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PAYTICON TERMS OF SERVICE

These Terms of Service set out the general conditions for the provision of services within the www.payticon.com Website by Payticon spółka z ograniczoną odpowiedzialnością with its registered office in Kraków, Rynek Główny 28, 31-010 Kraków, Poland, entered in the Register of Entrepreneurs of the National Court Register by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, under KRS number: 0000765455, NIP: 9452224702, REGON: 382231137 (hereinafter “Payticon” or the “Service Provider”).

  1. INTRODUCTION

    1. General provisions

      1. These Terms of Service apply to the provision of services within, or in connection with the use of, the website made available by the Service Provider at www.payticon.com.

      2. These Terms of Service satisfy in particular the requirements set out in Article 8 of the Polish Act of 18 July 2002 on the provision of services by electronic means.

      3. The Terms of Service are made available on the Service Provider’s Website in a form that allows the Service Recipient to obtain, record and reproduce them (for example by saving them to a computer disk or printing them out).

      4. Use of the Website and its Functionalities, including in particular maintaining a Customer Account and placing orders, is addressed to persons having full legal capacity.

    2. Contacting the Service Provider

      1. The Service Provider may be contacted as follows:

        1. by e-mail at: hello@payticon.com;

        2. by post at: Payticon sp. z o. o., Rynek Główny 28, 31-010 Kraków, Poland.

      2. Response time depends on the number of enquiries received by the Service Provider and on the complexity of the enquiry. In every case the Service Provider replies within the time limits arising from the applicable law, where such time limits apply.

    3. Definitions

      1. Wherever the following capitalised words or expressions are used in these Terms of Service, they shall mean:

        1. Website - the website made available by the Service Provider at www.payticon.com;

        2. Terms of Service - these terms of service of the Website;

        3. Service Recipient - a person who uses the Website, including its Functionalities;

        4. Service Provider - Payticon spółka z ograniczoną odpowiedzialnością with its registered office in Kraków, Rynek Główny 28, 31-010 Kraków, Poland, entered in the Register of Entrepreneurs of the National Court Register by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, under KRS number: 0000765455, NIP: 9452224702, REGON: 382231137;

        5. Website Functionalities – functionalities made available by the Service Provider within the Website, including in particular services provided by electronic means, that is services provided without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the service recipient, sent and received by means of devices for the electronic processing, including digital compression, and storage of data, which is entirely transmitted, received or broadcast by means of a telecommunications network;

        6. Distance Contract - a contract concluded within an organised system of concluding distance contracts, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment the contract is concluded;

        7. Customer Account – a set of technical settings and individual permissions created for the Service Recipient within the Website, allowing the use of the part of the Website separated for the Service Recipient and of the Functionalities available there;

        8. Voucher – a set of data used, as applicable, to dispose of the funds available under a Gift Voucher or to redeem Electronic Money with the Issuer or other authorised entities. A Voucher consists of an alphanumeric “PIN Code”, a “Serial Number”, the date of issue and the denomination;

        9. Electronic Money – monetary value stored electronically, subject to an obligation of redemption, for the purpose of making payment transactions, originating from the Issuer and accepted by entities other than solely the Issuer;

        10. Gift Voucher – a bearer voucher originating from the Issuer, allowing goods or services to be acquired in that Issuer’s shops or websites;

        11. Product – means Electronic Money or a Gift Voucher;

        12. Issuer – the entity that issues the Gift Voucher or the Electronic Money, obliged, as applicable, to exchange it for goods or services or to redeem it;

        13. Product Description – the description, originating from the Service Provider or the Issuer and published on the Website, of the conditions on which the Products may be used, including the conditions on which Products are exchanged for goods or services of the Issuers or of third parties, as applicable;

  2. USE OF THE WEBSITE

    1. Basic rules for using the Website

      1. The Website may be used solely on the terms and within the scope set out in the Terms of Service.

      2. The Service Recipient is not entitled to interfere in any way with the content, structure, form, graphics or operating mechanism of the Website.

      3. Content published on the Website, such as text, graphics, logotypes, icons, images, photographs, audio files, video files, data files, presentations, programs and any other data may be protected by intellectual property rights vested in the Service Provider or in entities with which the Service Provider has concluded an agreement on the use of that content for the purposes of operating the Website. No part of the content published on the Website may be reproduced or distributed in any form or by any means without the prior consent of the Service Provider.

      4. The Service Recipient is prohibited from using the Website, including individual Website Functionalities, in a manner contrary to the law or to good practice, or infringing the rights or personal interests of the Service Provider or of third parties.

      5. The Service Recipient is prohibited from supplying unlawful content and from taking actions that could cause disruption to the operation of the Website.

      6. The Service Recipient is entitled to use the Website solely for their own use, for non-commercial purposes.

      7. The Service Provider is entitled to suspend or block certain Website Functionalities, in particular the Customer Account, where a material breach of the provisions of these Terms of Service by the Service Recipient is established. The Service Recipient will be informed of the measures taken by e-mail within no more than 14 days from the day on which the Service Provider obtained information concerning the breach of the Terms of Service by the Service Recipient.

    2. Prevention of abuse

      1. The Service Provider may apply mechanisms intended to counteract abuse, fraud or extortion by dishonest users, including in particular false orders, impersonation of other users, extortion of refunds, or attacks using bots. Those mechanisms may include the use of analytical tools in order to detect suspicious behaviour.

      2. The Service Provider is entitled to suspend or block certain Website Functionalities, in particular the Customer Account, where it is established that a user is taking actions bearing the hallmarks of abuse.

      3. Users may raise objections to actions taken by the Service Provider, on the terms described in these Terms of Service for the submission of complaints.

    3. Technical conditions for using the Website

      1. The Service Provider will make efforts to ensure that the Website can be used by Service Recipients with all popular web browsers, operating systems, device types and types of internet connection.

      2. The Service Provider does not guarantee or accept responsibility for ensuring that every configuration of the Service Recipient’s electronic equipment will enable use of the Website. Subject to the preceding point, the minimum technical requirements enabling use of the Website are as follows:

        1. possession of a computer or other electronic device with access to the Internet;

        2. use of a current version of a web browser such as Mozilla Firefox, Opera, Google Chrome or Microsoft Edge, which supports cookies and JavaScript.

      3. In order to use the Customer Account, to send the contact form or to subscribe to the newsletter, the Service Recipient must have an active e-mail account.

    4. Risks connected with the use of electronic services

      1. The Service Provider applies technical and organisational measures appropriate to the level of risk in order to ensure the security of the messages and data transmitted on the Website.

      2. The Service Provider declares that the public nature of the Internet and the use of services provided by electronic means may involve the risk of Service Recipients’ data being obtained and modified by unauthorised persons.

      3. The basic potential risks connected with the use of the Internet include:

        1. malicious software (malware);

        2. various applications or scripts having a harmful, criminal or malicious effect on the Service Recipient’s ICT system, such as viruses, worms, trojans, keyloggers or dialers;

        3. spyware;

        4. programs tracking the Service Recipient’s activity, which collect information about the Service Recipient and send it, usually without their knowledge and consent, to the author of the program;

        5. unwanted and unsolicited electronic messages sent simultaneously to many recipients, often containing advertising content (spam);

        6. obtaining confidential personal information (for example passwords) by impersonating a trustworthy person or institution (so-called phishing);

        7. intrusions into the Service Recipient’s ICT system.

      4. Service Recipients should apply appropriate technical measures that will minimise the risks indicated above. In particular, it is recommended that Service Recipients use antivirus software and software protecting the identity of persons using the Internet. Such programs should be kept up to date.

      5. Protection against the risks connected with the use by Service Recipients of services provided by electronic means is also ensured by:

        1. an enabled network firewall;

        2. regular software updates;

        3. not opening e-mail attachments of unknown origin;

        4. reading application installation windows and their licences;

        5. disabling macros in MS Office files of unknown origin;

        6. regular full system scans with antivirus and antimalware software;

        7. encryption of data transmission;

        8. installation of preventive programs (intrusion detection and prevention);

        9. use of an original operating system and applications obtained from a legal source.

  3. WEBSITE FUNCTIONALITIES

    1. Provisions common to all Website Functionalities

      1. Within the Website the Service Provider makes available the following Functionalities:

        1. browsing the resources of the Website;

        2. use of the Customer Account, including the placing of Orders;

      2. The Service Provider may also make available the following Functionalities:

        1. shopping cart;

        2. contact form;

        3. newsletter;

      3. The Website Functionalities are available 24 hours a day, 7 days a week, subject to technical breaks necessary to carry out maintenance work.

      4. Use of the Website Functionalities is free of charge. Orders are placed for remuneration, subject to the possibility of the Service Provider introducing exceptions.

    2. Browsing the resources of the Website

      1. The Service Provider makes the resources of the Website available at the Service Recipient’s request.

      2. The Service Recipient obtains access to individual resources within the Website by means of a request addressed to the Service Provider’s server, including in particular a request made by calling the address of the Service Provider’s server in the Service Recipient’s web browser, by using external hyperlinks, and by using links contained in the Website itself.

      3. The resources of the Website include in particular information concerning the Service Provider, information concerning the Products offered, and informational and marketing materials contained on the blog forming part of the Website. The Service Provider decides on the scope of the Website resources made available to the Service Recipient. Those resources may change over time.

    3. Use of the Customer Account

      1. The Service Provider makes available to the Service Recipient the possibility of using a Customer Account. The Customer Account enables in particular:

        1. the placing of an order, in accordance with the current offer and the Product Description presented on the Website;

        2. access to the Service Recipient’s basic data and its modification within the scope provided for by the Service Provider;

        3. access to Order history.

      2. Only one Customer Account may be created for a given e-mail address.

      3. The agreement for maintaining a Customer Account is concluded by registering on the Website and accepting the conditions of these Terms of Service. The Customer Account maintenance service is available to the Service Recipient after registration on the Website.

      4. Registration is carried out by completing the registration form, in which the Service Recipient provides the required personal data and makes the required declarations. Completion of the required fields and the making of the required declarations are a condition for the conclusion of the agreement for maintaining a Customer Account. The information provided in the registration form should be true.

      5. Access to the Customer Account is secured with a password established by the Service Recipient. The Service Provider may specify minimum requirements as to password strength. The Service Recipient should keep the data required to log in to the Customer Account confidential, that is not make it available to third parties. Where the data necessary for logging in has been disclosed, the Service Recipient should immediately inform the Service Provider of this and change the password. The password may be changed using the functionality available in the Customer Account.

      6. Registration on the Website, as well as logging in to the Website, is possible using so-called external identity providers (for example Google, Facebook). Confirmation of the Service Recipient’s identity takes place on the terms set out in a separate agreement between the Service Recipient and such a provider.

      7. The Service Provider reserves the right to change or discontinue the services of individual external identity providers. In such a case the Service Recipient may continue to use the Customer Account using other available login methods.

      8. The agreement for maintaining a Customer Account is concluded for an indefinite period.

      9. The Service Recipient may at any time, without giving a reason, request the deletion of the Customer Account, in particular using the contact details indicated above. After the request is sent, the Customer Account will be deleted within 14 days of the request being received by the Service Provider.

      10. The Service Recipient’s right to request deletion of the Customer Account does not affect the rights of withdrawal available to a Service Recipient who is a natural person concluding an agreement for maintaining a Customer Account: i) for purposes not directly connected with their business or professional activity; or ii) for purposes directly connected with their business or professional activity, but which are not of a professional nature for the Service Recipient. The rights of withdrawal are described in Chapter V of the Terms of Service.

      11. The Service Provider may, for important reasons, in particular such as a planned discontinuation of the Website, terminate the agreement for maintaining a Customer Account on 14 days’ notice, by sending the Service Recipient a statement of termination to the e-mail address assigned to the Customer Account. In such a case the Customer Account will be deleted after the notice period expires.

      12. Deletion of the Customer Account is equivalent to termination of the agreement for maintaining the Customer Account.

      13. The agreement for maintaining a Customer Account is also automatically terminated upon the lapse of 366 days beginning on the day following the day of the Service Recipient’s last successful login to the Customer Account.

      14. The Service Provider is not liable for interruptions in the provision of the Customer Account maintenance service resulting from failures or malfunctions of ICT systems beyond the Service Provider’s control.

      15. Orders are placed on the terms set out in Chapter IV of these Terms of Service.

    4. Shopping cart

      1. The Service Provider may make available to the Service Recipient the possibility of using a shopping cart.

      2. Use of the shopping cart consists in the possibility of saving products or services that may be the subject of an order and of displaying a list of such products and services at the Service Recipient’s request, made by pressing a dedicated button.

      3. Use of the shopping cart requires cookies to be placed on the user’s terminal device (in particular in the browser’s memory) or the use of another similar technology enabling information to be saved on the user’s device.

      4. The list of products or services added to the shopping cart is available to the Service Recipient for the validity period of the cookies or other similar technologies saved on the User’s terminal device, of which the Service Provider informs separately in the Website’s Privacy Policy.

    5. Contact form

      1. Through the Website the Service Provider may make available to the Service Recipient a contact form enabling the Service Recipient to send a message to the Service Provider through the Website, in particular in order to obtain information about the details of the offer.

      2. In order to use the contact form it is necessary to provide all the information marked by the Service Provider as required, to make all the required declarations and to press the “send” button or another button of equivalent meaning. Failure to provide the required information makes it impossible to use the contact form.

      3. Response time depends on the number of enquiries received by the Service Provider and on the complexity of the enquiry. In every case the Service Provider replies within the time limits arising from the applicable law, where such time limits apply.

    6. Newsletter

      1. Through the Website the Service Provider may make available to the Service Recipient the possibility of expressing the wish to receive from the Service Provider, by e-mail, content constituting commercial information and other information concerning the Service Provider and its activity, including in particular information concerning the Products offered.

      2. In order to subscribe to the newsletter, the Service Recipient provides their e-mail address, other required data (if applicable) and makes the required declarations in a dedicated place within the Website. The Service Recipient provides an e-mail address which they are entitled to use.

      3. The possibility of subscribing to the newsletter may be made available by the Service Recipient in various places on the Website, including in particular while completing registration and contact forms. Where the newsletter is subscribed to from within the Customer Account, additional provision of the Service Recipient’s e-mail address may not be required.

      4. The newsletter will be sent for an indefinite period. The Service Recipient may at any time withdraw from the newsletter subscription service by contacting the Service Provider, which is equivalent to withdrawing from receiving it. Withdrawal from receiving the newsletter may also take place by clicking the link in the footer of each e-mail containing the newsletter, where such a link is present there.

  4. ORDERS

    1. Manner of placing orders

      1. The Service Provider makes available to the Service Recipient the possibility of placing an order through the Service Provider’s Website, in accordance with the current offer presented on the Website.

      2. The placing of an order and the conclusion of the contract take place on the conditions set out in the Terms of Service and in the Product Description.

      3. The possibility of placing an order is available solely to Service Recipients who have concluded an agreement with the Service Provider for maintaining a Customer Account. The Service Recipient may also conclude the agreement for maintaining a Customer Account at the stage of placing an order.

      4. The Service Recipient is not obliged to place orders, including in a specified quantity or value.

      5. A sales contract is concluded where the following conditions are met jointly:

        1. the Service Recipient selects the Product that is to be the subject of the order, including by adding the Product to the shopping cart;

        2. the Service Recipient makes a declaration of intent covering the order, by pressing the “Order with an obligation to pay”, “Buy and pay” or another similar button;

        3. the Service Recipient makes payment for the order in full, using one of the payment methods made available on the Website, whereby the moment of payment is deemed to be the moment the Service Provider’s bank account is credited;

        4. the Service Provider sends the Service Recipient an e-mail containing confirmation of the placing of the order.

      6. The Service Provider will send the Voucher to the Service Recipient’s e-mail address assigned to the Customer Account promptly, and no later than within 48 hours of the Service Recipient making payment for the order in full, using one of the payment methods made available on the Website.

      7. Use of any of the payment methods offered within the Website requires entering into a separate legal relationship with the provider of that payment service and accepting its terms and conditions. The Service Provider is not a party to such a relationship and has no possibility of interfering with its content or the manner of its performance. In the event of any problems with payment, the Service Recipient should contact the relevant payment service provider in order to clarify doubts or submit a complaint. The Service Provider accepts no liability for the performance of the payment service by the payment service provider.

    2. Conditions for redeeming Vouchers

      1. By purchasing Products, the Service Recipient acquires the right to exchange them for products or services of the Issuer or of third parties, using the Voucher.

      2. The detailed conditions for exchange for products or services of Issuers or of third parties are each time set out in the relevant Product terms or a similar document originating from its Issuer.

      3. The relevant Product terms may contain a time limitation as to the possibility of exchange for products or services of Issuers or of third parties, and territorial limitations (for example the possibility of using the Voucher only within the territory of Poland).

    3. Prevention of money laundering and terrorist financing

      1. Within the Website the Service Provider carries out, among other things, the distribution of electronic money on behalf of Issuers that are Electronic Money Institutions.

      2. The Service Provider is not an obliged institution within the meaning of the provisions on counteracting money laundering and terrorist financing. The Service Provider may, however, apply, on behalf of the Issuers, measures intended to prevent money laundering and terrorist financing, including in particular additional measures for identifying the Service Recipient (so-called KYC – Know Your Customer), sales limits or similar restrictions.

  5. PROVISIONS CONCERNING CONSUMERS

    1. General provisions

      1. The provisions of this Chapter apply to a Service Recipient who is a natural person concluding a contract: i) for purposes not directly connected with their business or professional activity; or ii) for purposes directly connected with their business or professional activity, but which are not of a professional nature for the Service Recipient.

      2. Provisions of the Terms of Service that are contrary to mandatory provisions of law, including in particular provisions that could limit or exclude rights vested in the Service Recipient under such provisions, do not bind the Service Recipient to the extent that they are irreconcilable with mandatory provisions of law.

    2. Right of withdrawal from the contract

      1. The Service Recipient has the right, within 14 calendar days from the date of conclusion of a Distance Contract, to withdraw from it without giving a reason and without incurring costs, with the exception of the costs specified in the Polish Act of 30 May 2014 on consumer rights.

      2. The declaration may be submitted, for example, to the e-mail address: hello@payticon.com.

      3. The Service Recipient may use the model withdrawal form constituting Annex No. 2 to the Polish Act of 30 May 2014 on consumer rights, available at https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=wdu20140000827.

      4. In order to meet the deadline for withdrawal from a Distance Contract it is sufficient to send the declaration of intent before that deadline expires. The Service Provider will promptly send the Service Recipient, on a durable medium, confirmation of receipt of the declaration of withdrawal submitted electronically.

      5. The Service Provider will promptly, and no later than within 14 calendar days from the day of receipt of the declaration of withdrawal from the Distance Contract, return to the Service Recipient all payments made by them in respect of that contract.

      6. The Service Provider makes the refund using the same payment method as used by the Service Recipient, unless the Service Recipient has expressly agreed to another solution.

      7. The right of withdrawal from the contract is not available to the Service Recipient in the cases specified in Article 38 of the Polish Act of 30 May 2014 on consumer rights, including in particular in relation to Distance Contracts:

        1. for the provision of services, if the Service Provider has performed the subject matter of the contract before the deadline for withdrawal from the contract expired, with the express consent of the Service Recipient, who was informed before performance began that upon performance they would lose the right of withdrawal from the contract;

        2. for the supply of digital content that is not recorded on a tangible medium, if performance began before the deadline for withdrawal from the Contract expired, with the express consent of the Service Recipient and after they were informed of the loss of the right of withdrawal from the Contract.

  6. COMPLAINTS AND DISPUTES

    1. Rules for submitting and handling complaints

      1. The Service Recipient may submit complaints in particular to the Service Provider’s address: Rynek Główny 28, 31-010 Kraków, Poland, and also by e-mail to: hello@payticon.com.

      2. Complaints should contain a description of the event or problem that is the subject of the complaint and contact details enabling the Service Provider to send a reply.

      3. The Service Provider will respond to a complaint submitted by the Service Recipient and notify them of the manner in which the complaint has been handled within 30 days of its receipt.

      4. The Service Provider will send the reply to the complaint on a durable medium, through a communication channel corresponding to the channel through which the complaint was submitted, unless the Service Recipient consents to the reply being delivered through another communication channel.

    2. Out-of-court dispute resolution

      1. A Service Recipient who is a consumer has, by way of example, the following possibilities of using out-of-court means of handling complaints and pursuing claims:

        1. an application for resolution of the dispute to a permanent consumer arbitration court (more information at: https://www.krakow.wiih.gov.pl/Content/Page/staly_sad_polubowny);

        2. an application for out-of-court resolution of the dispute to the Voivodeship Inspector of the Trade Inspection (more information on the website of the inspector competent for the place where the Service Provider conducts its business activity);

        3. assistance from the district (municipal) consumer ombudsman or from a social organisation whose statutory tasks include consumer protection (including the Consumer Federation, the Polish Consumers Association).

      2. Detailed information concerning the possibility for a Service Recipient who is a consumer to use out-of-court means of handling complaints and pursuing claims, and the rules of access to those procedures, are available among others on the website of the Polish Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.

      3. Information concerning the rules for pursuing consumer claims, published by the European Commission, is available at https://consumer-redress.ec.europa.eu/index_en.

  7. PERSONAL DATA AND THE SERVICE RECIPIENT’S PRIVACY

Service Recipients’ personal data is processed on the terms set out in the Website’s Privacy Policy.

  1. FINAL PROVISIONS

    1. Governing law

      1. The law governing the resolution of all disputes connected with the Website and with contracts concluded using it is Polish law. Those disputes will be resolved by the common court with territorial jurisdiction. This provision does not affect consumers’ rights arising from mandatory provisions of the law of their country of habitual residence.

      2. In the case of Customers who are not consumers, jurisdiction lies with the court competent for the Service Provider’s registered office.

    2. Validity and amendments to the Terms of Service

      1. The Service Provider may amend the Terms of Service, in particular in the event of a change in the scope or manner of the provision of services, as well as a change in the provisions of law affecting their provision.

      2. Service Recipients will be informed of a change to the content of the Terms of Service by placing such information on the Website.

      3. Amendments to the Terms of Service will enter into force on the day indicated in the information about the change, however no earlier than upon the lapse of 14 days from the day of informing about the change. Where the amendments are not accepted, the Service Recipient may withdraw from further use of the Website and its functionalities.

      4. Amendments to the content of the terms of service do not affect orders placed before the day on which the amendments to the Terms of Service enter into force. The Terms of Service in the wording in force on the day of the order apply to those Orders.

      5. Should any of the provisions of these Terms of Service be amended or invalidated by a decision of a competent authority or court, the remaining provisions remain in force and bind the Service Provider and the Service Recipient.

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