General Terms of Use – User Regulations

DEFINITIONS

Application – software enabling the Service Provider to provide the Service, intended for (i) Users to use the Application’s features, (ii) Partners to confirm the Program Participants and Program Organizers’ entitlements to purchase services or goods from Partners and (iii) Program Organizers to create Programs, reporting Program Participants and administer part of their rights as part of the Application features and use other features supporting business processes of Program Organizers. The Application is available to people who can connect to the Internet using Access Devices. The detailed features of the Application are specified in the instructions for Program Participants, Program Organizers and Partners available at www.nais.co or directly in the Application. The Service Provider reserves the right to change the Application or its individual features (including the domain under which it is available) at any time, in particular for the purpose of its further development and improvement.

User Account – a collection of resources and permissions available as part of the Application assigned to a specific Application User.

Nais – designation of the brand or company under which operate the Affiliates and the Application enabling the provision of the Service.

Applicable Law – provisions of local law applicable to the activities of the Nais Service Provider.

Payment Operator – an entity intermediating in the transfer of means of payment; in particular, banks, paying agents, entities operating payment systems, Card Organizations, electronic money institutions. The list of Payment Operators and the payment methods they support can be found at https://nais.co/en/payment-operators/.

Program Organizer – an entity using the Application features intended for program organizers aimed at aimed at building commitment and a good atmosphere of cooperation (for example, among employers who organize and manage programs for their employees, associates and key business partners), including, among others, by transferring funds to the Service Provider as a trustee, as part of the Program, to enable Program Participants to use them, but only at the time and in order to purchase services or goods from Partners selected by the Program Participant, subject to restrictions that could be imposed by the Program Organizer in regard to possible use of these funds. The Program Organizer may use the Application in such a way that it will create a program to which it will invite other program co-organizers.

GTU – Terms of use called General Terms of Use, whereby each of the entities using the Application in order to achieve their goals, i.e. the User, the Program Organizer and the Partner accept the GTU appropriate to the scope of their rights and obligations, therefore these GTU will be referred to, respectively, as the GTU – User Regulations, GTU- Program Organizer Regulations and GTU – Partner Regulations.

Partner – an entity offering services or goods using the Application for Program Participants or Program Organizers as part of their business activities. 

Nais Affiliate – an affiliate operating under the Nais brand acting as a Service Provider, Software Producer, Partner or having other role related to the provision of services in the Application.

Data Protection Law – means the provisions of law on the protection of personal data applicable to the Nais Service Provider in accordance with the scope indicated by the Applicable Law.

Software Producer – Nais Affiliate, which is a software creator, owning the copyrights to its own application source code, data architecture and all other rights related to the implementation of the Application feature.

Program –set of Application features under the Nais brand, owned by the Service Provider, use of which, among others, helps to build a balanced partnership between the Program Organizer and the Program Participants. The program also enables the management of all the Application features necessary to run the program by the Program Organizer, such as the entitlements of Program Participants.

Program Participant – the User invited to the Program by the Program Organizer. Program Participants, in addition to using the Application features dedicated to them and related to the Program, may have the right to manage it or use some of its features on behalf of the Program Organizer. A User running a sole proprietorship is also the Program Organizer for the Program Participants he/she invites to the Program.

Access Devices – devices capable of connecting to the Internet through which the connection and use of Application is carried out. The list of web browsers or applications cooperating with the Application and the rules for their configuration and configuration of network devices is each time described in detailed instructions. The Service Provider ensures the compliance of the Application only with the latest versions of the most popular internet browsers.

Service – a service provided by the Service Provider on its own behalf and for its own account.

Service Provider, Service Supplier, Nais, We – depending on the context, a Nais Affiliate being party to the Agreement, providing the Service directly. Information about the Service Provider can be found in the User Account. The list of Nais Service Providers can be found at https://nais.co/legal/nais-service-provider.

User – person having a User Account in the Application.

I. GENERAL REGULATIONS

1. The Service Provider shall ensure the highest availability of the Application, including removing Application failures as soon as possible. Maintenance works shall be carried out – where possible – at night.
2. The User, invited by the Program Organizer to participate in the Program, shall not incur any fees for using the Application features related to the Program (except data transmission costs related to the use of the Access Device – in accordance with the rules of the Internet access service providers whose services the User uses). The Service Provider reserves the right to include in the future to the Application any additional paid features dedicated to the User but not related to the features of the Program, such features, however, will always be clearly and unambiguously described, so that there is no doubt which elements of the Application can be used free of charge and which for a fee.
3. The User is obliged to use the Application in a manner consistent with its intended use, which has no negative impact on the Application, does not cause disruptions in its operation, is compliant with the law and good customs.
4. The User may, as part of Application features, be invited by the Program Organizer to use the Program. In the scope of, inter alia, use of the Program Organizer’s funds related to the award, benefit, social and other policy, it can be done in at least two ways:
5. a) by final granting funds to the Program Participant – in this case, the effective completion of the system procedure of granting these funds within the Program by the Program Organizer is tantamount to granting additional remuneration to the Program Participant (if Program Participants are employed under employment contracts, contracts for specific work or contracts of mandate), which result in emergence of tax obligations in this regard with the Program Organizer as a payer of personal income tax advances, because these activities fulfil the statutory prerequisite for placing funds at the employee’s disposal;
6. b) by promising the Program Participant granting funds in the future, after meeting certain conditions imposed by the Program Organizer – in this case, effective completion of the system procedure for awarding funds in the Program is a declaration of the Program Organizer to make funds available to the Program Participant that will be realized in the future only when he/she finds, among Program Partners offers, an offer interesting for him/her, and starts the procedure of its purchase, whereby, simultaneously at the time of making the purchase by the Program Participant the offer shall meet the Program Organizer’s criteria for allocating its funds to such a purchase of Program Participant;  Only the completion of the purchase transaction of Partners’ services or goods by the Program Participant is tantamount to granting additional remuneration to the Program Participant (if Program Participants are employed under employment contracts, contracts for specific work or contracts of mandate)  and fulfilment of the statutory condition for placing funds at the disposal of the employee and, therefore, the emergence of tax obligations with the employer as a payer of personal income tax advances; In this sense, the entries in the User’s Account in the Program are only a technical representation of the amount of the possible promise of the Program Organizer towards the Program Participant, which the Program Organizer may cancel or change at any time by its actions.
7. All rights to the software remain the property of the Software Producer. The User is prohibited from copying, modifying, decompressing and distributing the software made available to him/her.
8. The Service Provider encourages Users to use Access Devices consciously, including keeping up to date anti-virus software installed on them. The Service Provider shall be liable for damage to the Access Devices or the software contained therein, and for the loss of the User’s data on the Access Device as a result of using the Application only and exclusively if the damage results from the sole fault of the Service Provider or the Software Producer.
9. If any part of these GTU is recognized by a court or other authorized body as invalid, the remaining parts of these GTU will still be considered as valid and shall fully bind the parties.
10. The Service Provider reserves the right to change these GTU and the method of using the Application after notifying the Users on the website; the Service Provider enables the User to access User GTU at any time from the Application level.
11. Within 5 days from notifying the Users about the change in the User GTU, the User has the right to report the non-acceptance of these changes to the Service Provider. The statement should be submitted in writing to the address of the registered office of the Service Provider or to the e-mail address provided on the website of the Service Provider. Delivery of such a statement automatically terminates the right to use the Application by the User and blocks its User Account.

II. COMPLAINTS

1. All the issues and comments in relation to the operation of the Application may be reported by the User by sending the notification to the e-mail address provided in the Application.
2. Complaints will be processed by the Service Provider within 14 days from the date of filing the complaint, however, the right to lodge a complaint will not be due if more than 30 days have passed since the date on which the event being the basis of the complaint occurred. In situations in which the cooperation of the Service Provider with third parties (e.g. Payment Operators, Partners, etc.) is needed to resolve the matter, the deadline for handling the complaint may be extended up to 30 days.

III. DETAILED TERMS OF USE OF THE APPLICATION BY THE USER

1. The prerequisite for using the Application features by the User is: (i) reporting the User by the Program Organizer as a subject authorized to participate in the Program as a Program Participant, (ii) launching the Application through the Access Device, (iii) accepting the User’s GTU and (iv) meeting the technical terms necessary to use the Application. Persons who do not meet the above conditions are excluded from the possibility of using the Application.
2. As a result of the use of Application features related to the e-commerce area by the User, there are no agreements for the provision of services or the sale of goods between the Service Provider and the User. Such relationship exists between the User and the Partner (In certain situations the Service Provider may also act as a Partner). Use of the Application by the User in order to ensure the possibility of using the Partner’s services or providing the opportunity to purchase goods from them guarantees full or partial payment of remuneration for these services or goods of the Partner up to the amount of the User’s funds in the Program in which he/she participates (ultimately granted by the Program Organizer and those constituting only the promise of the Program Organizer) that can be distributed by the User, as the Program Participant, at the time of using the service or purchasing the product. These funds are kept by Service Provider as a trustee and Service Provider is responsible for transferring them to the Partner on behalf of the User. The process of purchasing services or goods by the User is a bilateral activity between the User (acting as the Program Participant) and the Partner. The Program Organizer may at any time change or reset the amount of funds – constituting only the promise of the Program Organizer, that are under Program Organizer’s management, and that are detailed above. In case the Program Organizer resigns from using the Program, the User, as a Program Participant, will be notified of such fact immediately.
3. The Service Provider does not charge the User with any fees for the use of the Application, as well as for the possibility to use the Partners services or for the purchase of goods from them via the Application. The use of the Application, however, requires the availability of other services that the User is solely responsible for (in particular Internet connection) and the availability of an efficient Access Device.
4. Settlement of the service provided by the Partner to the User (acting as the Program Participant) or sale of goods by the Partner is carried out on the basis of regulations and price list of services or goods of a given Partner, that is made available to the User directly before using the service or purchasing goods, regardless of the form of this access.
5. The fee (in whole or in part – depending on the User’s instructions) for the service or goods is collected from the User (as the Program Participant) by the Partner via the Application. The Service Provider in cooperation with Partners may introduce different systems of cashless settlement between Partners and Users. In order to pay for the service or goods to the Partner via the Application, the User may also use the systems of external Payment Operators made available in the Application.
6. If the balance of the User’s (acting as a Program Participant) funds in the Program does not allow, in whole or in part, for the purchase of goods or services from the Partner, the User may, with the use of external Payment Operators systems pay extra for the purchase from own resources. If such funds are not fully used during the purchase, the remaining part may be returned to the User at his/hers request or the User may use them through other features of the Application.
7. The Application enables the User to use granted or promised funds exclusively in reference to Service Provider’s Partners.

IV. OBLIGATIONS OF THE USER

1. The User is obliged to provide its personal data in a truthful and complete manner. The User is obliged to update these data immediately after the change occurs, without any request from the Service Provider. Providing accurate information is necessary for the correct provision of services. User’s personal data provided to the Service Provider  are never transferred to the Program Organizer. It is a separate data filing system, to which the Program Organizer does not have access.
2. The User may not enable third parties to access its accounts in the Application. The User is solely responsible for the confidentiality and security of its account. The User is obliged to immediately inform the Service Provider about unauthorized use of its account by third parties.

V. LIABILITY OF THE SERVICE PROVIDER TOWARDS THE USER

1. The Service Provider is not liable for any damages incurred by the User or third parties as a result of using the Application, as well as for damages incurred by the User or third parties in connection with their violation of the applicable GTU. In particular, the Service Provider shall not be liable for damages resulting from the use or inability to use the Application, lost profits of the User, damages resulting from loss or modification of the User’s data or any other damages resulting from non-compliance with the GTU.
2. The Service Provider’s liability towards the User (regardless of the basis on which it emerged) is always limited to the value of actual damage.
3. The Service Provider is not liable for the quality or correctness of the work performed by the User’s Program Organizers in the Application.
4. The Service Provider is not liable for the quality or correctness of the services provided by the Partners and the quality of the goods they sell.
5. The Service Provider is not liable for the contents of Partners and Program Organizers, as well as the offer placed by Partners in the Application and, except for the cases of obvious violation of law or good customs, does not interfere with them.

VI. RULES ON PROCESSING OF PERSONAL DATA

1.The Service Provider and the User are obliged to comply with the provisions of the Applicable Law, in particular the Data Protection Law.

2. The Service Provider ensures proper protection of the User’s personal data. All personal data provided by the User will be collected, stored and processed in accordance with the provisions of the Data Protection Law.
3. In order for the User to be able to use the Application properly, the Service Provider may process geolocation data and make them available to Partners who are to provide services or offer goods to him/her.
4. The Service Provider will process and share the User’s personal data that is necessary to enable the use of the Partners’ services or purchase goods from them and to settle them, only for the proper performance of contracts concluded by the Service Provider with Partners. This type of data regarding the Use and use of the Application are, in particular, features that allow for the identification and settlement of the User by specifying the start and end time of using the Application and the scope of a given use.
5. Detailed information regarding the processing of personal data is included in the Privacy Policy, which is an integral part of the GTU.

 

This document applies from 25/05/2018.

The update of the document is valid on UK market from 26/05/2021.