BEFORE REGISTERING, PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU HAVE ANY QUESTIONS OR CONCERNS, PLEASE CONTACT US AT: wspolpraca@noblehealth.pl

SERVICE REGULATIONS

DEFINITIONS:

Affiliate Program – an affiliate program (ambassador-affiliate) run by the Service Provider, which allows Users to promote the Service Provider’s products using the Discount Codes and Affiliate Links provided, and allows Users to receive commissions under the terms and conditions specified in the Regulations.

Service/Service Provider – website operating at af.uppromote.com/ymywry-7e, constituting a platform for the Affiliate Program, run by BONATED Sp. z o.o. o.o. with its registered office in Warsaw at ul. Marszałkowska 107, 00-110 Warsaw, entered into the register of entrepreneurs by the District Court for m.st. Warsaw in Warsaw, XII Commercial Division of the National Court Register under number 0001019022, REGON: 524450832, NIP: 5273042282, e-mail address: wspolpraca@noblehealth.pl

User - an adult natural person conducting business activity, a legal person or an organizational unit without legal personality, as well as a natural person not conducting business activity, provided that the Commission is settled through a third party who issues a VAT invoice to the Service Provider in its own name and on its own responsibility.

Account – an individual User account maintained on the Website, enabling participation in the Affiliate Program, in particular access to discount codes, information about orders and commissions due, available after entering a login and password.

Discount Code – an individual code assigned to the User, enabling third parties to obtain a discount when purchasing products in the Service Provider’s online store and constituting the basis for calculating commissions for the User.

Affiliate Link – an individual internet link assigned to the User Account, enabling the identification of orders placed through the User and constituting the basis for calculating the Commission.

Commission – remuneration due to the User for the effective recommendation of the Service Provider’s products, calculated in accordance with the principles set out in the Regulations.

I. GENERAL PROVISIONS

1.1 These Regulations define the rules of operation of the Affiliate Program, including the terms and conditions of provision of Services by the Service Provider and the rights and obligations of Users related to participation in the Affiliate Program.
1.2 The Service Provider allows Users to register on the Website, create an Account, and use its functionalities as part of the Affiliate Program. After creating and activating the Account, the User gains access to Discount Codes and Affiliate Links, which they can use to promote products available in the Service Provider's online store operating at af.uppromote.com/ymywry-7e
1.3 The User is entitled to a Commission for purchases of products made in the Online Store using Discount Codes and Affiliate Links assigned to his Account, on the terms specified in the Regulations.
1.4 Creating and activating an Account by the User is tantamount to concluding an agreement between the User and the Service Provider for participation in the Affiliate Program under the terms and conditions specified in the Regulations.
1.5 The User is entitled to use the Account and the functionalities of the Website solely for the purpose of implementing the Affiliate Program, in accordance with the Regulations and applicable law.
1.6 The Service Provider exercises due diligence to ensure the security of data processed on the Website and the proper and uninterrupted operation of the Website, subject to technical or maintenance breaks.
1.7 The condition for participation in the Affiliate Program and use of the Services is to read and accept the Regulations.
1.8 The Affiliate Program is addressed solely to Users conducting business activity or to individuals settling their remuneration through a third party who, pursuant to a separate agreement concluded with the User, settles the Commission and issues a VAT invoice to the Service Provider.

II. REGISTRATION AND CONCLUSION OF THE CONTRACT

2.1 Registration on the Website and participation in the Affiliate Program are voluntary and take place by completing the registration form available on the Website and accepting the Regulations.
2.2 During registration, the User is obliged to provide factual, complete and current data necessary to set up an Account and implement the Affiliate Program.
2.3 By registering, the User declares that:
a) has full legal capacity,
b) is entitled to conclude an agreement on participation in the Affiliate Program,
c) the data provided by him does not violate the rights of third parties,
d) has read the Regulations and undertakes to comply with them.
2.4 The agreement on participation in the Affiliate Program is concluded upon activation of the Account by the User.
2.5 The Agreement is concluded for a fixed period of 12 (twelve) months.
2.6 Each Party may terminate the agreement on participation in the Affiliate Program before the expiry of the period referred to in paragraph 2.5, with a 7-day notice period, by submitting a declaration to the other Party in electronic form.
2.7 In the event of termination or expiration of the agreement, the User retains the right to payment of the Commission accrued in accordance with the Regulations until the date of termination of the agreement, subject to meeting the conditions specified in the Regulations, including reaching the minimum payment threshold.
2.8 The User independently decides on the manner, place and time of promotional activities, and the Service Provider does not exercise any management or control over the User in accordance with employment relationships or civil law contracts.
2.9 The User is solely responsible for the correct tax settlement of the Commissions received, in accordance with applicable law.
2.10 The technical requirements necessary for cooperation with the IT system used by the Service Provider are as follows:
a) connection to the Internet;
b) a web browser or appropriate application;
c) having and providing an e-mail address enabling the sending of information regarding the functionality of the Website
2.11 The condition for participation in the Affiliate Program is:
a) the User conducting business activity and settling the Commission on the basis of an invoice or
b) settlement of the Commission exclusively through a third party who, pursuant to a separate agreement concluded with the User, settles the Commission and issues a VAT invoice to the Service Provider.
2.12 Payment of Commissions in any form other than that specified in section 2.11 is excluded.

III. RULES OF THE AFFILIATE PROGRAM

3.1 As part of the Affiliate Program, the Service Provider provides the User with individual Discount Codes and Affiliate Links assigned to the User Account.
3.2 Discount Codes and Affiliate Links entitle third parties to receive a discount or redirection to the Online Store when purchasing products in the Online Store operated at noblehealth.pl and constitute the basis for calculating the Commission for the User.
3.3 The User is entitled to distribute Discount Codes and Affiliate Links in any manner of his choice, subject to compliance with the Regulations and applicable law.
3.4 The User is entitled to a Commission on orders placed in the Online Store using Discount Codes or Affiliate Links assigned to his Account.
3.5 The commission is calculated as a percentage of the net order value and is only applicable to orders:
a) effectively paid by the customer,
b) non-refundable and non-cancelled.
3.6 If the customer withdraws from the sales contract, returns the goods or cancels the order, the Commission for such order is not due or – if it has already been charged – is subject to cancellation.
3.7 The Commission is paid out based on the statement available in the User Account, after reaching the minimum payout threshold of PLN 200 (two hundred zlotys) net.
3.8 The commission is paid within 30 days from the date of delivery of a correctly issued invoice to the Service Provider, in accordance with the legal status of the User.
3.9 The Service Provider has the right to withhold the payment of the Commission in the event of a violation of the Regulations or a reasonable suspicion of such a violation, after having previously requested the User to provide an explanation.
3.10 The User undertakes to promote the Service Provider's products in a reliable manner, in accordance with the law and good practices.
3.11 All Promotional Materials published as part of the Affiliate Program must be clearly marked as advertising or promotional content, in accordance with the current guidelines of the President of the Office of Competition and Consumer Protection (UOKiK), in particular by using designations such as "advertisement", "cooperation", "sponsored material".
3.12 The User is fully responsible for the content of the published Promotional Materials, including their compliance with legal provisions, third party rights and the rules of the platforms on which they are published.
3.13 It is prohibited to use Discount Codes and Promotional Materials in places or contexts:
a) contrary to law,
b) of a vulgar, erotic, violent or hatred-inciting nature,
c) violating the good name, image or reputation of the Service Provider.
3.14 It is prohibited to generate Commissions in an artificial or unfair manner, in particular by:
a) using Discount Codes in a manner contrary to their intended purpose,
b) actions that constitute abuse or circumvention of the Regulations.

IV. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER AND THE USER

4.1 The Service Provider undertakes to provide the User with access to the Affiliate Program and to provide the functionalities of the Website enabling the implementation of the Affiliate Program, subject to technical, maintenance or modernization breaks.
4.2 The Service Provider reserves the right to temporarily suspend or limit access to the Website in the event of the need to carry out technical, maintenance or updating work.
4.3 The Service Provider has the right to:
a) verification of the User's actions regarding compliance with the Regulations,
b) suspending or blocking access to the Affiliate Program in the event of a violation of the Regulations,
c) deletion of the User Account in the event of gross or persistent violation of the Regulations.
4.4 The User undertakes to use the Affiliate Program in a manner consistent with the Regulations, applicable law and good practices.
4.5 The User undertakes not to take any action that could:
a) disrupt the proper functioning of the Website,
b) expose the Service Provider to legal or reputational liability,
c) violate the rights of third parties.
4.6 The User is fully responsible for all activities undertaken within the Affiliate Program, including the manner of promoting products and using Discount Codes.
4.7 The Service Provider is not responsible for the consequences of the User's actions carried out in violation of the Regulations or legal provisions.
4.8 The User undertakes not to provide content of an illegal nature within the meaning of applicable law.

V. LIABILITY

5.1 The Service Provider shall not be liable for any interruptions in the availability of the Website or limitations in its functioning resulting from technical or maintenance reasons beyond the control of the Service Provider or caused by force majeure.
5.2 The Service Provider is not responsible for the content of Promotional Materials published by the User or for the consequences of their publication, in particular for the infringement of third party rights or legal provisions.
5.3 The Service Provider is not liable for any damages incurred by the User in connection with the use of the Affiliate Program in a manner inconsistent with the Regulations or applicable law.
5.4 The User is fully responsible for his/her actions undertaken within the Affiliate Program, including the method of promoting products and the use of Discount Codes.

VI. PERSONAL DATA

6.1 The controller of the User's personal data is BONATED Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Marszałkowska 107, 00-110 Warsaw, entered into the register of entrepreneurs of the National Court Register under number 0001019022, REGON: 524450832, NIP: 5273042282.
6.2 Contact with the Administrator in matters related to the processing of personal data is possible electronically at the following e-mail address: wspolpraca@noblehealth.pl.
6.3 The User's personal data are processed:
a) in order to conclude and execute an agreement on participation in the Affiliate Program (Article 6, paragraph 1, letter b of the GDPR),
b) for the purpose of carrying out financial and tax settlements, including the payment of Commissions (Article 6, paragraph 1, letter c of the GDPR),
c) in order to pursue the legitimate interests of the Controller, in particular to ensure the security of the Website, to pursue or defend against claims (Article 6, paragraph 1, letter f of the GDPR),
d) based on the User’s consent – ​​to the extent and for the purpose specified in the content of the consent granted, in particular in the case of marketing activities, such as a newsletter (Article 6, paragraph 1, letter a of the GDPR).
6.4 The recipients of the User's personal data may be entities cooperating with the Administrator, in particular:
a) IT and hosting service providers,
b) entities providing accounting, legal and advisory services,
c) banks and payment operators,
d) marketing agencies (within the scope of marketing activities carried out),
e) entities related by capital or organisation to the Administrator, including:
– BONATED sp. z o.o. with its registered office in Warsaw, KRS 0001019022.
6.5 The User's personal data will not be transferred to third countries or international organizations.
6.6 The User's personal data will be stored for the duration of the contract for participation in the Affiliate Program, and after its termination for the period required by law or necessary to pursue any claims or defend against claims.
6.7 The User has the right to:
a) access to the content of your data,
b) their rectification,
c) deletion of data (right to be forgotten),
d) processing restrictions,
e) data transfer,
f) object to data processing,
g) withdraw consent at any time – without affecting the lawfulness of processing carried out before its withdrawal.
6.8 The User has the right to lodge a complaint with the President of the Personal Data Protection Office if he or she considers that the processing of his or her personal data violates the provisions of the GDPR.
6.9 Providing personal data is voluntary, but necessary for the conclusion and performance of the agreement on participation in the Affiliate Program.Failure to provide data will result in the inability to conclude a contract and participate in the Affiliate Program.
6.10 The User's personal data will not be processed in an automated manner, including in the form of profiling.

VII. COMPLAINT PROCEDURE

7.1 The User has the right to submit complaints regarding the functioning of the Affiliate Program or the Website.
7.2 Complaints should be submitted electronically to the following e-mail address: wspolpraca@noblehealth.pl
7.3 The complaint should include at least:
a) data identifying the User,
b) description of the reported problem,
c) User's request.
7.4 The Service Provider shall consider complaints within 14 days of their receipt and shall inform the User about the method of their consideration electronically.

VIII. FINAL PROVISIONS

8.1 The Regulations come into force on the date they are made available on the Website.
8.2 The Service Provider reserves the right to change the Terms and Conditions. Users will be informed of any changes by publishing the current Terms and Conditions on the Website. Changes to the Terms and Conditions do not infringe upon any acquired rights of Users.
8.3 In matters not regulated by the Regulations, the provisions of Polish law shall apply, in particular the Civil Code and the Act on the provision of services by electronic means.
8.4 Any disputes arising from participation in the Affiliate Program will be resolved by a common court having jurisdiction over the registered office of the Service Provider.