WEBSITE TERMS AND CONDITIONS picodi.com
§1 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 S.A. 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/za/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 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.
The terms used herein shall have the following meaning:
Service Provider – Picodi.com S.A. based in Krakow (31-701), Przemysłowa 12, Tax Identification Number (NIP): 6762464586, 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, in the meaning of the provisions of the Act of July 18, 2002 on electronic provision of services (Journal of Laws no. 144, item 1204 as amended);
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;
The Act on consumer rights – the Act of May 30, 2014 on consumer rights (Journal of Laws 2014 no. 827);
The Act on electronic provision of services – the Act of July 18, 2002 on electronic provision of services (Journal of Laws no. 144, item 1204, as amended);
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.
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:
a device with Internet access;
access to email;
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.
§4 RIGHTS AND OBLIGATIONS OF USERS
The User shall:
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;
provide authentic data to the Website and immediately report any modifications in the details given to the Service Provider;
not use the equipment, software and methods which could interfere with the operation of the Website;
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:
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;
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.
The scope of Services provided at the Website includes:
information on third party promotions;
provision of Discount codes;
keeping the Account;
an option to post opinions;
provision of an interactive form to contact the Service Provider;
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.
§6 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:
a device with Internet access;
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:
adding to a device memory (including RAM);
saving it in the device memory and displaying in that device;
temporary multiplication in the device memory as necessary to use the Plugin;
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.
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, or emailed at: firstname.lastname@example.org.
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.
§8 PERSONAL DATA PROTECTION
The Service Provider collects information given voluntarily by the Website Users. Furthermore, the Service Provider may save the connection related information, such as IPs, for technical purposes, administration of severs and for gathering general statistical and demographical information (e.g. about the region from which a connection is made), and also for security reasons.
Personal details collected by the Service Provider are processed pursuant to the provisions of the Act of August 29, 1997 on the protection of personal data (Journal of Laws 1997 no. 133 item 883 as amended) and the Act of 18 July 2002 on electronic provision of services (Journal of Laws 2002 no. 144 item 1204 as amended) only upon the authorisation to process such data and solely for the purpose of archiving or electronic provision of Services by the Service Provider and for other purposes as stated in the Terms and Conditions.
The Service Provider exercises particular care to protect the privacy and information received relating to the Users of the Website. The Service Provider selects and uses proper technical means with due diligence, including the IT and organisational ones, to ensure protection of the processed data and, in particular, protects such data from unauthorised access, disclosure, loss and damage, unauthorised modification and unlawful processing.
Due to the voluntary nature of the Users' provision of their personal details, they have the right to access, modify and to request the Service Provider to remove their personal data from its records, subject to the provision below. The Service Provider may refuse to remove the data if the User, by its actions at the Website, has already violated the provisions of this document or of the Terms and Conditions, or the valid provisions of law, and such retaining of data is necessary to investigate the circumstances and determine the User's responsibility.
Should the registered User's data change, the User has an option to modify it after logging on the Website.
The Service Provider may entrust processing of the personal data of Users to third parties providing some services, in particular delivering orders, processing payments and surveying satisfaction of the Website Users.
The only source of the Service Provider's obligations are these Terms and Conditions and valid provisions of law.
The Service Provider is not an organiser, co-organiser nor performer of promotional, discount or other actions organised by third parties.
The functioning and use of any promotional, discount and other actions remain the exclusive responsibility of the respective third parties.
Through the Website, the Service Provider publishes the information on promotions, discounts and other actions prepared and delivered by third parties who are also responsible for the content of these.
§10 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.