These terms and conditions of a Refer-A-Friend Program (hereinafter referred to as the “Terms”) apply to Packhelp’s Refer-A-Friend Start Program as well as Refer-A-Friend Reach Program (hereinafter referred to as the “Program”). By participating in the Program, you agree to be also bound by Packhelp’s Privacy Policy and Terms of Service.
Please read the following provisions carefully, as they contain the conditions governing the participation in the Program. In addition, please read our Privacy Policy and Terms of Service. If you do not accept these Terms, Privacy Policy and/or Terms of Service you may not participate in the Program.
Please note that you are prohibited from providing unlawful content or using the links and websites made available to you during the Program in a way that disrupts or prevents its functioning.
Shall you have any questions, comments or concerns, in particular regarding participation in the Program, or in case of technical problems, please contact us by e-mail at: [email protected].
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DEFINITIONS
- The following capitalized terms employed in these Terms shall have the meaning set out below (with references to the singular also denoting the plural and vice versa):
- “Amazon Code” means a code in the Refer-A-Friend Reach Program consisting in a discount code of 50 (fifty) EUR value, or other value as indicated, to use in Amazon’s online store available at https://amazon.de, which a Referrer receives if an Order Completion occurs; for avoidance of any doubts Referrer shall not be able to receive Amazon Code to be used in other Amazon regions; amendment of Amazon Code value shall not constitute amendment of these Terms;
- “Business Day” means every day of the week other than Saturdays, Sundays, with exclusion of statutory holidays in accordance with the laws of the Republic of Poland;
- “Form” means a form available at a Form Page, accessible to a Referrer under Form Link, sent to a Referrer in a Participation E-mail, effective filling in of which determinates participation in the Program;
- “Form Link” means an active link to a Form Page, sent to a Referrer in a Participation E-mail;
- “Form Page” means a website including a Form, accessible to a Referrer under Form Link, sent to a Referrer in a Participation E-mail;
- “Friend” means a person being referred by the Referrer, who has not yet placed any orders with us;
- “Invite” means an invite to participate in the Program, sent to a Friend, upon effective filling in of the Form by a Referrer, including in particular a Referrer’s name, a Promo Code as well as indication when the code expires and will no longer be valid;
- “Notice” means a notice on underuse of a Promo Code by a Friend, sent to a Referrer;
- “Order Completion” means effective placement of an order for Packhelp’s products by a Friend using the Promo Code as well as making a payment for such order - without any cancellation and/or rescinding; for avoidance of any doubts making a payment shall also mean debiting of a Friend’s bank account with an appropriate order price;
- “Packhelp” means Packhelp spółka z ograniczoną odpowiedzialnością, a limited liability company, incorporated under the laws of Poland, with its registered seat in Piaseczno, at Julianowska 61, 05-500 Piaseczno, entered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XIV Commercial Department, under KRS number 0000587640, having tax identification number NIP: 1231308129 and REGON statistical number: 362932312, with a share capital of PLN 26.450,00; hereinafter also referred to as “we”, “us”, “our”;
- “Participation E-mail” means an e-mail sent to a Referrer inviting Referrer to participate in the Program, including in particular a Form Link and indication of Program’s version Referrer is invited to participate in – either Refer-A-Friend Start Program or Refer-A-Friend Reach Program;
- “Privacy Policy” means a document governing security of privacy protection and the processing of a personal data by the Packhelp available at this address https://packhelp.com/privacy_policy;
- “Program” means this Refer-A-Friend Program, consisting in two versions: Refer-A-Friend Start Program and/or Refer-A-Friend Reach Program;
- “Program Participant” means respectively a Referrer and/or a Friend;
- “Promo Code” means respectively a discount code of 50 (fifty) EUR or 100 (hundred) EUR, or other value as indicated, - depending whether a Friend participates in Refer-A-Friend Start Program or Refer-A-Friend Reach Program – which a Friend receives to use while placing his first ever EUR priced order with Packhelp; amendment of Promo Code value shall not constitute amendment of these Terms;
- “Refer-A-Friend Start Program” means version of this Refer-A-Friend Program, in which a Friend receives a Promo Code of 100 (one hundred) EUR value or other value as indicated;
- “Refer-A-Friend Reach Program” means version of this Refer-A-Friend Program, in which a Friend receives a Promo Code of 50 (fifty) EUR value, or other value as indicated, and a Referrer receives an Amazon Code;
- “Referrer” means our client - a person who has already placed orders with us – referring his Friend to the Packhelp via the Program in accordance with these Terms, invited to participate in the Program based in particular either on: (i) number of such client’s orders already placed with Packhelp; and/or (ii) value of such client’s orders already placed with Packhelp; and/or (iii) date when orders of such client were placed with Packhelp; and/or (iv) country of residence of such client;
- “Terms” means these terms and conditions of a Refer-A-Friend Program;
- “Terms of Service” means Packhelp’s terms of service available at this address: https://packhelp.com/terms_of_service/;
- “Written Form” means also e-mail messages clearly specifying the name of the sender and recipient, unless the Terms state otherwise;
- As used in these Terms, unless the context indicates otherwise:
- a reference to a “person” shall denote a natural person, a legal person, or an unincorporated organizational unit;
- a reference to a “clause” shall denote the clauses of these Terms;
- the headings of the individual paragraphs of these Terms are for the convenience of reference only and remain without relevance to the interpretation hereof.
- If, in accordance with these Terms, a day on which a particular act shall be effectuated falls on a day which is not a Business Day, such act shall effectuated on the first Business Day after that day.
- Save where specifically required or indicated otherwise, references to the word “include” or “including” (or any similar term) are not to be construed as implying any limitation, and general words introduced by the word “other” (or any similar term) shall not be given a restrictive meaning by reason of the fact that they are preceded by words indicating a particular class of acts, matters or things.
- Any references to obligations to “cause” or “procure” are references to guarantee-like obligations, whereby a given person undertaking such an obligation is responsible for the occurrence or non-occurrence of a specific result, regardless of any fault attributable to such person or a loss it has incurred.
- Any references to “breach” shall denote references to failure to perform, or improper performance of, any of the obligations under these Terms; and the verb “to breach” shall be understood accordingly.
- The following capitalized terms employed in these Terms shall have the meaning set out below (with references to the singular also denoting the plural and vice versa):
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PARTICIPATION IN THE PROGRAM
- In order to participate in the Program, a Referrer shall receive a Participation E-mail from the Packhelp, which shall include a Form Link, as well indication whether a Program Participant participates in a Refer-A-Friend Start Program or Refer-A-Friend Reach Program. Referrers of an even ID client number shall participate in Refer-A-Friend Start Program, whereas referrers of an odd ID client number shall participate in Refer-A-Friend Reach Program.
- If the Program be still at force and the Program Participant is still entitled to participate in the Program, a Referrer may decide to refer a Friend and use a Form Link at any time, as a Form Link shall be active indefinitely. Form Page is only accessible from a Form Link included in Participation E-mail.
- Referrer is entitled to refer only 1 (one) Friend during the Program.
- In order to refer a Friend, upon activation of the Form Link, the Referrer shall be immediately redirected to a Form Page, where the Referrer shall provide the following information by filling in the Form:
- Referrer’s name;
- Friend’s e-mail address.
- Shall the Referrer fill in the Form as well as check dedicated boxes included on the Form Page, an Invite, including a Promo Code shall be immediately sent to a Friend.
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USE OF PROMO CODE
- Promo Code shall be valid 1 (one) month since its receipt by a Friend. Friend shall be entitled to use a Promo Code no later than within 1 (one) month since its receipt, upon lapse of which the Promo Code becomes invalid.
- If the Promo Code is not used by a Friend within 1 (one) month and becomes invalid, a Referrer shall receive a Notice, including a new Form Link. Referrer shall be entitled to refer the same Friend once again or a new Friend by filling in a Form, upon which an Invite, including Promo Code shall be immediately sent to such Friend. Clause 3.1 shall apply accordingly.
- If the new Promo Code, sent in accordance with Clause 3.2 above, is not used by a Friend within 1 (one) month and becomes invalid, a Referrer shall not receive a new Form Link and shall not be entitled to refer such Friend once again.
- For the avoidance of any doubts, shall a Friend use Promo Code within timeframe indicated in Clause 3.1, a Referrer will not be able to refer such Friend once again or any other Friend.
- Promo Code may be used by a Friend only once for placement of a Friend’s first ever EUR priced order with Packhelp.
- Shall a Friend receive Invites from multiple Referrers, a Friend may choose to use only 1 (one) Promo Code.
- For order placement a Friend does not have to use an e-mail address indicated by a Referrer.
- Placement of orders by a Friend with use of Promo Code shall be governed by the Terms of Service.
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AMAZON CODE
- If a Referred participates in the Refer-A-Friend Reach Program, a Referrer shall receive a dedicated e-mail including an Amazon Code, no later than 10 (ten) Business Days after an Order Completion occurs.
- Amazon Code shall be valid 1 (one) year since its receipt by a Referrer. Referrer shall be entitled to use an Amazon Code no later than within 1 (one) year since its receipt, upon lapse of which Amazon Code becomes invalid.
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PROGRAM DURATION
- The Program is introduced at Packhelp for an indefinite period of time, however Packhelp may at any time discretionary decide to end the Program .Subject to Amazon Codes, which may be executed in accordance with the Clause 4.2 above, all Participation E-mails, Form Links, Invites, as well as Promo Codes shall become invalid and may no longer be executed, shall the Packhelp decide to end the Program.
- The Packhelp may at any time discretionary decide to exclude Program Participant from the Program, in particular if a Program Participant breaches or in any way infringes these Terms, Privacy Policy and/or Terms of Service. Subject to Amazon Codes, which may be executed in accordance with the Clause 4.2 above, all Participation E-mails, Form Links, Invites, as well as Promo Codes concerning such Participant shall then become invalid and may no longer be executed.
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LIABILITY
- The Packhelp is liable under these Terms, only if the Packhelp is at fault. Liability of the Packhelp, including his agents, employees, subcontractors and suppliers in relation to any claims arising from the performance or non-performance of these Terms shall not cover compensation for lost profits (lucrum cessans) and/or accidental or secondary damage of any kind. Moreover, the Packhelp shall not be liable for any claim under these Terms:
- to the extent that the Program Participant and/or any other person associated with the Program Participant received or was authorized to receive any compensation from a third-party, including under any business insurance policy;
- to the extent that the loss has been caused or compounded by acts or omissions by the Program Participant and/or any other person associated with the Program Participant and/or by any third party acting upon instructions given by the Program Participant.
- Under no circumstances shall the Packhelp be liable to the Program Participant or any other person associated with the Program Participant for any direct, indirect or any other damages resulting from the use of the Packhelp website or other related websites. Exclusion of the liability referred to in the preceding sentence shall include any losses due to a break in business operations, loss of programs or other data associated with servicing IT system or occurring in any other way, even if the Program Participant and the associated person had been clearly informed about the possibility of such damages.
- The Packhelp shall not be liable for any losses, damages, costs or expenses (including lost profits) resulting directly or indirectly from non-performance or delay in performing any obligations under these Terms due to any event or circumstances beyond the Packhelp's control, including strikes, protests, power or equipment failures, government actions or force majeure.
- For avoidance of any doubts, it is up to the Program Participant to take all necessary precautions to ensure that the used equipment and/or selected software are free of such elements as viruses, computer worms, Trojan horses and other destructive programs.
- The Packhelp is liable under these Terms, only if the Packhelp is at fault. Liability of the Packhelp, including his agents, employees, subcontractors and suppliers in relation to any claims arising from the performance or non-performance of these Terms shall not cover compensation for lost profits (lucrum cessans) and/or accidental or secondary damage of any kind. Moreover, the Packhelp shall not be liable for any claim under these Terms:
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INTELLECTUAL PROPERTY
- Unless stated otherwise, the Packhelp holds the copyright to all content contained in all the websites and links made available during the Program. The content includes, in particular text, graphics, logos, audio clips, trademarks, software. All rights to such content are reserved. Any changes made to the content on the website by a third party constitute a breach of the Packhelp's copyright. In addition, the Packhelp websites and links may contain further information about intellectual property rights and copyrights, the terms of which must be observed by a Program Participant.
- No information contained in these Terms and/or on the websites and links made available during the Program shall be interpreted as: (i) granting, whether directly, by implication or otherwise any license or any right to use the websites, links, its content or any information displayed on it; (ii) transfer whether directly, by implication or otherwise of any rights to the websites, links, its content or any information displayed on it.
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AMENDMENTS TO THE TERMS
- The Packhelp may introduce amendments to these Terms at any time due to material legal reasons (ex. amendments of applicable law provisions) and/or due to technical reasons (ex. modernization of the Packhelp’s websites infrastructure).
- Program participants shall be notified of amendments to these Terms 7 (seven) days before the amended of Terms enters into force:
- via an e-mail sent; and/or
- in a message made available on the Packhelp’s homepage.
- Amended Terms are considered to be accepted if a Program Participant has not resigned from participation within 7 (seven) days since receiving a notification on the Terms amendment.
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ASSIGNMENT
- Neither of the Program Participants may transfer any or all of their rights and obligations hereunder onto any third party without prior written permission of the Packhelp.
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GOVERNING LAW AND RESOLUTION OF DISPUTES
- This Terms are governed by Polish law; all provisions hereof shall be interpreted in accordance with Polish law.
- Any disputes arising out of or related to these Terms, including any question regarding its existence, validity or termination, shall be settled by the Polish common courts having jurisdiction over the Packhelp’s registered office.
- This Program and its Terms shall not be deemed or in any way considered a game of chance nor a mutual bet, outcome of which depends on coincidence and/or is influenced by any kind of randomizing - within the meaning of Polish Act of 19 November 2009 on games of chance (Journal of Laws – Dziennik Ustaw of 2019 poz. 847, 1495).