Terms of Service - Gokano.com
I. General provisions
Meaning of the terms used in the Terms of Service:
- Terms of Service – this document, regulating the terms and conditions of usage of Gokano.com,
- Service – ran by the Operator, service Gokano.com, available at the domain www.gokano.com, which allows its registered Users to collect virtual points (GN) which can be exchanged for prizes. To use the service, one needs access to the Internet and to a web browser (Google Chrome, Safari, Internet Explorer, Opera, Mozilla Firefox) as well as an active e-mail address.
- Operator – the administrator of the Service is GOKANO Sp. z o.o. headquartered in ul. Kopernika 30/4B, 00-336 Warsaw, Poland. KRS: 0000441512 REGON: 146408305 [email protected]
- User – natural person meeting the conditions of the Terms of Service, who performer a confirmed registration in the Service and is allowed to take part in Service’s activities.
- GN Points – Service’s basic currency, serving the purpose of ordering prizes in Gokano.
- Prize – object offered in exchange for Points, as long as the Prize is marked as „Available”.
- Object – subject presented in the Service shop.
- Account – personal profile of the User in the Service. User has access to the Account by providing the e-mail address and password in the Service.
- Registration – procedure of creating an Account for the User. Proceeding through Registration is necessary to collect GN Points, inviting friends and exchanging Points for Prizes.
- Winner – User allowed to receive a Prize accordingly to the rules specified in the Terms of Service.
- Users of the Service need to meet following conditions – natural person, who is at least 18 years old with full legal capacity. Individuals who of the age of at least 13 and less than 18 are allowed to be Users of the Service only with parental consent which also means the User’s statement of being in possession of parental consent for performing actions in the Service. Legal guardians bear legal responsibility for the actions of the underage User, especially they bear the liability for damages for the Operator and third parties. Prizes and Objects are received in the name of the underage User by his legal guardians.
- Registration in the Service if free of charge. During the Registration process User’s Account is created. User is allowed to only have one Account. User is not allowed to use other User’s accounts nor to share his own Account to other parties. Accounts are inalienable.
- To perform the Registration, future User must fill in the registration form by providing certain personal data: first name, last name, birth date, address, phone number, e-mail address, login and password. Operator reserves the right to verify User data during and after the process of Registration. Operator is allowed to suspend the Account for the time of verification of the User’s data
- In case of changing the data after the process of Registration has been completed, User shall update the data as soon as possible by using the form available after logging-in to his Account. User is not allowed to provide inaccurate or incomplete personal data. User is not allowed to change the e-mail address and the login provided during the Registration process.
- Data provided in the form can only concern the individual filling the form. Operator does not bear legal responsibility for the inaccuracy of the data provided by the User. User bears legal responsibility on the account of the Operator for the effects of providing inaccurate data, especially the User is required to fix the damages done to the Operator caused by providing inaccurate data.
- During the process of Registration, Terms of Service is presented to the user in its current form. During the process of Registration, User accepts the Terms of Service in its current form. Accepting the Terms of Service is required to finish the Registration and to use the Service by the User.
- User is required not to share his Service Account password with third parties. Operator does not bear responsibility for the effects of sharing the password by the User with third parties or for User’s inadequate protection of the password from accessing it by third parties.
- A Registration confirmation with activation code will be sent to the e-mail address provided by the User during the Registration process. The Account is active when the activation link is accessed by the User.
- After confirming the Registration in the Service and providing the username and password, User gets access to his Account .
- In the moment of confirming the Registration in the service a legal agreement between the User and the Operator is signed concerning providing the services by the Operator on the conditions specified in the Terms of Service.
- By registering the Service, User agrees to receive commercial information on the e-mail address provided during the Registration, regarding commercial clients of the Service, allowing collection of Points in the Service.
- Operator reserves the right to deny Registration without providing the reason.
- III. Personal Data Protection
- By Registering in the Service, User allows the Operator to process User’s personal data provided during Registration.
- Providing personal data is voluntary. Providing personal data specified in pt. 3 of Terms of Service is necessary to make legal agreement between Operator and User concerning providing services.
- Operator provides that User personal data is used only for the purposes of realization of the agreement and – if the User allows it – for the purposes to inform about new products, services and promotions offered by Service.
- User personal data are not shared with third parties (doesn’t concern Operator’s duty resulting from current law regulations of sharing User personal data with authorized subjects.
- Every User of the Service has the right and possibility of accessing his data and correcting it. Every User can request removal of his personal data from the Service. Removing User’s personal data from Service’s database equals termination of this User’s account as well as termination of the agreement mentioned in pt. 11. Article XV regulations apply to Account termination when User has already placed an ordered in Service shop, which has not yet been completed – removal of personal data from Service database will be performed as soon as the order is completed.
IV. Account Types
- User can use STANDARD MEMBER and GOLD MEMBER accounts.
- To use STANDARD MEMBER account only completing the Registration is needed. GOLD MEMBER account is given to Users who invite 30 individuals to register in the Service.
- Users with GOLD MEMBER account obtain twice the amount of points for completing tasks, compared to STANDARD MEMBER accounts.
- Both STANDARD MEMBER and GOLD MEMBER accounts allow the User to access all available functions of Gokano.com service.
- In GOKANO service, GN Points are the domestic
- For STANDARD accounts, exchange rate for Points is in 1:1 scale.
- For GOLD accounts, exchange rate for Points is in 2:1 scale.
- User obtains Points for logging in to the Service. Independently from the amount of log-ins performed by single User during one day, Points for logging in to the system are awarded only once a day. To receive Points for logging in, one needs to click the GET DAILY GN button once logged in to the system.
- User can obtain Points for successful invitation of new Users to the Service through the INVITE FRIENDS tab available after logging-in in specific cases:
- 1 Points for STANDARD account, 2 Points for GOLD accounts are awarded at the moment, when invited User successfully completes the Registration process.
- User obtains Points for inviting friends daily log-ins to the Service and completing tasks or surveys in MISSIONS tab. Every User can take part in certain task or survey only once. The amount of Points to obtain is specified every time in the Service (excluding logging in, for which fixed amounts of Points is equal accordingly to account type – both STANDARD MEMBER and GOLD MEMBER).
- Operator guaranteed that Prizes and Objects offered in the Service are brand new, free from physical and law defects, which were legally placed in the Polish market.
- Operator is the owner of each and every Prize and Object.
- The list of prizes offered by the Service may change. Information about the Prizes is always up-to-date and accessible for a logged-in User.
- Operator reserves the right to verify personal data of the User authorized to collect the Prize by:
- Asking the User to send a copy of both sides of User’s ID or any other identification document by e-mail specified earlier by the Operator. In case of underage Users – copy of both sides of the ID or any other identification document of their legal guardian.
- Operator has the right to deny providing the Prize to the User if the verification of User’s personal data, specified in pt. 44 above shows falsity of personal data provided by the User during the Registration. In such case User loses the right to the Prize as well as the rights to any legal claims against the Operator.
- Operator guaranteed that the copy of User’s (or his legal guardian’s) ID only serves the purpose of verifying the personal data provided by the User during the Registration. Data contained in the IDs will be permanently removed as soon as the verification process is complete and will not be processed by the Operator (copies of the IDs will be destroyed).
VIII. Exchanging Points for Prizes
- Users can exchange Points for Prizes currently available in the Service in the Prizes tab.
- The list of currently offered Prizes is published in the service in Prizes tab.
- To collect the Prize: a) User needs to have GN Points in his account in the amount at least as high as the amount assigned to the certain Prize, b) currently offered Prize needs to be marked as Available in User’s panel.
- After successful exchange of GN Points for the Prize, User’s right to exchange Points is temporarily blocked for 120 minutes.
XI. Order realization, delivery
- Delivery of the Prizes is processed at the expense of the Operator.
- Together with the Prize and the Object bought in the Service store, a warranty document is sent if such warranty has been assigned to the Prize or Product.
- Sending the Object or Prize is realized through the courier company working with the Operator accordingly to the terms and conditions of delivery realization.
- Operator has 36 working days to send the Prizes and Objects bought in the Service store.
- Operator is not responsible for delays in delivery caused by courier company’s failure to comply with the agreement of delivery service as well as damages done to the package done by the courier company. Complaints regarding mechanical damages to the package done during transport will be reviewed only after preparing a damage report signed by both the User and the courier delivering the package.
XIV. Complaints regarding the Service
- User has the right to file a complaint in case the services described in this Terms of Service are not realized correctly by the Operator or are not realized accordingly to this Terms of Service.
- Complaint can be filed through e-mail address used to report technical problems, shown in the Service or by mail on this address: ul. Kopernika 30/4B, 00-336 Warsaw, POLAND. Complaint should contain a detailed description of the problem being the basis for this complaint and the username of the complaint. Complaint filed by mail should be signed by the User.
- Operator reviews the complaint in 14 days of receiving it in its proper form. If the complaint cannot be reviews in this time span, Operator will inform the User in writing about the reasons of the delay and the estimated time of completing the review.
- Complaint can be filed within 14 days of discovering the reasons being the basis for complaint.
- The answer to the complaint is sent to the e-mail address provided by the User in the Registration form. In certain cases, the answer may be sent by other means of communication.
- In case of violating the terms of complaint procedure, the complaint may remain not reviewed.
- Operator reserves the right to not answering to a User complaint if it results due to User’s lack of knowledge of Terms of Service.
- The right to pursue claims in court proceedings regarding services specified by Terms of Service only applies if other means of complaint procedures failed.
XV. Account Termination
- User may terminate his Account. In case of termination of the Account, Points gathered by the User are lost as well as the User’s rights to claims to the Operator. Account Termination proceeds accordingly to the procedure mentioned on User Account.
- Account termination is equal to termination of the agreement specified in pt. 11 of Terms of Service.
- Operator reserves the right to suspend or terminate Accounts of:
- Users breaking the Terms of Service.
- Users whose actions are harmful to the Service or other users.
- Users who are creating fake accounts in order to gain points
- Users inactive for 180 days.
- Extreme violations of Terms of Service: a) providing URLs to website in any part of the Service without Operator’s permission; b) performing actions automatically, by using programs, bots or any other IT means serving the purpose to bypass personal activity in the Service.
- Users acknowledge the fact that they understand and agree that violating the prohibition of using IT means mentioned in pt 122b will result in obligation of paying a penalty of $500 (five hundread US dollars) by the User on the account of the Operator.
XVI. Legal Responsibility
- Operator is obliged to make every effort to provide the highest quality of services provided through Service. Operator is bear legal responsibilities for breaks or interruption in functioning of the Service caused by:
- higher power,
- equipment and software failure, including server failure caused by reasons for which the Operator takes no responsibility
- User or third party actions violating Terms of Service or the purpose of the Service
- Other reasons being out of the control of the Operator, which he couldn’t prevented despite making every effort of providing the highest quality services.
- Operator does not bear legal responsibility for after-effects of breaks and interruptions in functioning of the Service caused by factors mentioned in pts. a-d above even if they lead to losing data from User Accounts, including losing Points gathered by the Users.
- Operator does not bear legal responsibility for temporary unavailability of using the Service by Users caused by maintenance work or performing changes in the Service. Operator will inform the Users by placing an information in the Service about the planned maintenance break and its estimated time. This information will be provided to the Users at least 30 minutes prior to the planned maintenance break.
- Users acknowledge that the Operator does not bear legal responsibilities for other User or third parties actions performed in the Service.
- User is not allowed to provide illegal content, especially violating the rights of third parties, inaccurate content, offensive content, vulgar content, obscene content, content contrary to the principles of social coexistence or good manners. Content provided by the Users is not provided by the Operator and therefore Operator bares no legal responsibility for such content.
- Operator is authorized to editing or shortening the texts and, if the content is breaking the Terms of Service, to removing it.
- Providing illegal content may result in civil or criminal responsibilities of the User on the account of the Operator, other Users or third parties.
XIX. Final Provisions
- Operator guaranteed that the employees of the Operator and subjects connected to him, individuals working on the creation of the Service nor the families of the employees or co-workers are not authorized to take part in the Competitions.
- Operator has the right to change the Terms of Service. Operator will publish the changed version of Terms of Service in the Service and will inform the Users about the performed changes. Changes in the Terms of Service apply to the User by the time he accepts the performed changes.
- Accepting the changes in Terms of Service is necessary to continue using the Service.
- The User will be informed about the changed Terms of Service after his first log-in to the Service. Taking part in activities offered by the Service is understood as accepting the changed Terms of Service. User who does not accept the changed Terms of Services is required to terminate his Account immediately, which is equal to terminating the agreement mentioned in pt. 11 of Terms of Service.
- In case the User did not accept the changes in Terms of Service and terminated his Account before the order for an Object or Prize has been completed, the order will be completed accordingly to the Terms of Service before the changes mentioned above.
- User acknowledges that he accepts and understands that in effect of not accepting the changes of Terms of Service and terminating the Account, the Points gathered by him are lost and the User loses the rights to any claims from the Operator.
- In case if any of the regulations in Terms of Service appears to be invalid or ineffective, other regulations remain in force.