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PARTNER PROGRAM TERMS AND CONDITIONS

Section 1. Definitions

  1. Organiser – the owner of the www.bitcoinwidget.pl website – ARI10.WIDGET sp. z.o.o. with its registered office in Poznań at ul. Boźnicza 15/6, 61-751 Poznań, NIP [Polish Taxpayer ID no.]: 7831815085, REGON [Polish Business ID no.]: 38589473700000 entered in the Register of Entrepreneurs kept by the Poznań – Nowe Miasto District Court in Poznań, 8th Commercial Division of the National Court Register under the following KRS [National Court Register] number: 0000837123
  2. Partner – a natural person, a legal person or another organisational unit without legal personality, to which the law grants legal capacity, having full legal capacity, who meets the terms of the Terms and Conditions and intends to publish the Widget received from the Organiser as part of the Partner Program on their website
  3. User – a person who carries out a transaction of purchase of virtual currency through the Widget provided by the Partner in accordance with the provisions of the Terms and Conditions
  4. Bitcoinwidget.pl system – website operated by the Organiser, available at www.bitcoinwidget.pl, allowing the Partners to join the Partner Program
  5. Partner Program – a program under which the Partner undertakes to make the Widget received from the Organiser available on its websites under the terms specified in the Terms and Conditions
  6. Account – part of the virtual space of the Bitcoinwidget.pl system intended for the exclusive use of the Partner, where the Partner’s data and activities under the Partner Program are stored
  7. KYC (Know Your Customer) – the process of obtaining personal data and verifying identity as part of the Account creation process
  8. Widget – a tool for purchasing virtual currencies made available to the Partner by the Organiser in order to enable the Partner to fulfil its rights and obligations resulting from the Partner Program
  9. Terms and Conditions – these Terms and Conditions

Section 2. General provisions

  1. The Terms and Conditions specify the principles of cooperation between the Organiser and the Partner, in particular the principles of using the Bitcoinwidget.pl system, rights and obligations of the parties and the principles of remuneration as part of the Partner’s participation in the Partner Program.
  2. If the Partner is a natural person not running a business, the Partner Program may only be used by a person who is at least 18 years of age.
  3. Entering the Partner Program requires creation of an Account together with the accompanying KYC procedure and the Partner’s acceptance of the Terms and Conditions.
  4. All property, copyright or intellectual property rights, in particular the rights to the name and the domain name, used within the Partner Program belong to the Organiser, and may be used only in the manner specified and in accordance with the Terms and Conditions.
  5. In order to use the Bitcoinwidget.pl System, the Partner must meet the following minimum technical requirements, such as:
    • a device – enabling access to the Internet, equipped with a functioning operating system, e.g. Android, IOS, Linux or Windows – with the current version of a web browser installed – providing access to Internet resources, such as: Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome, or other compatible one, and
    • an active e-mail account.

Section 3. Account creation, Partner verification

  1. Joining the Partner Program requires, among other things, registration, which consists of creating an Account, positive verification of the Partner by the Organiser and a declaration that the Partner is familiar with and accepts the Terms and Conditions.
  2. Registration with Bitcoinwidget.pl is free and voluntary.
  3. The agreement between the parties is concluded for an indefinite period.
  4. If the Partner is an entrepreneur, in order to register and create an Account, it is obliged to provide the following data in the registration form:

    • first and last name
    • email address
    • telephone number
    • company name
    • company registered office
    • NIP [Tax Identification no.]
    • REGON [Business Identification no.]
    • actual beneficiaries
    • KRS [National Court Register] excerpt (in case of commercial companies and partnerships) or current information from CEIDG excerpt (in case of natural persons)
    • the address of the website(s) on which the Partner intends to publish the Widget.

  5. If the Partner is a natural person not running a business, in order to register and create an Account, he/she is obliged to provide the following data in the registration form:
    • first and last name
    • email address
    • telephone number
    • place of residence
    • the address of the website(s) on which the Partner intends to publish the Widget.
  6. The Partner is fully responsible for the correctness and accuracy of the data referred to in paragraph 4 and 5 of the Terms and Conditions. At the same time, the Partner declares that the data provided by him during the registration process is true and up-to-date.
  7. In case of change of the data referred to in paragraph 4 or 5, the Partner is obliged to immediately update the data in the Bitcoinwidget.pl System.
  8. When registering an account, the Partner creates an access password. The Partner is obliged not to disclose the access data to its Account to any third party.
  9. The registration process is completed after positive verification of the Partner by the Organiser. For verification purposes, the Organiser reserves the right to contact the Partner by phone or e-mail.
  10. Partner verification includes the data provided by the Partner in the registration process, including the website(s) indicated by the Partner in the registration form where the Widget is to be published.
  11. The Partner’s website, in order to join the Partner Program, must not contain content that is unlawful, contrary to morality or the rules of social conduct, content that violates the personal rights of third parties, images or content that is in any way obscene, pornographic, threatening, abusive, unlawful, hateful, harmful, harassing, racist, discriminatory or in any way violates the copyright or other intellectual property rights of third parties.
  12. Upon completion of registration, the Partner shall receive a dedicated Widget and an agreement shall be concluded between the Partner and the Organiser for the provision of services under the Partner Program under the terms and provisions set out in the Terms and Conditions (“Agreement”).
  13. The Partner may have only one Account in the Bitcoinwidget.pl System, with the provision that he may assign more than one website on which the Widget will be published to one Account, provided that after verification the Organiser will agree to additional website(s).

Section 4. Termination of the Agreement

  1. The Partner is entitled to terminate the Account in the Bitcoinwidget.pl System at any time.
  2. Upon termination of the Account with the Bitcoinwidget.pl System:
    • the Agreement concluded between the parties shall be terminated immediately
    • The Partner shall lose the right to remuneration for services rendered within the framework of the Partner Program which occur after the date of Account termination.
    • Partner loses the right to continue to provide services under the Partner Program; Violation of the obligation referred to in this Section 4(2c) constitutes a breach of the Terms and Conditions and shall result in Partner being held accountable.
  3. The Organiser is entitled to terminate the Agreement and terminate the Partner’s Account, after having requested the Partner to properly fulfil his rights and obligations, if:
    • Partner violates the provisions of the Terms and Conditions, in particular those specified in Section 7(2) of the Terms and Conditions
    • the Partner’s action is contrary to the law, decency or rules of social coexistence
    • has reasonable doubt as to the accuracy or timeliness of the data provided by the Partner at the time of registration
    • the Partner’s website or its marketing communications, in particular social media, are used to distribute content that is prohibited by law, viruses or other illegal content
    • The Partner has no legal title, or has lost its legal title, to the website on which it has placed the Widget, or has installed the Widget on a website other than the one specified on the registration form, without first informing the Organiser of this fact in writing, and obtaining its written consent in writing
    • The Partner publishes the Widget in a manner contrary to the instructions of the Organiser and fails to remedy this contradiction despite the Organiser’s request to do so.
    • Partner creates more than one Account
    • The Partner makes the Widget available to another third party in breach of the Terms and Conditions

Section 5. Subject Matter of the Agreement

  1. The Partner publishes the Widget on the website (or websites) indicated on the registration form, in the manner indicated in the instructions of the Organiser.
  2. Services or Widget content are subject to updates – the Organiser can manage, modify or delete them. The Organiser conducts technical breaks, during which changes are made to the Widget or the Bitcoinwidget.pl System. The Organiser shall not be liable for any actions referred to in this Section 5(2) of the Terms and Conditions or similar actions taken to ensure the Widget works properly or resulting from errors or technical failures. The Partner shall be informed by the Organiser about planned modifications or technical interruptions by a separate message if possible.

Section 6. Remuneration

  1. The Partner will be remunerated for the correct performance of its obligations under the Partner Program.
  2. The Partner is entitled to remuneration when the following conditions are jointly met, i.e:
    • Partner will publish the Widget on the website specified in the registration form – in a manner consistent with the Terms and Conditions and the instructions of the Organiser
    • The User executes a purchase transaction of a virtual currency via the widget provided by the Partner
    • The transaction referred to in Section 6(2b) of the Terms and Conditions shall be paid by the User in the amount indicated in that transaction, and the funds paid under a particular transaction will not be blocked, seized, withheld, frozen or otherwise secured in the manner specified in the Terms and Conditions for the use of the widget, including by judicial authorities, in particular under the provisions on the prevention of money laundering and terrorist financing of Act of 1 March 2018.
  3. The Partner shall receive commission remuneration in the amount corresponding to 40% of the value of transactions concluded by Users with the use of the Widget for the purchase of virtual currencies, provided that all the conditions specified in Section 6(2) of the Terms and Conditions are met. The remuneration referred to in the previous sentence shall be paid less the costs of the payment intermediary.
  4. The remuneration is paid to the Partner in PLN in the amount indicated in the bitcoinwidget System in the “Payments” tab, presenting the remuneration including VAT (gross)
  5. The remuneration for the Agreement concluded between the parties under the Partner Program may be settled at any frequency selected by the Partner, including daily.
  6. It is possible to pay the Partner on the basis of a VAT invoice. When the Partner joins the Partner Program, the Partner is obliged to inform the Organiser about his willingness to pay remuneration on the basis of the VAT invoice reflecting the remuneration from the previous month or any other period chosen by the Partner. The deadline for payment of remuneration by the Organiser on the basis of a VAT invoice shall be 14 days from the moment of placing a correctly issued invoice in the bitcoinwidget.pl System.

Section 7. Rights and Obligations

  1. The Organiser shall have the right to monitor the Partner’s website used to publish the Widget, the presentation of the Widget on the Partner’s website and also to control the actions of Users generated through the Widget – for compliance with the Terms and Conditions.
  2. All activities not expressly permitted in the Rules and Regulations are prohibited, in particular:
    • placing on the website on which the Widget is published, in particular, content that is unlawful, contrary to morality or the rules of social coexistence and content that violates the personal rights of third parties, images or content that is in any way obscene, pornographic, threatening, abusive, unlawful, hateful, harmful, harassing, racist, discriminatory or in any way violates the copyright or other intellectual property rights of third parties.
    • generating artificial traffic,
    • sending unsolicited commercial information to Users,
    • taking any action that may directly or indirectly contribute to an unfair increase in the Partner’s remuneration,
    • conducting an aggressive advertising campaign, i.e. one that may constitute an act of unfair competition or one that misleads as to the possibility of making a profit and may thereby influence the decision to avail oneself of a service
    • modifying the Widget provided by the Partner Program Agreement
    • spreading unfavourable or damaging information about the Organiser or information that the Partner cooperates with the Organiser. The Partner is not entitled to make declarations of will or knowledge on behalf of the Organiser.
    • placing the Widget on a website other than the one specified by the Partner in the registration form
    • adding or modifying content on the website submitted in the registration form without the written consent of the Organiser
  3. With reference to the Partner who is not a consumer in the meaning of Article 221 of the Civil Code, in case of violation of the provisions of the Regulations specified in Section 7(2), the Organiser, apart from the right specified in Section 4(3) of the Terms and Conditions, i.e. termination of the Account, shall be entitled to impose the contractual penalty in the amount of five times of the average value of Partner’s remuneration specified in Section 6(3) of the Terms and Conditions, falling for three months immediately preceding the date of imposing the penalty in question. The reserved contractual penalty referred to in the previous sentence shall not exclude the possibility to claim, on general terms, compensation exceeding the contractual penalty.
  4. The Partner agrees to place on the website or websites on which the Widget is published, the analytical tools provided by the Organiser in order to analyse the actions taken by the Users, through the statement of acceptance of the Terms of Service on the website of the Bitcoinwidget.pl System.
  5. The Organiser shall make available to the Partner, on a case-by-case basis, statistics on the successful transactions of Users constituting the basis for the payment of remuneration. The Partner shall provide the Organiser with a list of persons who have completed the transaction by redirecting from the Widget placed by the Partner on its website. This list will include anonymised e-mail addresses of the aforementioned Persons and information on the amount of commission resulting from the User’s transactions.

Section 8. Liability

  1. It is the responsibility of the Partner to publish the Widget on the Website to the extent that the publication of the Widget is not in accordance with the Organiser’s instructions.
  2. The Organiser does not guarantee that the Partner will receive remuneration in a specific amount under the Partner Program. The Organiser makes no representation as to the effect of the publication of the Widget or the expected results.
  3. The Organiser is not responsible for the Partner’s use of the Bitcoinwidget.pl System in a manner inconsistent with its intended use or inconsistent with applicable law.
  4. The Provider is not liable for actions or omissions of the Partner or a third party that result in the failure of the User to purchase virtual currencies, in particular due to technical problems or faults of the Partner’s website or for modifications or suspension of the publication of the Widget.

Section 9. Copyrights

  1. The Organiser owns the rights to the Widget service and all content posted on the Bitcoinwidget.pl System, in particular photographs, descriptions, signs and graphic elements, software, graphics, code, user interface, text, layout and other works found on the Bitcoinwidget.pl System. or receives licenses for them from third parties. The Partner may not use the Widget service and the content referred to in this Section in any manner other than that set out in the Terms of Service and the Organiser’s instructions on how to publish the Widget, unless the Organiser has given the Partner express and prior written consent.
  2. As part of the Partner Program, the Organiser grants the Partner, for the duration of the Agreement, a personal right – a “licence” – to use the services and content of the Widget made available to the Partner individually – under the terms set out in the Terms and Conditions. The licence is non-exclusive, limited to the Partner’s personal use, non-transferable and without the right to sub-license. The grant of a license does not confer any interest, right or other title in or to the Widget, the Widget services or the Widget content, which shall remain the property of the Organiser. The licence may be suspended or cancelled in the situation specified in Section 4(3) of the Terms and Conditions.
  3. Upon termination of the Agreement, the Partner shall return any content provided by the Organiser and remove it from the website where the Widget was published.

Section 10. Complaints

  1. The Partner may submit complaints regarding the functioning of the Bitcoinwidget.pl System as described in the Terms and Conditions
  2. A claim can be submitted by e-mail to: [email protected] or by sending it by registered mail to the following address: ARI10.WIDGET Sp. z o.o. ul. Bóżnicza 15/6 , 61-751 Poznań.
  3. The claim should include at least:
    • name and e-mail address under which the Partner appears on the Bitcoinwidget.pl System
    • description of the functionality concerned or other circumstances justifying the complaint,
    • as well as the Partner’s specific request related to the complaint.
  4. Claims are dealt with within 15 working days of receipt of a complete and correctly submitted claim with a detailed description. The Partner will be informed of the handling of the claim by e-mail sent to the address specified in the claim or to the correspondence address specified in the claim submitted by registered mail. In justified cases, the deadline for handling a complaint may be extended, but it shall not exceed 35 working days.

Section 11. Personal Data Protection

  1. The Data Controller is ARI10.WIDGET Sp. z o.o. with its registered office in Poznań, ul. Bożnicza 15/6 , 61-751 Poznań, NIP [Polish Taxpayer ID no.]: 7831815085, REGON [Polish Business ID no.]: 38589473700000 entered in the Register of Entrepreneurs kept by the Poznań – Nowe Miasto District Court in Poznań, 8th Commercial Division of the National Court Register under the following KRS [National Court Register] number: 0000837123.
  2. The Partner may contact the Organiser for information at: [email protected]
  3. The Organiser guarantees the Partner’s right to privacy. The Partner’s personal data shall be processed in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (Official Journal of EU of 2016, item L119) and the Act of 10 May 2018 on the protection of personal data.
  4. The Bitcoinwidget.pl System performs the functions of obtaining information about the Partner and their behaviour by:
    • entering data in forms
    • identification and verification of the Partner’s identity according to the Terms and Conditions of the widget
    • storing cookie files in users’ devices
    • collecting web server logs and other information arising in connection with or as a result of the operation and use of the Service.
  5. Detailed information on cookie files and server logs can be found in a separate document.
  6. The Organiser processes the Partner’s personal data on the basis of Article 6(1)(b) of the GDPR in order to execute the rights and obligations resulting from the agreement, as well as on the basis of Article 6(1)(c) of the GDPR, when the processing is necessary for the fulfilment of legal obligation that is incumbent on the controller of personal data, and also on the basis of Article 6(1)(f) of the GDPR, i.e. the Organiser’s legitimate interest.
  7. In connection with the processing of data, the Organiser shall transfer personal data only to entities whose services it uses, which provide sufficient guarantees for the implementation of appropriate technical and organisational measures compliant with the principles of personal data processing under the GDPR. In order to properly execute the Agreement, the Partner’s personal data may be transferred to other entities connected by capital to the Organiser.
  8. As part of the Services provided, the Organiser uses the services of third parties. In particular within the scope of IT services connected with functioning of the Bitcoinwidget.pl System, concerning analyses and statistics of the Bitcoinwidget.pl System, audits or payments, within the scope of marketing, development or introduction of improvements to the Bitcoinwidget.pl System. In addition, the Organiser also uses the services of legal, debt collection or accounting firms.
  9. Partner’s personal data will not be transferred to a third country, except at the request of entities entitled to receive them under applicable law, including competent judicial authorities within the limits of applicable law.
  10. The Partner voluntarily agrees to the processing of his personal data for the purpose of receiving commercial information electronically in accordance with the General Regulation of 27 April 2016 on the protection of personal data and the Act of 18 July 2002. (Dz. U. [Polish Journal of Laws] no. 144, item 1204, as amended) on the provision of electronic services by means of a declaration on the website of the Bitcoinwidget.pl System. This consent may be withdrawn.
  11. In the cases and under the conditions specified in the General Regulation of 27 April 2016 on the protection of personal data and in the Act of 18 July 2002 on the provision of electronic services (Dz. U. [Polish Journal of Laws] of 2002, no. 144, item 1204, as amended), the Partner has the right to access the content of his/her data and the right to rectification, deletion, restriction of processing, the right to data portability, the right to object, the right to withdraw consent at any time without affecting the legality of the processing carried out on the basis of consent before its withdrawal.
  12. The Partner shall have the right to file a complaint with the supervisory authority when it decides that the processing of its personal data breaches the provisions of the general regulation on personal data protection of 27 April 2016.
  13. Under the General Data Protection Regulation of 27 April 2016, every person has the right to control the processing of data concerning them. At the request of the data subject, the Organiser shall, within 30 days, inform him/her in writing of his/her rights and provide information regarding his/her personal data. This right shall be granted to the person concerned not more often than once every 6 months.
  14. The personal data disclosed by the Partner will not be processed automatically, including any profiling.

Section 12. Final Provisions

  1. Terms and Conditions constitute an integral part of the Agreement concluded by the Organiser and the Partner.
  2. Should you have any questions about the operation of Bitcoinwidget.co.uk please send them to: [email protected]
  3. In matters not regulated in the Terms and Conditions, the relevant provisions of Polish law shall apply, in particular the relevant provisions of the Civil Code and, in the case of a Partner who is not a consumer as defined in Article 221 of the Civil Code, the provisions of the Act of 30 May 2014 on Consumer Rights (Dz. U. [Polish Journal of Laws] 2014, item 827) or other relevant acts of common law in Poland.
  4. The Agreement is concluded with the Partner on the basis of the Terms and Conditions in Polish, which is the prevalent language version of the Terms and Conditions; other language versions of the Terms and Conditions are for information purposes only
  5. The Partner, who is a consumer within the meaning of Article 221 of the Civil Code, in the case of a potential dispute with the Organiser has the possibility of using out-of-court ways of pursuing claims, i.e., for example: the help of municipal or district consumer ombudsman, help of consumer organisations, amicable consumer courts or mediation. For more information on out-of-court ways of pursuing claims, the Partner may visit the website of the Office of Competition and Consumer Protection, at the following address:
    https://uokik.gov.pl/sprawy_indywidualne.php,
    A list for the Partner’s locally competent consumer assistance institutions is available at the following address:
    https://uokik.gov.pl/kontakt.php.
  6. The law applicable to disputes arising in connection with these Terms and Conditions is Polish law. Any disputes arising between the Partner who is not a consumer as defined in Article 221 of the Civil Code and the Organiser shall be settled by the court having jurisdiction over the city of Poznań, and in other cases by a common court of competent jurisdiction.
  7. In order to terminate the Account, the Partner sends a statement of resignation from the services of the Bitcoinwidget.pl System via e-mail at the following e-mail address: [email protected]
  8. The Organiser reserves the right to amend the Terms and Conditions for important technical, legal and/or organisational reasons. The change of the Terms and Conditions becomes effective on the date indicated by the Organiser, not less than 7 days from the moment the amended Terms and Conditions are available on the website of the Bitcoinwidget.pl System. Previous provisions of the Terms and Conditions shall apply to actions undertaken by the Partner before the Terms and Conditions amendments came into force.
  9. The Terms and Conditions shall enter into force on: May 13th, 2021