TERMS AND CONDITONS OF PARTICIPATION IN DISCOUNT PROGRAM „BANANATIC”

 

§1 Definitions

 

  1. The terms used herin shall have the following meanings:
    1. T&C (Terms and Conditions) – these Terms and Conditions. The following shall be its integral part: Terms of Use of the Website, available on following address: www.bananatic.es/terms-of-service, which the Participant accepts as well;
    2. The Organizer – SEDOC LLC (Limited Liability Company) – a limited liability company registered under the laws of Florida, United States of America, under the number L15000067459, with its registered seat in 14 NE First Ave, 2nd Floor, Miami, Florida, United States of America
    3. The Store– online store (shop) that allows its users (Buyers) to purchase goods or services available therein;
    4. The Seller – the entity currently conducting the Store. List of the Sellers as well as their Stores, in which the Participant can purchase with discount using the Bananas collected in the Programme, is available each time under the following address: www.bananatic.es/terms-of-service
    5. The Website – a set of IT tools supporting operating the Programme, including the website www.bananatic .com and its subpages;
    6. The Program – a discount programme (action) called “Banantic”, operated by the Organizer, in which the conditions of participation are defined in these T&C, for the purpose of encouraging the Participants to purchase goods or services in the Store;
    7. The Good – good or service, which the Participant may purchase in the Store.
    8. The Account – individual Account created for the Participants in order to participate in the Programme and to receive message from the Organizer;
    9. The Panel – set of IT tools assigned individually to each of the Participant in order to use and manage the Account;
    10. The Participant’s Profile (Your Banana) – avatar of each Participant in the form of banana, which can be personalized by the User, including changing its appearance, e.g. look and appearance of its face, hair, body.
    11. The Participant – a person participating in the Programme.
    12. The Bananas (Points) – the Bananas collected by the Participant in the Programme.
    13. Card – an electronic point cards, assigned to individual Participant, in which the Bananas collected by the Participants are gathered.
    14. Accepted Entities – entities with which the Organizer has concluded appropriate bilateral agreement, under which he will take into account on the Card the Bananas obtained by the Participant from these entity. Current List of Entities is available for each participant on the Website under the following address: www.bananatic.es/terms-of-service. There shall not be the Seller who is the Accepted Entity.
    15. The Discount – the amount, by which the price of the Good purchased in the Store is reduced; the price reduction occurs at the same time of sale of the Good.
    16. The Active Participant – the Participant that actively uses the Website at least once a month and obtains Bananas and gains Experience Points and its activity is real and not fictitious.
    17. Experience Points -  the Points determined by the Organizer. Gaining of the specified number of these Points results in gaining higher level of experience.

 

§2 The Participant

 

  1. To be the Participant you shall register, which means:
    1. Filling the registration form available on the website by entering your e-mail address and password;
    2. Acceptance of the Rules, Terms of Use of the Website and expressing your consent for personal data processing by the Organizer for the purpose of your participation in the Programme;
    3. Verification of your identity – to your email given in the registration form we send you a verification link. Please, check the SPAM folder. By clicking on verification link you can verify yourself. In these moment the Account is created for you and you become the Participant.
  2. The following persons has no right to purchase the Good with the Discount:
    1. The Sellers and the Organizer;
    2. Contractors of the Organizer and the Sellers;
    3. Persons performing managing, supervisory or controlling functions by contractors of the Organizer or the Seller;
    4. Contractors of the persons mentioned in letter c);
    5. Persons performing managing, supervisory or controlling functions by contractors of the persons performing such functions by Organizer or the Seller:
      1. In cases specified in letter b) and e), if between contractors and the Organizer/Seller or persons performing such functions or between persons performing such functions by contractors and Organizer/Seller or between persons performing such functions by Organizer/Seller and the contractor occur connections of family or adoption, capital, financial character of from employment relationship;
    6. Persons performing managing, supervisory or controlling functions by at least two of the following entities: the Seller, the Organizer, contractor of the Seller, contractor of the Organizer.
  3. By family connections, referred in paragraph 2, is understood marriage or kinship and affinity to the second degree.
  4. By capital connections, referred in paragraph 2, is understood the situation, in which one person or one of the contractors has a right of vote at least 5% of the voting rights or disposes directly or indirectly such a right.
  5. In particular the following persons has  no right to purchase the Good with the Discount: employees of the Organizer of the Seller or the members of closest family of the Organizer or the Seller.

 

§3 Using and managing the Account

 

  1. You can manage hits Account using a set of tools available to you in the Panel.
  2. After verification you get access to the Panel, give your name (maximum 25 characters ) and sex.
  3. Participating in the Program you  may change your name or sex. You cannot change your e-mail address given in the registration form.
  4. You can express his consent to receive from the Organizer or its partners, in particular the Seller, commercial information or marketing materials to his e-mail address given in registration form by his registration or later. You can revoke your consent at any time by selecting appropriate option in the Panel.
  5. You can change your password.
  6. It is strictly prohibited to make your Account available to third person. You are solely responsible for protecting the password to your Account, results of making it available to third parties as well as using the Account by unauthorized persons.
  7. You may change your Profile, by changing face appearance, color and appearance of hair, body or background, while changing some of the elements may need to make a purchase in the Store of the Seller.
  8. You can use the Forum. It is strictly prohibited to upload on the Forum any illegal content, in particular abusive, vulgar, racist, xenophobic, violating anyone's personal rights, copyrights, industrial property rights, legally protected secret, libelous, defamatory, and contrary to the principles of social coexistence and Netiquette.
  9. You have access to the Ranking of the Participants, which includes a list created according to number of collected Bananas. You express your consent for making available to other Participants the following information: your name and number of collected Bananas for the purpose of displaying the Ranking.

 

§4 The Bananas and the Discount

 

  1. The Seller is neither an organizer of the Program nor a proxy or representative of the Organizer.
  2. After filling registration form and making fulfilling conditions referred in §2 paragraph 1 you can use your Card and have access to your Account. The Card is not a payment, credit, debit or ATM card and cannot be use for making any payment. The Card is not transferable. Access to the Card you have after logging into your Account, giving your e-mail address and the password given in the registration form.
  3. On the Card are gathered the Bananas obtained by you. It is the Organizer who gives the Bananas. It cannot be the Seller, who gives the Bananas.
  4. It is impossible to buy the Bananas (exchange real money for the Bananas) by the Organizer.
  5. You may obtain the Bananas due to performing actions, which current list (with indication of the amount of the Bananas available for each action) is currently available on the Website under the following address: www.bananatic.es/get-bananas/. The activities can be the following:
    1. Performing tasks in computer games;
    2. Purchasing goods or services in the Stores of the Sellers (the e-mail address given by the Participant using the Stores should be identical to the e-mail address given in the registration form, otherwise the Participant may not obtain the Bananas);
    3. Filling in questionnaires;
    4. Recommending the Website to other persons. The Recommending Participant obtains the Bananas for each Participant, who had registered in the Website (the Recommended Participant) and was assigned by the Organizer to the Recommending Participant using the Referrer Link, displayed to the Recommending Participant under the address: www.bananatic.es/get-bananas/recommend/. The Participant obtainss:
      1. 10% from the Bananas collected by the Active Recommended Participant during first 300 days of his registration;
      2. 25 Bananas and additional 25 Experience Points, fi the Recommended Participant is Active;
    5. Downloading application;
    6. Increasing level of experience
  6. Unless the T&C stipulate otherwise, the Organizer does not take into account any Bananas obtained by the Participant in other way then specified in point 5.
  7. The Organizer may in additional promoting actions give the Bananas to the Participants, who meet certain criteria specified by him, e.g. purchasing Goods for the certain price in specified time or invite certain number of Participants.
  8. The Organizer can also book a package of Bananas which will be used for each of the Participant, with priority in obtaining them may be eligible for Participants who meet the conditions specified by the Organizer, e.g. they show the activities supporting the development of the Website or make special personal contributions for the Website. However, making such activities or contributions cannot be the conditions of obtaining the Bananas, it can only entitle to priority in obtaining them.
  9. Using the Bananas gathered in the Card you can use the Discount by purchasing the Goods – only in the Store. One Banana gathered in the Account entitles you receiving 0.001 EUR of the Discount in the Store by purchasing any Good selected by you.
  10. The Discount cannot be equal to the prices of the purchased Good. The Participant purchasing the Good with Discount will always have to pay part of the price in money. The minimum net price of the Goods the Participant must pay in money equals 1 (one) PLN.
  11. The Seller takes the Discount into account at the moment of the sale. It shall be the price paid by the you after taking the Discount into account which is used as the base for calculating tax.
  12. The Bananas cannot entitle to may any payments, only entitle to purchase the Good in the Store with Discount.
  13. The organizer is entitle to refuse to give the Bananas in each case where there is a reasonable suspicion, that it is a purpose or effect of actions of the Participant to obtain them on the basis of unreal of fictitious events of actions (e.g. multiplication of accounts of Participant’s actions, using robots) or if there is any doubt about the reliability of the Participant or the Participant violates T&C.

 

§5 Prohibition of transferring the Bananas

 

  1. The Bananas are not subject to transfer.
  2. The Account, the Card and the Bananas gathered on pass on legal successors in accordance with the relevant regulations.
  3. The Bananas are not subject to exchange for real monies and any other good or value.
  4. The Organizer has no obligation to control and monitor, whether the Participants obey the prohibition of transfer of the Bananas due to the lack of technical capabilities. However, in case of detection of such transfer, he  can exclude  the Participant from the Program with immediate effect.
  5. The Organizer is not a party to any legal acts performing between the Participant and the Seller, in particular purchase of the good or service contract and bears no liability for lack of honouring of the Bananas by the Seller, refusal to grant a Discount or granting it in lower amount as well as for non-performance or improper performance of the agreement by the Seller, in particular defects of the Good.
  6. The Organizer does not interfere in any ways in the settlements between the Participant and the Seller and is not involved in settlements of any dispute between them.
  7. The Organizer bears no liability for the correct calculation or lack of calculation of any performance stipulated by law, in particular (performance based on added value) by the Seller based on the sale of the Good or applying of wrong rate of such performance.
  8. The Participant and the Seller are obliged to make all settlements and obligations on their own hand, including private and public performances related to purchase of the Good, including tax performances. The Organizer bears no liability for failure or incomplete settlements of private or public performance, including lack of paying tax by the Participant or third party, as well as lack of transfer of the Good by the Seller to the Participant.
  9. The Participants are obliged to settle any tax and other private or public performances or obligations connected with obtaining Bananas, Discount, as wells as transferring of the Bananas (even the Fact, that T&C strictly prohibits such transfer does not repeal any tax and other public or private obligations in case of transfer). The Organizer does not settle any taxes or private or public performances related to abovementioned events for the Participant, is not the payer or tax collector and he is not obliged to calculation, collection and payment of tax.

 

§6 Termination of participation in the Program

 

  1. The Program will be conducted for indefinite period.
  2. The organizer may terminate the Program due to the important reason with immediate effect and due to other reasons – by prior notice of the Participants.
  3. The Organizer may at any time exclude the Participant from the Program, if the Participant violates T&C or infringe good name, goodwill or personal rights of the Organizer, the Store or the Seller or terms of use of the Store (in particular he violates the prohibition of transfer of the Bananas) or law regulations or principles of fair trade. The Organizer may prohibited the Participant the right to register again for a specified period of time or forever (ban).
  4. You may terminate your participation in the Program at any time submitting us an e-mail.
  5. In case stipulated in point 2 or point 4 (if the reason of termination if amending T&C) you not lose your Bananas and you can use them even after your participation in the Program, however you cannot obtain any new Bananas.
  6. In case stipulated in point 2-4 (except case stipulated in point 5) your lose all gathered Bananas and cannot use it anymore.

 

§7 Final provisions

  1. The Organizer reserves the right to amend T&C. The amendments enter into force at the moment of publishing them on the Website www.bananatic.es/terms-of-servie. The Organizer notifies the Participants by e-mail on intended amendment of T&C 7 (seven) days before the date of intended amendment. The amendment is accepted by the Participant and is binding from next day after this period unless the Participant  does not terminate his participation in the Program. However, to the rules of obtaining Bananas resulting from the events which took place before the amendments, the previous provisions of T&C shall apply.
  2. The Organizer has a right to suspend the Program upon prior notification of the Participant, indicating the expected duration of the suspension. However, the notification is not necessary, if the suspension is caused by sudden or unforeseen circumstances (e.g. failure, malfunctions in system calculating the Bananas, bugs in the software, hacker attack, computer virus)
  3. All statements and notification between the Participant and the Organizer shall be submitted in electronic form unless T&C or applicable law provisions provide otherwise. By electronic form it shall be understood:
    1. Sending by the Participant a message by contact form available under the following address: www.bananatic.es/contact/
    2. Sending by the Organizer:
      1. E-mail message to e-mail address of the Participant given in registration form;
      2. Message by IT system (the user has an access to these messages in his Panel).
  4. The Program is subject to the law applicable to the Organizer’s registered seat, i. e. the law of the state Florida, Untied States of America.
  5. All disputes arising from the Program shall be settled by the proper court.
  6. These T&C shall be binding since January 1st, 2016 and shall be applicable to the Bananas obtained since that date.
  7. The Participant accepts that the naming of certain institutions or legal or factual acts using on the website of the Program or in communication between the Organizer and the Participant may differ from naming contained in T&C. It is a result of difference between legal and everyday language. However, for the determination of legal character of the institution or activity, it shall always be terminology used in T&C which is crucial and deciding.

 

TERMS OF USE

of Webiste www.bananatic.es Resources

These Terms shall constitute an integral part of the T&C of the Bananas Program

 

§1 General provisions

 

1. These Terms and Conditions (Terms) regulate the use of ICT resources the Website Bananatic.es, including the website address: www.bananatic.es and subpages ( "Resources").

2. The Operator of the Resources is SEDOC LLC (Limited Liability Company) – a limited liability company registered under the laws of state Florida, United States of America, under number L15000067459, located 14 NE First Ave, 2nd Floor, Miami, Florida, United States of America ( "the Operator").

3. Using by you (“the User”) of any or some of the resource or content (as defined below) requires full acceptance of these Terms and other applicable terms and conditions, depending on the resource from which the user uses.

4. The term "content" refers in particular to all the elements of text, graphics, music and sound, all the messages, all the titles, fictitious characters, names, subjects, objects, decorations, costumes, effects, texts, dialogues, slogans, places, formulas, diagrams, concepts, designs, graphics, animations, sounds, musical compositions, choreography, video, audiovisual elements and all other elements present in the framework, together with all associated intellectual property rights, trademarks, internet domain names, acronyms, logos and drawings (collectively referred to as "Content").

5. The Operator reserves the right to change, modify, add or delete provisions in these Terms and Conditions at any time in accordance with the procedure described below

 

§2 The Account

 

1. Using additional functionality and options requires use of the account. A user who does not already have accounts can create them here: www.bananatic.es

2. To create an account, you must have an email address, and provide truthful and accurate information. You cannot use a username or avatar, which is already used by someone else, which is contrary to the Terms or the rules of netiquette, or which is offensive, vulgar, obscene, defamatory or otherwise violates the rights of third parties (in particular, without limitation, rights to the name / name and image). You agree to distribute your username in connection with your use of the Resources. To find out what other information may be made available to others, please refer to our Privacy Policy.

3. You should not disclose your password to the account, to third parties. The operator never requires disclosure of the password and never will contact with you in order to give questions to the auxiliary password. Using the account with a password, in particular to make any Transaction, it will be considered as use of the account by the user.

4. You agree to provide true, accurate, current and complete personal data and undertakes to update them on a regular basis, according to the guidelines of the Operator. You may not impersonate any person or rely on links with any other person, especially when using personal data, passwords or other information relating to someone else's account, name, likeness, voice, image or images of another person or misrepresentations on a parent or guardian.

5. It is prohibited to posting and storage of the User of any illegal content.

6. The user acknowledges and accepts that the operator can take action to check the accuracy of the information given, especially by checking each number landline or mobile phone or an address e-mail, as well as verification of your bank account or credit card number. In order to protect other users, and to eliminate the risk of abuse or fraud, at the request of the Operator User you agree to send an e-mail, fax or post the necessary authorization and the necessary documents to the Operator, including a copy of the identity card or passport.

7. You should immediately notify the Operator via the contact form available at: http://www.bananatic.es/contact/ : o noticed any unauthorized use of your account, hack, steal passwords or other account information, or other breach of security concerning or related resources.

8. The operator has the right to take in relation to the User any measures resulting from the relevant provisions in order to combat the financing of terrorism and so. money laundering (anit-money laundering).

 

§3 Using Resources and its principles

 

1. The resources are intended only for personal use and in any case they should not be in any way used for commercial purposes, unless the relevant provisions (including internal) indicate otherwise. You may not directly or indirectly sell, lend or otherwise marketed Resources. You agree not to modify, decompile or reverse engineer or translate, adapt, reproduce, distribute, disseminate or transmit any information, any software, any product or any other element Resources. Copying or automatically download or use of a large amount of resource or move any resource on another computer or mobile device is prohibited.

2. You agree to use the Resources at any time in accordance with applicable national and international laws and other regulations and the provisions of these Terms and Conditions. You agree not to use Resources (including the creation and use of any content created by the user) for the purpose of illegal or unethical, or for purposes contrary to the functioning of Resources.

 

§4 Principles of uploading any Content by the User

 

1. It is prohibited for the users to upload any illegal content .

2. The illegal Content is any content contrary to generally applicable law or T&C and these Terms or rules of social coexistence or fair trade, fair competition or netiquette.

3. The User who uploaded any Content, is fully responsible for all results of its upload and storage in the Resources.

4. You content shall not contain the following contents:

a. Inciting racial hatred, religious, ethnic, xenophobia or conflict;

b. Promoting violence;

c. Vulgar, offensive, infringing the rules of good behavior;

d. Misleading or likely to misleading;

e. Goods or services which do not exist or to which the User does not have any rights;

f. Falsifying or not disclosing true features of goods or services, such as size, area, mileage, age, price, location, salary and the like;

g. Relating to provision of services generally recognized as reprehensible, such as prostitution, pyramid schemes, usury;

h. Relating to organization of pyramid selling system or sales multilevel marketing (MLM) or other similar systems;

i. Containing information relating to encouraging or promoting participation in hazardous games, games of chance, mutual betting or machines games and slot machines games with low prizes;

j. Relating to preparation or assistance in preparing projects of exam works, master thesis, bachelor thesis and the like, as well as direct assistance with passing any tests or exams;

k. Relating to tele work having as a task sending unsolicited commercial communication (spam);

l. Relating to computer passwords, access codes or other data for unauthorized use to information stored in computer system or data communication network;

m. Relating to software designed in particular to unauthorized destruction, alteration, deletion, damaging or obstructing access to computer data, interfering with or preventing the automatic processing, storage and transmission of such data or disrupting operation of communication network and system.

5. Data shall not contain links to websites that require from the users to pay fees for the use of these sites, as well as advertisements or links to websites which can be in any way competitive for the Website.

 

§5 YOUR BASIC OBLIGATIONS – using the Website you shall not

 

1. Take any actions that unduly burden with infrastructure of the Website or interfere its correct functioning;

2. Copy, modify or disseminate content created by other persons without their and ours express and written consent;

3. Use any viruses, bots, worms or other computer code, files or programs (in particular automating processes of scripts and applications or other codes, files or devices), robots (announcers, scrapers) or other automated tools in order to obtain any access to the Website and collect Data without our express written consent or in order to interrupt, destroy or limit operation of the Website or hardware, or otherwise allow any unauthorized use or access to a computer or computer network;

4. Use the personal data of other Users, available in the Website for the purpose other than permitted in Terms of Use, in particular you shall not send them unsolicited commercial communication (spam) or collect Data for other purposes;

5. Copy, distribute, modify content from the Website without our express written consent, disassemble or decompile, reproduce or make any other attempts to study the source code of the Website. You are allowed to use only these elements of the Website which you have added on your own (e.g. Data uploaded by you).

6. Undertake activities that may impede or interfere with functioning of the Website and you shall not use the Services in any way disruptive to other Users;

7. Take any action that would violate privacy of other Users, primarily involving collection, processing and disseminating information about other Users without their express consent, except situation where such activities are consistent with provisions of law and Terms of Use.

8. Take any action that might impede or disrupt operation of the Website as well as take any actions involving in particular destruction, alteration, deletion, damaging, obstruction access to the accounts of other Users.

9. Take any actions that can be used for fraudulent collecting passwords or other identification data from other Users, in particular in broadly understood commercial purposes or unlawful purposes;

10. Take any actions that affect the automation of system use (automatic annotation, display), including use of scripts to add friends, send comments, news, updates of the Website;

11. Use the Website for research activities, in particular that of the tests, analyzes, public opinion pools;

12. Repeatedly send the same message or many different messages in a very short intervals of time (flooding).

In order to study all of your obligation, please, read Terms of Use carefully.

 

§6 Our rights

 

We can take all measures permitted by law, if the user violates the Terms or any other law.

2. In particular, this applies to the following situations:

a. Your act or omission affects the good name of the Operator or otherwise damages to the Operator;

b. You published data  contrary to § 5;

c. Your personal data will require additional verification;

d. receipt by the Operator notification or obtaining reliable information about the unlawful nature of the data posted by you or related activities;

e. The user uses the personal data of other users available in the Resources for any purpose other than the use of the resource, in particular send them unsolicited commercial (spam);

f. The user violates the rules for using the account;

g. The User violates the rules on personal data (in particular the principles arising from the Privacy Policy).

h. The operator receives from users credible messages that the user improperly performs the obligations arising from the agreement or use of Resources phishing;

i. There is a suspicion of irregularities in the implementation of the agreement

j. There is a large number of negative reviews of the User;

k. The user takes action whose purpose is only to raise the position of the User or obtaining contacts to a specific target group Users in connection with exercised their activity (eg. on someone's order or in the course of their business, which is not related to the subject resources)

l. You violated the rules concerning the issue of opinion

m. You publish the advertisements web addresses in order to promote the sale of goods or services on these pages.

2. We can also take all measures permitted by law if it is determined that the security account is at risk. The operator can then make use of the repeal of a measure of change the access password to the account of the user.

 

§7 Amendment of Terms

 

1. The Operator reserves the right to amend these Terms. The amendments enter into force at the moment of publishing them on the Website www.bananatic.es/terms-of-servie.

2. The Operator notifies the Userby e-mail on intended amendment of Terms 7 (seven) days before the date of intended amendment. The amendment is accepted by the Participant and is binding from next day after this period unless the Participant  does not terminate his participation in the Program. However, to the rules of obtaining Bananas resulting from the events which took place before the amendments, the previous provisions of Terms shall apply.

3. The Terms are subject to law applicable to the Operator’s registered seat, i. e. the law of the state Florida, Untied States of America.

4. The provisions of the Terms shall not prejudice the provisions on the protection of consumers, if the User is a natural persons who uses the Resources for the purpose not directly related with his business or professional activity. If any provision of the Terms is contraty to the mandatory provisions of consumer protection, this provision is not binding on the consumer, and in its place shoud be applied the closest provision from the law generally applicable.

5. These Terms shall be binding since January 1st, 2016.

 

§8 Miscellaneous

 

Titles and headlines

 

The headlines serve only to facilitate reading and understanding these Terms and Conditions may in no case lead to assumptions regarding the execution of the provisions and the manner in which these provisions may be interpreted.

 

Severability

 

If any provision of these Terms is found to be unnecessary or irrelevant, or is deemed to be invalid or will not be applicable, provision shall be construed in accordance with the applicable law in such a way as to best reflect the original intentions of the Operator and the remaining provisions of these Terms will remain unchanged and will continue to apply, as if unnecessary, irrelevant, invalid or inapplicable provisions are not accounted for part of the

Terms and Conditions.

 

Waiver

 

The fact that the operator or user does not or there is any right or benefit from the provisions of these Terms and Conditions, or does not use them promptly, it cannot be considered a waiver of such right or provision. Waive the application of any provision of these Terms may be considered valid only after signing a written statement on the issue by the Operator or by the user.

These Terms and Conditions are available at any time at www.bananatic.es/terms-of-servie.

If you have any questions about these Terms, please contact the operator via the contact form available at: http://www.bananatic.es/contact/