Terms of Service Promocodius Website

Last updated: December 29, 2023

Intro

AWEB sp. z o. o. (“Company” or “we”) welcomes you, our user (“User” or “you”). These Terms of Service (“Terms”) apply to our website https://promocodius.com (“Website”).

Our Privacy Notice describes our collection and use of personal data connected to your access to and use of the Website.

By accessing the Website, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you are not permitted to and must discontinue accessing the Website.

If you have any questions or comments about these Terms or use of the Website, please contact us.

About us

Our support team is happy to assist you. You can contact us via the email addresses listed above or via the contact page on the Website.

Please note that we may not respond to offensive emails or messages. We kindly ask you to be polite during your communication with us.

Entire agreement

These Terms and Privacy Notice constitute the entire legally binding agreement between us and our users.

By accessing the Website, you declare and confirm that:

• you have read, understand, and have the legal capacity to, and with this agree to be legally bound by and to comply with these Terms in full;
• you are 18 years of age or older, have full legal capacity and are not restricted otherwise (otherwise, you can access and use the Website exclusively under the supervision of a parent or guardian);
• according to the laws of your local jurisdiction, you are eligible to enter into this agreement and have no restriction to access and use the Website;
• you shall continuously comply with these Terms and all applicable laws and regulations each time you access or use the Website.

If you use the Website as a business representative, you further certify that you are eligible to legally bind the represented legal entity, grant the Company all permissions and licenses under these Terms, and disclose information about that legal entity.

Our services

The website serves as an online marketplace that offers current coupons, deals, and discounts for thousands of well-known and leading retailers. Users can access these offers by clicking on the relevant links, which redirect them to the online stores offering coupons or other bargains.

The website caters to two main groups:

• Retailers can showcase and distribute their coupons through the platform to attract more customers to their online stores.
• Customers who actively seek bargains and discounts for their shopping needs.

Third-party websites and services

The Website contains or may depend on links to other websites and services.

Please pay close attention and note that the links to the websites, web platforms, or any other pages of the retailers or any other third person are provided to us directly or indirectly from them. Therefore, we can not control the correctness, validity, actuality, or quality of such links in any other manner of such links. If any questions or acquisitions related to the links arise, please contact these persons directly.

To avoid any doubts or misunderstandings on that matter, please visit our “Warranties and disclaimers” sections.

The access and use of the other websites and services we own or manage are subject to the relevant software as a service agreement (or equivalents) published on such websites and services and are not governed by these Terms.

The access and use of the other websites and services we do not control are governed by third parties and do not fall under these Terms.

We are not responsible for the content, functions, and services offered through third-party websites or services and for any loss, damage, or other liabilities incurred as a result of your use of such websites, services, and their content or functions. We do not control the features available or accessed through them.

You acknowledge that other terms of use (or equivalents) and privacy notices (or equivalents) apply to your use of third-party websites, services, and their content or functions.

Content and intellectual property

The Website is owned and managed by the Company.

The Website and the materials in the Website, including text, graphics, information, images, drawings, trademarks, logos, videos, sounds, music, software, and other materials accessible or downloadable from the Website (collectively, – “Content”), as well as copyright and other intellectual property rights to such Content, belong to the Company or our affiliates or is included in the Website with the consent of the relevant owners or rights holders.

The term “Content” does not include any materials you provide to us in any manner.

Subject to your continuous compliance with these Terms, we grant you a limited, temporary, personal, non-exclusive, non-sublicensable, revocable, non-transferable, and worldwide license to access and use the Website and Content via the device or devices you lawfully own or control in the manner provided for in these Terms.

We may provide upgrades, modifications, updates, or additions to the Website. The terms of this license shall apply to any such modification unless a separate license accompanies it.

The Content, or any elements thereof, shall not be used in any manner without our or relevant owners' or rights holders' prior written consent in any manner not provided by these Terms.

Under this license, you shall not:

• sell, lease, rent, license, sublicense, or otherwise distribute the Content;
• copy, decompile, disassemble, translate, or reverse engineer the Content, in whole or in part;
• reproduce, publish, transmit, write, or develop any derivative intellectual property objects, make an attempt to derive the source code of the relevant Content and its updates;
• provide, disclose, divulge, or make available to, or permit the use of the Content by any third party without prior written consent of the Company;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party to protect the Website and Content;
• use the Website and Content for sending spam, opt-in or unsolicited email, port scanning, scanning for open proxies or open relays, attacking in any way, shape, or form any other computer or network;
• use the Website and Content for illegal purposes or in any manner that is not provided under the license;
• change or delete any Company’s ownership notices from the Content downloaded or printed from the Website.

Your license to access and use the Website shall be automatically revoked if you violate these Terms. We reserve all rights not expressly stated in these Terms.

We will enforce our intellectual property rights and use any remedy available under the applicable law.

Your feedback

We appreciate any of your feedback and comments on actual coupons or other bargains (collectively, – “Feedback”).

Please note that by submitting the Feedback to us directly or via any platform or social media, you:

• grant us a worldwide, nonexclusive, royalty-free, perpetual, revocable, transferable, assignable, and sub-licensable (through multiple tiers) license and right to copy, reproduce, use, modify, adapt, distribute, publish, translate, create derivative works from, distribute, and publicly display, including online, such Feedback on our website, social media accounts, our marketing, advertising, or any other informational communications distributed via email or otherwise, and in any other media, including for marketing and advertising purposes, and otherwise exploit such Feedback regardless of when and in what manner you provided it. You grant us the right to use and refer to the name or username that you submit in connection with such Feedback. For this reason, we ask that you not submit any Feedback or delete any existing one that you do not wish to license to us as set herein;
• agree and acknowledge that you are solely responsible for the information in your Feedback;
• represent and confirm that you were not asked, instructed, or commissioned to submit fake or misleading reviews or bargains and endorsements or misrepresent your experience with our services;
• represent and warrant that the use of your Feedback does not violate any third party’s rights;
• expressly release and discharge us, our affiliates, sublicensees, successors, and assignees from all liability, claims, and demands arising out of or in any way connected to our exercise of the rights granted under the license provided herein, including without limitation, any liability based on rights of publicity, invasion of privacy and other civil rights, moral rights, and copyright infringement.

Please, contact us to request to refrain from or discontinue our use of your Feedback at any time.

The Feedback appearing on our Website, social media accounts, and marketing, advertising, and other communication reflects the individual experience of those who have used our services. We do not claim, nor should the reader assume, that any individual experience recounted is typical or representative of what any other user might experience.

Prohibited purposes and activities

You are prohibited from using the services we offer via the Website to conduct the following prohibited activities and facilitate the following prohibited purposes:

• initiation, facilitation, promotion, development, or participation in any other manner in any actions that are offensive by their nature, such as a promotion in any way racial or ethnic offenses, bigotry, hatred, physical harm of any kind against any group or individual, animal cruelty;
• support, promotion, sharing of the information that is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous, or physical violence or encourages conduct that would be considered a criminal offense or bring forth civil liability;
• promotion of the violent, repulsive, or hateful content, or content that contain, share, or promote misinformation, aggression, terrorism, spam, or misleading;
• promotion of the content that causes or can cause a destructive social impact, crimes, felonies, or misdemeanors, or interference in the work of any public authorities, commercial, non-profit or any other entities, social, political, or legal processes (including any political manipulations);
• promotion of the content that leads or can lead to the violation of any applicable laws, regulations, or third party’s rights;
• initiation, facilitation, promotion, development, or participation in any other manner in bullying, harassment, or threatening another individual;
• displaying or promotion of the pornographic or sexually explicit material of any kind, including underage;
• promotion of sex-related entertainment, escort services, or other services that may be interpreted as providing sexual acts in exchange for compensation;
• promotion of unauthorized advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes;
• demonstration of nude bodies, offensive gestures, and motions.

We are entitled to but are not obliged to, and are not responsible for, control of the purposes of your use of the results of our services.

Please note that if we find you violating these provisions, we are entitled to apply any measures we see applicable and reasonable in such cases.

Warranties and disclaimers

The Website is provided to you “as is” and “as available.”

We do not provide you with any promises that retailers who place links, coupons or other bargains on the Website will reach any key performance indicators or any other results as a consequence of the provision of our services to you, including the described on the Website or discussed anyhow with us.

We do not provide you with any promises that customers will find desired coupons or other bargains on the Website, get promised discounts from the retailers whose bargains were placed on the Website or reach any other results as a consequence of the provision of our services.

We do not promise that a coupon or other offer posted on our site will lead to the desired or described website or the opportunity to take advantage of this offer at the desired or described website.

By accessing the Website, you declare and confirm that you are duly informed, aware of, and have no claims, demands, or objections that any of your activity is conducted at your own risk and all results of the provision of our services to you are implemented solely at your own discretion and under your sole responsibility.

To the fullest extent permitted by law, we disclaim all warranties concerning the Website, its functionality, Content, our services themselves and all results of the provision of our services, and any information published on the Website, including, without restrictions, warranties of fitness for a particular purpose, merchantability, and non-infringement of intellectual property rights of third parties or other rights.

We make no promises or guarantees regarding the accuracy, usefulness, reliability, and correctness of the Website, Content, our services themselves and all results of the provision of our services and information included in the Website and Content or published there.

We do not warrant that the operation of the Website will be uninterrupted or secure, that any defects will be corrected, or that they will be free of viruses or other harmful elements.

We do our best to keep your data safe and secure and maintain the Website’s functionality. However, the Website may be unavailable for various factors beyond our control, including emergencies, third-party service failures, hacker attacks, transmission, equipment or network problems or limitations, interference, and signal strength, and may be interrupted, refused, limited, or curtailed.

We are not responsible for data loss or the inability to use the Website or Content caused due to the above.

Limitation of liability

Our liability

To the fullest extent permitted under the applicable law, we shall not be held responsible if any information, materials, or Content is available through the Website or any typographical errors or omissions in the text or other materials.

In no event shall we, our affiliates, our subcontractors, or any other team members be liable for any direct, indirect, incidental, special, consequential, or incidental damages, including lost profits, loss of data, or damage to property, related to the use or inability to use the Website or Content, our services themselves and all results of the provision of our services. We, our affiliates, our subcontractors, or any other team members shall not be liable for damage caused by the use of information obtained through the Website or Content, as well as as a result of errors, defects, and interruptions in the Website, even if we were notified of such damage.

We are not liable for any omissions, technical failures, inability to redirect users to the promoted retailer's websites, or inability to use offered coupons or bargains caused by any other reason unrelated to the Company's activities. Retailers are responsible for verifying the correctness and functionality of links to their websites.

We are not liable for any results of your implementation and application of the results of any of our services described in the Website or Content in any of your personal or business activities.

The provision of this subsection shall be applied to the fullest extent permitted by applicable law.

If any part of the provision of this subsection is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then we shall be liable to you only for the real direct documented damages sustained you due to the provision of the services by us and our aggregate liability for all claims under such circumstances for liabilities shall not exceed 100 euro.

Your liability

You agree to be liable for your compliance with these Terms while accessing or using the Website or Content.

Indemnification

You agree to defend, indemnify and hold harmless us, or our shareholders, directors and all other officials, employees, contractors, subcontractors, vendors and all other counterparties from and against all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from:

• any breach by you of any of these Terms;
• your use or misuse of the Website or Content, our services themselves, or results of our services;
• a violation by you of applicable law, third party’s intellectual property or other rights, any agreement or terms with a third party to which you are subject.

We reserve the right to handle our legal defense however we see fit, including instances when you indemnify us. Therefore, you agree to cooperate with us to execute our strategy.

Applicable law and jurisdiction

These Terms shall be exclusively governed by and construed under the laws of Poland, excluding its rules on conflict of laws.

Except where prohibited by applicable law, and without limitation to any statutory rights of consumers, you agree that any dispute, conflict, claim, or controversy directly or indirectly arising out of in connection with or relating to the Website, Content, our services, results of our services, or these Terms, including, without limitation, those relating to its validity, its construction, or its enforceability shall be resolved through amicable negotiations directly with the Company’s team following the principles of good faith and cooperation.

If we cannot reach a consensus through negotiations, the dispute shall be settled exclusively in the national courts of Poland, subject to its jurisdiction rules, with the applicable substantive law of Poland.

All claims shall be brought within one (1) year after the claim arises, except to the extent that a more extended period is required by applicable law.

To the extent allowed by the applicable law, you agree that any proceedings to settle any dispute under these Terms solely on an individual basis and that you will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you act or proposes to act in a representative capacity. You further agree that no arbitration, mediation, litigation, or proceeding will be joined, consolidated, or combined with another arbitration, mediation, litigation, or proceeding without the prior written consent of the Company.

Nothing in these Terms will prevent us from seeking injunctive relief with respect to a violation of these Terms or enforcement or recognition of any award or order in any appropriate jurisdiction.

Electronic communications

By using the Website and providing us with your contact information, you understand and agree that we may send you recommendations and information via email regarding, without limitation:

• your use of the Website, Content, or our services;
• updates of the Website, terms of our services, and these Terms;
• newsletters about offers.

Note, however, that some email messages may be more “commercial” in nature than others, as they may advertise our services or offers we believe you may be interested in. You may unsubscribe from receiving these emails from us by following the instructions provided in such communications.

You can read more about the rules of personal data processing in our Privacy Notice.

Termination

Termination by us

We reserve the right at our sole discretion to modify, suspend, or discontinue the Website, Content, features, services, or offers available via the Website at any time. You agree that we shall not be liable to you or any third party should any of the preceding occur.

We reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your license (in whole in particular part) and access to the Website and Content.

We will cooperate with legal authorities or third parties to investigate any suspected or alleged crime or civil wrong.

Termination by you

You may terminate this agreement with us by stopping accessing and using in any manner the Website, Content, and our services. If you terminate this agreement, all permissions and licenses under these Terms will immediately terminate without the Company’s obligations to provide any refunds.

Miscellaneous

We reserve the right to transfer our rights and obligations under these Terms to a third party, but this will not affect your rights or our obligations under these Terms.

We reserve the right to modify these Terms at any time at our sole discretion. If material changes affect your use of the Website, we’ll notify you before the changes’ effective date via the website or otherwise at our sole discretion. If you continue to use the Website, you agree to the updated version of these Terms.

If any provision of these Terms is recognized unlawful, void, or unenforceable by a relevant authority, the remaining provisions will remain valid and enforceable.

A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to the use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.