Terms of Diamonds Service provided on Odealo Portal

Definitions:

Portal Owner – ODEALO Spółka z ograniczoną odpowiedzialnością Spółka komandytowa, headquartered in Kraków, address: Prądnicka 89/5, 31-202 Kraków, entered in the Register of Entrepreneurs kept by the District Court for Kraków - Śródmieście in Kraków, 11th Commercial Division of the National, Court Register under the number 0000638725, with tax identification number NIP: 6783162666, REGON: 365494539; 

Odealo or Portal – an online, open platform run by the Portal Owner, on the terms specified in the Terms of Service, which is available within odealo.com domain, allowing individual distance communication using data transmission between ICT systems, and in particular electronic mail;

User – a natural person, with full legal capacity, who gained access to the services provided by the Portal Owner in the Portal as a result of the entry into the Agreement on the terms specified in the Terms of Service, who is a consumer as defined in the Civil Code, not concluding Transactions in connection with their economic activity; Users include both Sellers and Buyers;

Credits (abbreviation “CR”) – means of exchange issued by the Portal Owner in order to perform the obligations under Transactions made via the Portal between its Users;

Diamonds – a form of payment issued by the Portal Owner for services related to Offer promotion and advertising;

Diamonds Service Agreement – an agreement concluded between the User and the Portal Owner, the subject-matter of which is the use of Diamonds within the Portal, for the purpose of Offer promotion and advertisement, under the terms specified in the Terms of the Diamonds Service;

Offer – proposal of the conclusion of a contract of sale of the Goods under the terms set by the Seller, in particular containing the price and description of the offered Goods, using elements available in the Portal;

Services – services provided electronically, under the provisions for electronic services, in the Portal by the Portal Owner, including services allowing transactions via the Portal, and services related to Offer promotion and advertising that are provided the through the sale of Diamonds;

Payment Portal – institutions authorized to issue electronic money and offering payment services with its use in accordance with the applicable laws, such as Skrill or PayPal or payment cards;

Civil Code – the Act of 23 April 1964 Civil Code. (consolidated text: Journal of Laws of 2016 item 380, as amended);

Schedule of the Diamonds Service Fees – information available on the Portal on the fees payable to the Portal Owner on account of User’s activities specified therein;

Privacy Policy – regulations on the collection, processing, and keeping of Users’ personal data, which can be found at http://www.odealo.com/privacy-policy/.

Terms of Service – terms of services of Portal Odealo.com, which can be found at https://odealo.com/page/terms-of-service

§ 1

1. Each User that has attained the first authorization level, referred to in §1(2)(a) of the Terms of Service, is eligible to enter into the Diamonds Service Agreement with the Portal Owner, under the terms specified in this Terms of the Diamonds Services. Such an agreement is made for the purpose of Offer promotion and advertisement.

2. Offer promotion and advertisement referred to in §1(1) may consist of:

   1. Highlighting the Offer, by adding a colored frame to the Offer's image on the offer listing page;

   2. Promoting the Offer on the Portal's Home Page, and the corresponding game's Home Page;

   3. Increasing the Offer's position on the offer listing page, and the corresponding game's Home Page, by the use of "Bump to the top" promotion option;

   4. extending the duration of the Offer;

   5. other forms of Offer promotion and advertisement indicated by the Portal Owner as part of the Portal.

3. The selected Offer promotion or advertisement option is active immediately after payment made with Diamonds, and after the Offer has been posted by the Portal Owner until the moment indicated by the User, not longer than until the Offer expires, subject to paragraph 4 - 7.

4. The Offer promotion option referred to in paragraph (2) point (b) above has a rotational character, i.e. it is dependent on the number of Offers that have this promotion option activated. Each new offer that uses the above-mentioned Offer promotion option is placed in a higher position than Offers promoted previously. This rule does not apply to offers that have their position altered by the use of the "Bump to the top" promotion feature.

5. With regard to the promotion option referred to in paragraph (2) point (c) above, the User himself determines the number of Diamonds spent to promote the Offer during the next 24 (twenty-four) hours timeframe. The number of Diamonds spent determines the position of the Offer on the offer listing page and corresponding game's Home Page. The User may spend more Diamonds at any given time to alter the Offer's position, with the exception that each such bid is independent of the others and expires after 24 (twenty-four) hours.

6. Group Offers which consist of Offers that have the promotion option referred to in paragraph (2) point (c) above activated have their position calculated based on the cumulative amount of Diamonds spent on each separate Offer that is part of this group.

7. The Offer promotion option referred to in paragraph (2) point (d) above may not be used to extend the Offer's duration above 30 days

§ 2

Diamonds are inalienable, with the proviso of direct consent of sale of Diamonds granted by the Portal Owner or in case of their inheritance in accordance with applicable law.

§ 3

1. The acquisition of Diamonds is payable. The payment is made on the terms set out in the Terms of Service, with the use of Credits as the medium of exchange.

2. The Schedule of the Diamonds Service Fees includes the total remuneration for the purchase of Diamonds along with taxes, as well as other costs, and if it is impossible to determine the amount of these fees - contains information about the obligation to pay them

3. The Schedule of the Diamonds Service Fees includes the maximum remuneration for the purchase of Offer promotion and advertising services along with taxes and other costs

4. Offer promotion and advertising services' prices may vary between different games (markets), but they can only be lower than those indicated in the Schedule of the Diamonds Service Fees

5. The User authorizes the Portal Owner unconditionally and irrevocably to change the status of the Funds held on the User's account in order to pay for the Diamonds

6. The purchase of Diamonds and Offer promotion and advertising services is nonrefundable

§ 4

During the suspension of the User's Account, the User is not entitled to acquire or use the purchased Diamonds.

§ 5

1. The Portal Owner reserves the right to change the Terms of the Diamonds Service and this change becomes effective on the date indicated by the Portal Owner, however, the date of change may not be shorter than 7 days from the moment of making the amended Terms available on the Portal, provided that Offer promotion and the purchase of advertising services with the use of Diamonds commenced before the entry into force of the changes are carried out on the current principles.

2. The User, when logging in to the Portal, counting from the entry into force of the changes, will be notified of such changes and the possibility of their acceptance.

3. In the absence of acceptance of amendments to the Terms of the Diamonds Service, the User should immediately notify the Portal Owner about the termination of the Agreement by using the appropriate form on the Portal's website, or other official methods of contact provided by the Portal Owner.

§ 6

1. The Diamonds Service Agreement is perpetual.

2. In the event of a violation of the Terms of Service by the User, each Agreement concluded with the User may be terminated by the Portal Owner upon notice, with a seven-day notice period.

3. By entering into the Diamonds Service Agreement, the User agrees to the provision of services within the Portal, including agreements relating to digital content unsaved on a material carrier, and the supply of which takes place before the expiry of fourteen (14) days from the date of conclusion of the Agreement, thus accepting the loss of rights to renounce the contract.

§ 7

The User may contact the Portal Owner regarding the Diamonds Service on the basis of these Regulations in the form of:

1. in writing to the following address: Odealo Sp. z o.o. Sp. k. Prądnicka 89/5, 31-202 Kraków, Poland;

2. by selecting the subject of correspondence as part of the contact form in the "Contact us" subpage after clicking on the following https://odealo.com/page/contact-us link;

3. by e-mail sent to the address support@odealo.com.

§ 8

1. If in the User's opinion, the Services provided on the basis of the Terms of the Diamonds Service are not carried out by the Portal Owner or are not carried out in accordance with the provisions of the Terms of the Diamonds Service, he may make reservations in the manner specified below (Complaint).

2. Complaints may be submitted in electronic form using the form available on the Portal or in writing. The complaint should contain at least the name under which the User appears on the Portal (username), and a description of the reservations.

3. Portal Owner, before considering the Complaint, may request the Complaining Party to supplement it in the indicated scope, if the given data or information referred to in paragraph. 2, require such supplementation.

4. Portal Owner shall recognize the Complaint within 21 (twenty-one) days from the date of its receipt, subject to paragraph 3, where the time of its diagnosis starts from the date of receipt of correctly completed Complaint.

5. A response to a Complaint is sent only to the e-mail address assigned to the User's Account or as a message generated as part of the Portal on the User's Account. In particularly justified cases, the Portal Owner may send a reply to another e-mail address indicated by the person lodging the Complaint, which is not assigned to the User Account, or in writing to the address indicated in the Complaint.

§ 9

1. All Agreements concluded between the User and Portal Owner are governed by Polish law.

2. Any and all disputes related to the Services provided by the Portal Owner within Odealo Portal shall be resolved by the Polish common courts.

3. The User has the possibility to assert their claims before the Permanent Arbitration Consumer Court at the Provincial Inspector of Trade Inspection in Kraków. Information about the access to the above dispute settlement mode and procedures can be found at the following address: www.uokik.gov.pl under “Help and advice for Consumers” tab. The User who is a consumer also has the opportunity to use the EU ODR Internet platform, which is available at the Internet address: http://ec.europa.eu/consumers/odr/. Detailed information on the mode of the application can be found here.

§ 10

The provisions of Use Agreement and Trust Agreement apply accordingly to the Diamonds Service Agreement, as long as they are not contradictory, or modified by the provisions of the Terms of Diamonds Service.

Schedule of the Diamonds Service Fees