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Terms and Conditions

WEBSITE TERMS AND CONDITIONS

picodi.com

GENERAL PROVISIONS

These Terms and Conditions define the general terms, rules and manner of electronic service provision through picodi.com website (hereinafter referred to as the "Website") by Picodi.com Spółka Akcyjna based in Krakow, hereinafter referred to as the "Service Provider".

The Service Provider shall be contacted via contact form available at https://www.picodi.com/us/contact.

These Terms and Conditions are made available continuously and free of charge by the Service Provider at picodi.com website in a way that allows its Users to source, retrieve and save the contents hereof by printing or saving to a carrier at any time, using the IT system of the User.

All rights to the Website, including copyrights, intellectual property rights to its name, Internet domain, website, as well as forms, logos and other content published by the Service Provider, belong to the Service Provider, and can be used only in the manner specified, and in accordance with these Terms and Conditions.

It is prohibited to copy, reproduce, modify or distribute any portion of the Website, Service or a part thereof without prior written consent of the Service Provider, except as expressly permitted by applicable law and provisions of the Terms and Conditions. The Service Provider may take steps, including legal proceedings, in order to protect its and the Users" interest.

The Service Provider may post advertising material on the Website, relating to the Services offered, and third party products and services, in formats used in the Internet. The use of such services or offerings is not a part of the Website and shall be governed by the rules set out by the respective third parties.

The User understands that any linking to or from the Website does not imply in any way that the Service Provider is endorsed by any third party or that the Service Provider endorses or is affiliated with any third party or any third-party website. The User agrees that the Service Provider bears no responsibility or liability for any content assessed or harm caused from any third-party website. Other websites may collect and treat information they collect differently, so the User is encouraged to carefully read and review the privacy policy and terms of use for each website the User visits.

The User agrees that all of Picodi’s trademarks, trade names, service marks, and other logos and brand features (including, without limitation,…) that are displayed via the Services (collectively, the "Marks") are trademarks and the property of Picodi. The User agrees not to display or use Picodi’s Marks in any manner without Picodi"s prior permission, including but not limited to as part of a domain name or any other identifier. Third-party trademarks are the property of their respective third-party owners. Presence of a third-party trademark on the Services does not mean that Picodi has any relationship with that third party or that such third party endorses the Services or Picodi.

The terms of Service provided by the Website or other services may be governed by separate terms and conditions.

Note that using services provided by electronic means may pose the risk to every Internet user, involving the possibility of infecting the User"s IT system with malicious software and unauthorised acquisition and modification of its data. To avoid the above risks, the User should use proper technical means to minimise their occurrence and in particular anti-virus and firewall software.

AGE RESTRICTION

Picodi Services are not directed to persons under the age of 13. The Service Provider will not knowingly collect any information from individuals under 13. If you become aware that your child has provided us with personal information without your consent, please contact us. If we become aware that a child under 13 has provided us with personal information, we will take steps to remove such information.

DEFINITIONS

The terms used herein shall have the following meaning:

Service Provider – Picodi.com Spółka Akcyjna based in Krakow (31-701), Poland, at Przemysłowa 12, tax identification number (NIP): 6762464586, statistical identification number (REGON): 122849330, entered into the register of the National Court Register kept by the District Court for Kraków-Śródmieście in Krakow, XI Commercial Division of the National Court Register, under KRS number 0000551741, share capital PLN 121,044.00 (fully paid);

Website - website available on picodi.com domain, owned and administered by the Service Provider, through which the Users can use the Services offered by the Service Provider;

User – a natural person acting in ways not directly related to its business, who can view information provided on the Website according to its intended use, or use other Services;

Services – services rendered by the Service Provider to the Users by electronic means;

Discount code – a sequence of digits, letters and other characters that entitles the User to discounts, promotions and to participate in other activities organised by third parties on terms provided by them;

Picodi Plugin/Plugin - software created by the Service Provider and made available to the User through Google Chrome or Mozilla Firefox browsers, to be installed by the User;

Account – a part of the Website assigned to a given User which may be used to perform specified actions on the Website;

Terms and Conditions – this document.

WEBSITE TERMS OF USE

The Website can be used only in compliance with the rules and within the scope as provided in these Terms and Conditions.

Minimum technical requirements for use of the Website:

  1. a device with Internet access;
  2. access to e-mail;
  3. the latest version of an Internet browser with JavaScript support and Cookies enabled;
  4. software for displaying and saving PDF files.

It is prohibited to use the Website or Services in a way that violates the law, principles of morality, personal rights of third parties or legitimate interest of the Service Provider, in particular by posting content of illegal nature.

RIGHTS AND OBLIGATIONS OF USERS

The User shall:

  1. use the Website in accordance with the law, principles of morality and in compliance with the provisions of the Terms and Conditions, taking into account the personal rights and intellectual property rights of third parties;
  2. provide authentic data to the Website and immediately report any modifications in the details given to the Service Provider;
  3. not use the equipment, software and methods which could interfere with the operation of the Website;
  4. not deliver messages of illegal nature.

The User may not undertake actions aimed at engaging the inboxes of other Users or the Service Provider, in particular it is not allowed to send advertising messages.

The User gives its consent for the Service Provider to use and publish its image placed on its Account in the Internet, for the purpose of provision of the Services and delivering functionalities of the Website.

The above consent is given free of charge.

The User shall have the right to withdraw from the Service agreement made with the Service Provider within 14 days without stating the reasons.

To comply with the above, the User shall send its declaration within that time.

The deadline for withdrawal from the agreement shall be calculated from the day the agreement was concluded.

The form of withdrawal from the agreement is provided in Annex 1 to these Terms and Conditions, however, the User is not obliged to use the form.

The User has, among others, the following possibilities to use out-of-court ways of settling complaints and pursuing claims:

  1. apply to the voivodeship inspector of the Trade Inspection to commence mediation proceedings for amicable settlement of the dispute between the User and Service Provider;
  2. file a complaint via the EU web platform ODR, available at: http://ec.europa.eu/consumers/odr/ .

The details on the access to the above procedures for the settlement of disputes are available at: www.uokik.gov.pl, under the "Consumer dispute settlement" tab.

SERVICES

The scope of Services provided at the Website includes:

  1. information on third party promotions;
  2. provision of Discount codes;
  3. keeping the Account;
  4. receiving Newsletter;
  5. an option to post opinions;
  6. provision of an interactive form to contact the Service Provider;
  7. provision of Picodi Plugin.

The Service Provider publishes on its Website the information on ongoing promotions of third parties sales of products or services, granting discounts for the services or products offered at a specified time.

The Service Provider provides Discount codes at its Website, enabling the Users to reduce the prices of products or services offered by third parties and makes it possible to display and copy the Discount codes.

The agreement for a Service of viewing information on promotions and Discount codes is concluded for a fixed time and expires when the User leaves the Website.

The Account service at the Website is available only after registration. The registration is completed by filling in and accepting the registration form provided at the Website.

While using the Website, the User can log in to the Account with its active account at Facebook or Google+ social network.

The User logging in with its account at Facebook or Google+ social networks makes its full name and photograph derived from Facebook or Google+ public at the Website. Such details, however, remain only at Facebook or Google+ and are not stored on the Website.

The agreement for the Account service at the Website is concluded for an indefinite period and shall be terminated on the User"s sending a form requesting to remove its Account.

The User has an option to receive from the Service Provider commercial information in a form of messages sent to the e-mail address provided (Newsletter service). To this end, a valid e-mail must be provided or proper field at the Website pages enabled. The User may withdraw its consent to receive the commercial information at any time. The agreement for the Newsletter service is concluded for an indefinite period and shall be terminated on the User"s sending a form requesting to remove its address from the Newsletter subscription list, or by signing off by clicking on a link included in the Newsletter messages.

The User can send messages to the Service Provider using the contact form. The agreement for a service of providing the User an interactive form to contact the Service Provider is concluded for a fixed time, and expires when the Service Provider gives its reply.

The User can post on the Website its individual and subjective opinions related, among others, to the Services available or information presented on the Website. The agreement for posting opinions is concluded for a fixed time and expires on posting an opinion on the Website.

By adding an opinion, the User represents that is holds all rights to it and, in particular the copyright.

The opinion should comply with the applicable regulations and principles of morality.

PICODI PLUGIN

The Service Provider makes Picodi Plugin available for download from the Website.

Picodi Plugin is the software the User can use to obtain information about promotions and Discount codes at the third party websites visited.

The minimum technical requirements to use the Plugin and its functionality by the User include:

  1. a device with Internet access;
  2. access to Google Chrome or Mozilla Firefox browser.

To install Picodi Plugin in a device, the User downloads the software from the Website using Google Chrome or Mozilla Firefox browser, and follows the instructions displayed on screen during installation.

The agreement for use of Picodi Plugin is concluded at the time of the Plugin installation. The agreement is concluded for an indefinite time and can be terminated at any time by removing the Plugin by the User in a manner typical for the version of operating system installed in the device.

Upon conclusion of the agreement on the use of the Plugin, the Service Provider grants the User a non-exclusive, free of charge, non-transferable and worldwide license, without the right to sublicense, to use the Plugins for the following:

  1. adding to a device memory (including RAM);
  2. saving it in the device memory and displaying in that device;
  3. temporary multiplication in the device memory as necessary to use the Plugin;
  4. adjusting the Plugin as necessary for use with the User"s device (hardware and software configuration).

The license is granted for an indefinite period, but not exceeding the term of the agreement for use of the Plugin.

The User"s violation of the terms of license shall entitle the Service Provider to terminate the Agreement with immediate effect.

COMPLAINTS

The User can file complaints regarding the Services provided at the Website and, in particular the non-performance or improper performance.

The complaints can be filed in writing by registered letter at: Picodi.com S.A. ul. Przemysłowa 12, 31-701 Krakow, Poland, or e-mailed at: support@picodi.com.

The complaint should specify the claimant (name and surname or company name, address or registered offices, e-mail) and description of the subject of claim.

The Service Provider undertakes to consider any complaint within 14 days and, should this be impossible, to notify the User within that time when the complaint will be processed. In case of an incomplete complaint, the Service Provider shall call the User to provide the missing details in the scope required within 7 days from receipt of the notice by the User.

ELECTRONIC COMMUNICATIONS

When you use Picodi Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Picodi Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

INTELLECTUAL PROPERTY

COPYRIGHT

All content included in or made available through any Picodi Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Picodi or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Picodi Service is the exclusive property of Picodi and protected by U.S. and international copyright laws.

TRADEMARKS

In addition to Picodi’s protected trademarks, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Picodi Service are trademarks or trade dress of Picodi. Picodi"s trademarks and trade dress may not be used in connection with any product or service that is not Picodi"s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Picodi. All other trademarks not owned by Picodi that appear in any Picodi Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Picodi.

PATENTS

One or more patents owned by Picodi apply to the Picodi Services and to the features and services accessible via the Picodi Services. Portions of the Picodi Services operate under license of one or more patents. (Please note that this is applicable, if accurate.)

DISCLAIMER OF WARRANTIES, LIABILITY AND LIMITATION OF LIABILITY

Disclaimer: THE SERVICES AND ANY SUBMISSIONS, CONTENT AND INFORMATION PROVIDED ON OR ACCESSIBLE FROM THE SERIVCES, ARE PROVIDED BY PICODI ON AN "AS IS" AND "AS AVAILABLE" BASIS. PICODI MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS AVAILABLE VIA THE SERVICES, OR E-MAIL SENT FROM PICODI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE USER EXPRESSLY AGREES THAT HIS/HER USE OF THE SERVICES IS AT USER’S SOLE RISK.

Release: USER IS SOLELY RESPONSIBLE FOR HIS/HER INTERACTIONS WITH MERCHANTS AND OTHER USERS OF THE WEBSITES. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, USER HEREBY RELEASES PICODI FROM ANY AND ALL CLAIMS OR LIABILITY (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY) RELATED TO: ANY PRODUCT OR SERVICE OF A MERCHANT; ANY ACTION OR INACTION BY MERCHANT; MERCHANT’S FAILURE TO COMPLY WITH APPLICABLE LAW; PARTICIPATION IN A PROMOTION; USE OR MISUSE OF ANY REWARDS OFFER; OR ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER. THE MERCHANTS ARE FULLY AND SOLELY RESPONSIBLE FOR THE CARE AND QUALITY OF ALL GOODS AND SERVICES THEY PROVIDE TO THE USER AND FOR ANY AND ALL INJURIES, ILLNESSES, DAMAGES, CLAIMS, LIABILITIES AND COSTS (“LIABILITIES”) THEY MAY CAUSE USER TO SUFFER, DIRECTLY OR INDIRECTLY, IN FULL OR IN PART, WHETHER RELATED TO THE USE OR ACTIVATION OF A REWARDS OFFER OR NOT. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY THE USER, TYPOGRAPHIC ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PROMOTION; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE PROMOTION; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTION; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM USER’S PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OR MISUSE OF ANY REWARDS. IF FOR ANY REASON USER’S PURCHASE IS NOT RECORDED, ERRONEOUSLY DELETED, LOST, OR OTHERWISE DESTROYED OR CORRUPTED, USER’S SOLE REMEDY IS TO COMPLETE ANOTHER PURCHASE DURING THE PROMOTION.

Limitation of Liability: TO THE EXTENT ALLOWED BY APPLICABLE LAW, PICODI, ITS AFFILIATES, LICENSORS, VENDORS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES OF PICODI AND EACH PAYMENT SERVICES PROVIDER (“RELEASED PARTIES”) HEREBY DISCLAIM ANY LIABILITY TO THE USER IN CONNECTION WITH USER’S PARTICIPATION IN A PROMOTION, INCLUDING ANY ACTIVATION OF A REWARDS OFFER OR REDEMPTION OF ANY REWARDS. THIS INCLUDES, WITHOUT LIMITATION, ANY GOODS OR SERVICES SOLD IN CONNECTION WITH A REWARDS OFFER, HONORING OR FULFILLING A REWARDS OFFER, THE MERCHANT WHOSE GOODS OR SERVICES ARE THE SUBJECT OF A REWARDS OFFER, OR THE FAILURE OF PICODI OR A PAYMENT SERVICES PROVIDER TO PROVIDE ANY NOTIFICATIONS OR ENGAGE IN ANY MONITORING DESCRIBED HEREIN, TO APPROVE THE REWARD FOR A QUALIFYING TRANSACTION, OR TO PROVIDE ANY UPDATES ABOUT A REWARDS OFFER OR REWARD. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL AND INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE SERVICES, PROMOTIONS, ANY SUBMISSIONS, THE APPLICATIONS OR SITES, OR A THIRD PARTY’S COUPONS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER PICODI WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IF THE USER IS A CALIFORNIA RESIDENT, THE USER HEREBY WAIVES CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

FINAL PROVISIONS

These Terms and Conditions are available in English language.

Unless binding law provides otherwise, any disputes arising in connection with these Terms and Conditions shall be settled according to the Polish law.

In the event that binding law of the country of User"s ordinary residence provide more beneficial terms for the consumer than those of the Polish law and provisions of these Terms and Conditions, the provisions of the country of User"s ordinary residence shall be applicable.

Unless binding law provides otherwise, the settlement of any disputes arising between the Service Provider and the User shall be referred to the courts of Poland.

The content of these Terms and Conditions may be modified. The User shall be notified of any changes by a notice posted on the Website home page, detailing all changes and effective dates. The Users having an Account shall also be notified of the changes and receive a list of these to the email address provided. The effective date of the changes shall be no less than 14 days from publication. In the event that the User holding an Account does not accept the amended Terms and Conditions, it shall notify the Service Provider within 14 days from the change notification, by a proper notice emailed to the Service Provider. Such non-acceptance shall result in termination of the Agreement.

Appendix to Terms and Conditions:Cashback Terms and Conditions

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