Regulations for using the IINE System

 

 

§ 1  General Provisions

 

  1. These Regulations for using the IINE System, hereinafter referred to as the “Regulations” specify the terms and conditions for using the service of  the IINE System enabling the communication, including a mobile application, which allows the users of applications, being the readers of magazines and other printed press cooperating with IINE, to search the products exhibited on the pages of that press, and to find them in the stationary (traditional) stores and in online stores – on the websites operated by the IINE affiliates, for the purpose of purchasing those products (hereinafter referred to as the “service”), specified in details in the Affiliation Agreement to the IINE network, concluded by and between IINE and the affiliate (hereinafter referred to as the “Affiliation Agreement”).
     

  2. The service is provided by IINE Sp. z o. o. with its registered office in Warsaw, ul. Mokotowska 7/7, 00-640 Warszawa, entered in the register of entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register ,KRS No. 0000667186, Tax Identification (NIP) No. 701-067-25-84, (hereinafter referred to as “IINE”),
     

  3. All the capitalized terms (definitions) in these Regulations will have the meanings assigned to them in the Affiliation Agreement.
     

  4. The electronic mail address (email address) for communication with IINE is specified in the Affiliation Agreement.

 

§  2Affiliate’s Devices

 

  1. IINE allows to use the service with the use of the following Affiliate’s devices:
    a)   computer (PC, MAC),
    b)   mobile device, i.e. tablet or mobile phone (smartphone).

  2. The devices needed for using the service are provided by the Affiliate at its cost.

  3. The service is used via the Internet network provided by the Affiliate at its cost.

 

§ 3  Technical Requirements

 

  1. In each case, notwithstanding the Affiliate’s device, the service requires access to the Internet and an Internet connection.

  2. Description of the requirements associated with the html code of the website confirming the successful completion of a Transaction, to be met by the Affiliate:

    <img src="https://{serverAddress}/{storeId}.png?amount={amountOfTransaction}&productIDs={comma-separated list of product IDs}&transactionId={transactionId} " height=”1” width=”1” />

    where

    serverAdress: the configuration value stated by IINE

    storeId: the configuration value stated by IINE

    amountOfTransaction: the total value of the transaction in the format: XXX.XX, stated by the Affiliate

    productIDs: the list of the products purchased in the respective transactions, divided by commas, stated by the Affiliate

    transactionId: the unique transaction identification number stated by the Affiliate

    example:

    https://{serverAddress}/api/affiliation/affiliate/1.png?amount=499.99&productsIDs=89881234,1213231343,1232434323&transactionId=AB5433234643643

 

§  4IINE System

 

For the purpose of joining the IINE Affiliation Network and taking advantage of the service provided with the use of the IINE System, the Affiliate must meet all of the following requirements at its cost:

a)   possess a device allowing to use the service,

b)   meet the technical requirements necessary for using the service,

c)   accept these Regulations,

d)   sign an Affiliation Agreement,

 

 

§ 5  Functionality of the IINE System

 

  1. The IINE System and its functionality are specified in details in the Affiliation Agreement and in this Appendix 1 to the Affiliation Agreement.

  2. If the Affiliate receives any personal data, in particular of the Clients, through the IINE System, the Affiliate undertakes to process it in accordance with the applicable provisions of the law and solely in the scope necessary for proper performance of the Affiliation Agreement, and to conclude an agreement with IINE on processing that personal data.

 

§ 6  Service Availability, Technical Interruption, Failure

 

  1. IINE will exercise every effort for the purpose of providing continuous availability of the service during the term of the Agreement, but IINE will not bear any liability for lack of availability of the IINE System caused, in particular:
    a)   by failure by the Affiliate to meet the technical requirements specified in the Regulations,
    b)   by lack of Affiliate’s access to the Internet or by improper operation of the Internet,
    c)   by incorrect operation of Affiliate’s device,
    d)   by a Technical Interruption, referred to in point 2 below,
    e)   by a Failure, referred to in point 3 below.

  2. IINE may block or limit the access of the Affiliate to the IINE System if IINE needs to improve or repair the IINE System for the period no longer than consecutive 6 hours at night, and IINE will exercise every effort to inform the Affiliate of the planned Technical Interruption in advance, to the Affiliate’s email address stated in the Affiliation Agreement.

  3. In the case of lack of access to the service or incorrect operation of the service, the Affiliate will have the possibility to report a failure by sending an email to the IINE email address indicated in the Affiliation Agreement. IINE will exercise every effort and undertake the activities for the purpose of repairing the Failure within 24h (twenty-four hours) of receiving the email from the Affiliate.

 

§ 7  Basic Obligations and Liability of the Affiliate

 

  1. The Affiliate is obliged to use the service in accordance with the Affiliation Agreement, with these Regulations and with the applicable provisions of the law.

  2. The Affiliate will not be entitled to publish in the IINE System, in any manner, the contents of illegal, unethical, obscene, slandering, threatening, intimidating character, or offensive from a cultural, ethical, religious or another point of view, of criminal character or encouraging to commit a crime, or violating the goodwill and image of IINE, the Clients, the publishers of fashion magazines or other entities cooperating with IINE.

  3. The Affiliate will not be entitled to tamper with the IINE System in any manner, except for provision of information on the Products, subject to point 2 above. The Affiliate will be liable to IINE and to third parties, including Clients, for each unauthorized case of tampering.

  4. The Affiliate acknowledges that the IINE System is owned by IINE, including all intellectual property rights set out in IINE System, and accepts that it has the right to take advantage of the service provided by IINE with the use of IINE System solely in the scope and purpose as described in the Affiliation Agreement. Furthermore the Affiliate accepts the fact that by concluding the Affiliation Agreement it does not acquire any rights to the IINE System.    

 

§ 8  Liability of IINE

 

  1. IINE will  be liable towards the Affiliate for proper provision of the service. The Affiliate acknowledges that IINE may use subcontractors, in particular IT service suppliers, for providing the service. IINE will be liable for the improper provision of the obligations by its subcontractors as for its own.

  2. Notwithstanding the foregoing, in the broadest scope permitted by the provisions of the Polish law, the liability of IINE for the failure to provide or improper provision of the service is limited to actual damages and, in terms of amounts, to the equivalent value of the IINE’s commission for a period of 3 months, calculated as the average value for the whole period of cooperation between the Parties under the Affiliation Agreement until the date the claims are accepted or adjudicated.

  3. IINE will not bear the liability for the threats resulting from the operation of the Internet.

  4. The Affiliate is the seller of the Products and the entity responsible for the Products towards the Clients. IINE will not bear the liability towards the Clients in connection with making the Products available through the IINE System and their offering or sale to the Clients by the Affiliate, and the Affiliate undertakes to release and indemnify IINE from liability for the above if any Client submits any claims against IINE on account of a Transaction or a Product. Should a Client submit any claims against IINE, referred to above, the Affiliate will reimburse IINE for the reasonable costs of defense against them.

  5. IINE is the administrator of the personal data of the Affiliate as a natural person, as well as of the other natural persons providing work or services to the Affiliate and provided to IINE by the Affiliate on account of the conclusion and performance of the Affiliation Agreement. IINE will process that data in accordance with the applicable provisions of the law, and in the scope and for the purpose necessary for the proper performance of the Affiliation Agreement, including the data necessary for contacting the Affiliate. The provision of the personal data by the Affiliate is voluntary.  The above-mentioned persons are entitled to access the contents of their data and to correct it, and to request that IINE cease processing it.

 

§ 9  Complaint Procedure

 

  1. The Affiliate is entitled to submit complaints against the service. The complaint should be submitted to the IINE email address indicated in the Affiliation Agreement or with a letter to the address of the registered office of IINE, indicated in the Affiliation Agreement.

  2. The complaint should include at least the following data: Affiliate’s name and NIP No., Affiliate’s contact data for the purpose of submitting a notification on examination of the complaint and on the cause of the complaint. IINE will examine the complaint within 14 (fourteen) days of receiving it and will inform the Affiliate of the result of examination to Affiliate’s email address indicated in the Agreement. The complaints submitted in the form other than by email or in a registered letter in writing, or the complaints lacking the above-mentioned data, will not be examined.

  3. It is not necessary to exhaust the complaint procedure before pursuing the claims in court.

 

§ 10  Conclusion and Termination of the Affiliation Agreement

 

  1. The Affiliation Agreement is concluded in writing, by authorized persons.

  2. The term of the Affiliation Agreement and the causes for its termination with immediate effect, have been specified in the Affiliation Agreement.

  3. Furthermore, IINE is entitled to terminate the Affiliation Agreement by giving 3 months’ notice with effect as of the end of the calendar month also in the Initial Period for important reasons, and to terminate the Affiliation Agreement with immediate effect if the Affiliate violates the Regulations, after requesting the Affiliate by an email sent to the address indicated in the Affiliation Agreement, to cease the violations and to make necessary corrections within the additional time limit indicated by IINE, not shorter than 5 Workdays of the date of sending the email.

 

§ 11  Final Provisions

 

  1. These Regulations are effective from 01.05.2017

  2. These Regulations are available at the IINE office at the following address: ul. Tczewska 2/17 Str. 01-674 Warsaw, and on the website at https://www.en.iinecard.co.jp/regulations