points are forfeited without the possibility of reinstatement.
- Information on the expiry date of Points for each Approved/Accepted Purchase for which they have been attributed is visible in the Participant's Account.
- The information about the Points exchanged by the Participant for cash is visible in the Participant's balance with the "Paid" status.
- The Participant gains the Points in the number indicated each time in the Cashback Promotion. Where the Promotion indicates the Points as a percentage of the value of the Purchase, then unless otherwise expressly stated in the Promotion itself, the Points are due on the value of the net price of the goods or services included in the Purchase only, without the price of delivery or additional costs. Unless otherwise stated, the Points are earned on the net price actually paid by the Participant for the goods or services. In the event that the Participant makes use of discount codes, promotional campaigns, programs, discounts, which are related to the Program, the price actually paid by the Participant will be taken as the basis for calculating a specified number of such Points. Unless otherwise indicated, if the Participant pays for the Purchase with gift cards, points acquired in loyalty or partner programs, vouchers and similar mechanisms, the Purchase Points will not be awarded to the Participant. If the Participant only pays a portion of the purchase price of the goods or services using such mechanisms, the Points are awarded only for that portion of the net price of the goods or services which was paid by the Member other than using such mechanisms, in accordance with the standard payment methods made available by the Partner.
- The Points are presented in the balance to two decimal places.
V. EXCHANGE OF CASHBACK POINTS
- Under this Program, the Participant can exchange the Points that have been assigned to his/her balance as a result of a Purchase receiving the status of ,,Approved" or ,,Accepted" into cash.
- The Participant may exchange the Points for cash at a ratio of the Points to a specific value expressed in a currency according to the conversion rate indicated in the Account.
- A Participant may exchange Points when the minimum threshold of Points attributable to Purchases which have received the status of "Approved" or "Accepted" is reached in his/her balance. The number of Points constituting the minimum Points threshold for the payment referred to in the previous sentence is.
- for Points that have been acquired by a Participant (received the status of ,,Approved" or ,,Accepted") since 03.11.2023 - the minimum and individual Point threshold for each Participant will be indicated in the Account of such Participant in Picodi. Any changes to this threshold will also be communicated through information in this Participant's Account;
- for Points which have been acquired by a Participant (received the status of ,,Approved" or ,,Accepted") until 02.11.2023 (including this date) - remains (without prejudice to any entitlements of Participants) - at the amount which was indicated to Participants at that time;
- the Organiser may envisage temporary actions, including those of a promotional nature, whereby it will reduce the aforementioned minimum Points threshold entitling a Participant to make a withdrawal, of which it will inform by means of relevant announcements or it will show the reduced threshold value within user account.
- In order to convert Points into cash, the Participant shall order the conversion of Points into cash and their withdrawal using the form available after logging in to the Account. For this purpose, the Participant will be asked to provide the data marked as mandatory, including in particular the bank account number belonging to him/her, to which the Organiser is to transfer the funds to be paid out, and if the Participant orders a withdrawal using an external payment intermediary service, the Participant is asked to select this system from those available in Picodi. In addition, prior to the transfer (withdrawal) of funds to the Participant, the Organizer may ask the Participant for confirmation or other authorization - for example by means of electronic mail (e-mail) or SMS messages as well as confirmation of his/her data, for example by sending certain documents or providing additional information or data - in accordance with the messages transmitted by the Organiser.
- The Organiser shall disburse the funds mentioned by the Participant by transferring the funds to the bank account indicated by the Participant or transferring them using a third-party payment intermediary service, within a maximum period of 14 (fourteen) calendar days, which period shall be calculated from the date on which the Participant fulfils all the conditions for the disbursement of these funds in accordance with these Terms of Service.
- In the event that a Participant wishes to exchange Points into cash and their withdrawal, each time he/she specifies how many Points he/she wishes to exchange into cash and their withdrawal, whereby, within each exchange and withdrawal of Points, he/she may exchange and withdraw a maximum of only the number of Points corresponding to the amount of 2 000 (two thousand) Polish Zloty at a time - which means that the withdrawal of funds above this amount at a time is not possible. Once the Points have been exchanged for cash and paid out, the Participant can request another exchange of Points for cash and their payment out no sooner than after the lapse of 3 (three) days from the day on which he/she received the cash from the previous one.
- The Participant may only use the Points received to redeem them for cash and payout as set forth above.
- The Participant may not transfer the Points he/she has received to other persons, nor may the Participant have the Cashback Program funds withdrawn to the account of another person or entity (which applies both to a bank account and to an account within a third party payment processor or intermediary or similar). In addition, the details provided by the Participant for withdrawal must match the details of that Participant as indicated within the Account.
- The Organiser may refuse to allow the Participant to exchange Points into cash and to pay them out, as well as to cancel Points which have already been credited to the Participant's balance for important reasons, which are understood to be:
- a reasonable suspicion that the Participant is in breach of common law, including in particular in the case of a suspected attempt to commit an act prohibited by law using the Program, Picodi or their elements,
- an attempt by the Participant to circumvent the mechanisms and rules of the Program, as well as a breach or attempt to circumvent these Rules,
- doubts of the Organiser as to the identity of the Participant concerned or the data provided by the Participant.
- In the event that the amount of funds paid out by the Participant in accordance with the subsections above exceeds the amount above which a tax or other similar levy (e.g. the amount of income tax exemption) is required to be paid according to the laws of the relevant country, unless the laws of the relevant country provide otherwise, the Organiser will reduce the amount of funds paid out by the amount necessary to cover the amount of such tax. This means that the Organiser, as the payer of such tax, will deduct the amount of tax due from the amount paid to the Participant and pay it to the relevant tax authority.
- The participant is obliged to provide the Organiser with the data necessary for the payment of such tax.
VI. TERMINATION OF PARTICIPATION IN THE PROGRAM
- The Participant may terminate the agreement of participation in the Program at any time with immediate effect by submitting a statement in writing to the address of the Organiser's registered office or by e-mail to the following e-mail address: email@example.com.
- Deleting the Account in Picodi is equivalent to the termination of the participation agreement in the Program by the Participant referred to in Subsection 1.
- For important reasons, the Organiser may terminate the agreement with the Participant with 14 days' notice. The valid reasons referred to in the preceding sentence are deemed to be:
- breach by the Participant of the provisions of the Terms of Service,
- violation by the Participant of applicable laws in connection with the Program,
- taking actions by the Participant which constitute an attempt to circumvent the Terms of Service or safeguards and rules of the Program.
- In case the agreement is terminated, the Organiser indicates the reasons for termination to the Participant.
- The termination of participation in the Program (including both termination by the Participant themselves, as referred to in Subsections 1 and 2, as well as termination by the Organiser for the reasons set out in Subsection 3 above leads to the loss of the option to exchange the Points for cash.
- The Participant who intends to terminate their participation in the Program should, whenever possible, first convert their Points accrued into cash and withdraw them under these Terms of Service. If the Participant terminates the agreement without the previous exchange of the Points for cash and without their withdrawal, the unused Points will be deleted – forfeited without the option to restore them.
- In case the Agreement is terminated by the Organiser, pursuant to Subsection 3 above, the Participant is requested to convert the Points accrued into cash and pay them within the period of notice referred to in Subsection 3. If the Participant fails to convert the Points into cash and pay them within the period of notice, the unused Points will be erased, as they will be forfeited without the option to restore them.
- In the event of termination by the Organiser to the Participant as described in Subsection 3 above, during the notice period the Participant's Account and participation in the Program will remain suspended, meaning that the Participant will not receive new Points for purchases made since the date of termination.
- The Organiser may terminate the Program. The Participants will be notified of such a decision no later than 30 days in advance. During this term, the Participants can exchange the Points for cash and pay them out in accordance with the Terms of Service. After the end of the Program, the Points unused by the Participant will be erased, as they are lost without the option to restore them.
- The Participant may withdraw from the agreement to participate in the Program without giving any reason by submitting an appropriate statement within 14 days from the date of conclusion of the agreement (accession to the Program). To meet this deadline, it suffices to send the declaration before its expiry. The Participant may formulate the declaration on their own or use the specimen declaration of withdrawal, which is Appendix 1 to the Terms of Service.
- The 14-day period is counted from the date of concluding the agreement.
- Upon receipt of the Participant's statement of withdrawal from the agreement, the Organiser will send the confirmation of receipt of the statement of withdrawal to the Participant's e-mail address.
VII. REFERRAL PROGRAM
- As part of the Cashback Program, the Organiser may provide a Referral Program under which the Cashback Participant may acquire additional Cashback Points for certain activities under the Program, particularly including based on recommending a purchase from Cashback Program Partners to other users – the Referral Program. The Organiser may provide the Referral Program available under the Program only in selected markets (countries), which will be announced each time in Picodi. Within the framework of the Referral Program, the Organiser provides temporary actions with variable conditions, each time indicated in Picodi. The detailed terms and conditions of the current Referral Program, including the duration of the campaign or number of the Points that the Member can receive, are stated each time in Picodi, and unless otherwise stated by the Organiser, the general terms and conditions of the Referral Program mentioned in this section apply to each Referral Program.
- Within the framework of the Referral Program, each Participant uses a link assigned to them (hereinafter referred to as: "Referral Link," which is an individual link for a specific Participant, by means of which they are identified in the Referral Program.
- The Organiser places a Reference Link in each Participant's Account.
- The Participant starts using the Referral Program at the time of the first download of the Referral Link.
- The Participant may provide their Reference Link to any person of their choice. In the event that a person (hereinafter referred to as the "Referred Participant") to whom the Participant has provided their Referral Link, follows that person to the Cashback Promotion and makes a Purchase, the Participant will receive the Cashback Points in the process.
- If so indicated in Picodi for a specific action within the Referral Program, the Referred Participant making a Purchase using a Referral Link can also receive additional Points in the number indicated in Picodi. Particularly, the Organiser may indicate in Picodi for a given temporary action:
- number of such Points as the Participant may receive in the Referral Program, including both as the number of such Points or as % of the specified value related to this Purchase or Points due for it to the Referral Participant;
- period during which the Participant may benefit from a specific temporary action in the Referral Program;
any additional conditions for participation in the Referral Program or temporary action under the Referral Program, including but not limited to:
- - whether in the Referral Program the Participant can receive additional Points for a Purchase under a given Cashback Promotion of the same Referred Participant only once or repeatedly (for each Purchase),
- - whether the Referred Participant can use the Referral Link as part of the Purchase in any Cashback Promotion or only selected ones.
- The Participant of the Referral Program receives the Points for the correct use of the Referral Program no sooner than when the Points are credited for a specific Purchase with the Referral Link to the Referred Participant, in accordance with the rules of the Cashback Program.
- The Cashback Points received by the Participant as part of the Referral Program are subject to the same rules as the other Cashback Points referred to in these Terms of Service. The Points received by the Member as part of the Referral Program can only be used for Cashback, i.e. exchanged for cash and paid out, in accordance with the rules set out in the Terms of Service.
- The Participant of the Referral Program may cancel their participation in this Referral Program at any time by ceasing to provide the Referral Link to others.
- For valid reasons, the Organiser may refuse to grant the Participant the Points for participation in the Referral Program or even exclude the Participant from participation in the Referral Program. Important reasons are deemed a justified suspicion of a breach by the Participant of common law, particularly including the suspicion of an attempt to commit an act prohibited by law with the use of the Program, Picodi or elements thereof, attempt to circumvent the mechanisms and rules of the Program or Referral Program by the Participant, as well as doubts in the Organiser's mind as regards the identity of the Participant or data provided by them.
- The Organiser may terminate the Referral Program or a specific temporary action within the framework of the Referral Program. The Participants will be notified of such a decision no later than 30 days in advance.
- In cases of the Participant's exclusion from the Referral Program and termination of the Program, as referred to above, the Referral Link in the Participant's Account ceases to be active and no Points will be awarded for its use by the Referred Participant.
- The Participant may withdraw from the agreement to participate in the Referral Program without giving any reason by submitting an appropriate statement within 14 days from the date of its conclusion.
- As part of participation in the Referral Program each Participant provides the Reference Link to other people in a manner chosen by them, but with respect for the provisions of the commonly applicable law and good manners.
- In order for the Participant to receive the Points in the Referral Program, the Referred Participant must join the Cashback Program and enter the Cashback Promotion directing them to a Purchase directly from the active Referral Link provided by the Participant and make the correct Purchase entitling them to the Cashback Points in accordance with these Terms of Service.
- The Referred Customer, to use the Referral Link, should read these Terms of Service and information presented directly on Picodi.
- The Participant is obliged to participate in the Referral Program in accordance with the applicable legal order, good practice, provisions of these Terms of Service, as well as having all rights to the content used while participating in the Program.
- Information regarding the Program will be provided to the Participants via messages within Picodi or sent via e-mail to the e-mail address provided by the Participant in the Account.
- It is prohibited to undertake actions misleading, constituting an act of unfair competition or unfair market practice, and in particular:
- encouraging breaches or violations of the law;
- promoting the avalanche sales system;
- misleading Referred Participants, as well as other users and potential users of Picodi, in a manner that may affect their decision to use Picodi's services, particularly including the use of the Cashback Program and Referral Program;
- infringing copyright or other intellectual property rights or encouraging copyright infringement, including by providing information or materials which may infringe copyright or other intellectual property rights;
- Brand bidding PPC (particularly including ads for slogans related to the Organiser's brand and its business partners) and similar activities;
- manipulation of cookies, including automatically or unknowingly directing you to Picodi.
VIII. COMPLAINTS AND OUT-OF-COURT DISPUTE RESOLUTION
- Any Participant in the Program may submit complaints regarding the Program. The Participant may submit complaints in the form of his/her choice and, in particular, may address them to the Service Provider's address: Picodi.com S.A. ul. Przemysłowa 12, 31-701 Kraków, to the electronic mail address (e-mail): firstname.lastname@example.org or by using the contact form available at Picodi.
- In the complaint, the Participant is asked to provide details such as: name, surname, address of the entity submitting the complaint, telephone number and e-mail address as well as a detailed description and reason for the complaint.
- The Organiser will consider the complaint immediately, but no later than within 14 (fourteen) days of receipt.
- The Organiser will notify the complainant of the processing of the complaint within the aforementioned period in writing or by e-mail to the address given in the complaint.
- The Participant may use the out-of-court complaint and redress procedures in accordance with the rules set out at www.uokik.gov.pl in the "Settlement of consumer disputes" tab. In particular, the Participant:
- is 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 Participant and Organiser;
- may also lodge a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
Information on how to access these dispute resolution modes and procedures can usually be found on the websites of national consumer protection authorities.
IX. PROTECTION OF PERSONAL DATA
X. FINAL PROVISIONS
- Information regarding the Program will be provided to the Participants via messages at picodi.com or sent to the correspondence address via e-mail to the e-mail address provided by the Participant in the Account.
- The content of these Terms of Service may be amended - the Service Provider may amend the Terms of Service 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 of Service, imposition of certain obligations by state authorities, improvement of the operation of Picodi/Program and Participants' service, improvement of Participants' privacy protection, prevention of abuse, security considerations, changes in the services provided, including the introduction of new ones, editorial changes. Changes to the Terms of Service will be communicated to the Participant by means of a notice on the Service containing a summary of the changes and their effective date. The effective date of the changes will not be shorter than 14 days from the date of their announcement. If the Participant does not accept the new content of the Terms of Service, he/she is obliged to notify the Organiser of this fact within 14 days from the date of informing about the change of the Terms of Service. Notifying the Organiser that the Participant does not accept the new content of the Rules shall result in termination of the agreement of participation in the Program. In such a case, the Participant is obliged to exchange his/her Points for cash and to pay them in accordance with sec. V of the Regulations within 14 days from the date of termination of the Agreement. If the Participant fails to exchange the Points into cash and to pay them out within the period referred to in the previous sentence, the unused Points are deleted - they are forfeited without the possibility of their restoration.
- In the event that the Organiser makes available for a given country the possibility of using the Program also in other of its products, particular including the Application, Plug-in, other software or infrastructure, the information about changes to the Terms of Service may be communicated also in or through these products.
- 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 Poland.
- In the event that the mandatory provisions of law of the country of habitual residence of the Participant or other provisions applicable to the Consumer provide for more favourable conditions for the Consumer than the provisions of Polish law 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 Organiser and Participant are to be resolved by the competent courts in Poland.
ul. Przemysłowa 12 31-701 Kraków
Full name of consumer(s): __________________________
Address of consumer(s): __________________________
(to be completed and returned only if you wish to withdraw from the agreement)
I hereby withdraw from the participation agreement in the Cashback Program performed by Picodi S.A. based in Krakow.
Date of agreement: __________________________