TERMS OF SERVICE FOR ADVERTISERS ON QUESTPASS WEBSITE
§ 1 [Definitions]
1. Service Provider – company under the name Questpass sp. z o.o. with its registered office Poznań, ul. Romana Szymańskiego 8/2, 61-826 Poznań, Poland, entered in the register of entrepreneurs under number KRS 0000852508, whose registration files are kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, VIII Commercial Department of the National Court Register, using its tax identification number (NIP): 7831821967 and REGON statistical number: 386640766. Service Provider’s email address: email@example.com, Service Provider’s phone number: +48 607,555,825
2. Service Provider’s Website or Website – available to Internet users at www.questpass.pl website constituting an ICT platform for ordering and managing Services provided by the Service Provider.
3. Advertiser – a natural person running business activity, a legal person or an organisational unit without legal personality, to which legal capacity is granted by law, including an electoral committee within the meaning of the Act of 05 January 2011 Election Code (i.e. Journal of Laws 2018, item 754, as amended) using the Services provided by the Service Provider through the Website.
4. Service – a paid service provided by the Service Provider, available to Advertisers consisting of: (1) running, at the Advertiser’s request, a Campaign, consisting of displaying Questpasses on third party websites (Publishers) (2) providing other services to the Advertiser, if offered on the Website or otherwise.
5. Development Service – a service provided by Questpass, under the terms of the Terms and Conditions, which consists of the design, graphic preparation and creation of Quests or testing the effectiveness of the Campaign.
6. Campaign – Provider’s action consisting in displaying Advertiser’s Questpasses on Publishers’ websites according to parameters specified by Advertiser.
7. Questpass – advertising or informational material made available by the Service Provider, which may contain in its content a link to the landing page indicated by the Advertiser or Publisher and take the form:
a) a task that must be solved in order to gain access to the Publisher’s content, such as one question and three suggested answers – Main Advertisement;
b) a presentation that may be a repetition of the Main Advertisement or another advertisement for the same product, offer, brand or service, but each time without a question and answer proposal – Reminder Advertisement;
c) opinion or knowledge questions that must be answered in order to gain access to the Publisher’s content, and in the case of a question, gaining access is not dependent on selecting a particular answer – Research Questpass.
8) Publisher – the third party on whose website the Questpasses are displayed as part of the provision of the Services.
9) Advertiser’s Panel – a separate place on the Website, access to which is protected by a login and password assigned to an Advertiser, which is used to order Services by an Advertiser.
10) Data processing – any operation performed on personal data, such as collection, recording, storage, processing, alteration, disclosure, and erasure, and especially those performed in computer systems.
11) Agreement – a framework agreement concluded by the Service Provider with the Advertiser under the Terms and Conditions.
12) Terms and Conditions – this document setting out the principles for the provision of Services, including in particular the rights and obligations of the Service Provider and Advertiser.
Whenever these Terms and Conditions refer to advertising or advertising materials, it shall be understood as a message of an advertising, electoral, informational, or social nature.
§ 2. [Technical requirements necessary to use the Services]
1. The Advertiser must meet the following technical requirements in order to use the Website, and thus the Services:
a) Internet connection,
b) having equipment allowing to use the resources of the Internet,
d) in order to register on the Website, it is necessary to have an active electronic mail (email) account,
e) provide sufficient guarantees to implement appropriate technical and organisational measures so that the processing of personal data received meets the requirements of the law and protects the rights of data subjects.
2. Service Provider explicitly states that it is categorically prohibited to place on the Service Provider’s Website any unlawful content, in particular content inciting racial, ethnic, or religious hatred, containing pornographic content, praising fascism, Nazism, communism, propagating violence, offending religious feelings, violating the rights of others.
3. In particular, it is forbidden to place on the Website materials that in any way infringe copyright or trademark protection rights.
4. The Service Provider declares that the use of services provided electronically may involve typical, commonly known risks associated with the use of computer equipment and the Internet. Therefore, Service Provider recommends the use of protective measures, such as anti-virus software or firewalls, to enhance security and minimise the possibility of such risks.
5. Questpass, as part of the Website, allows the Advertiser to use the Advertiser’s Panel access service free of charge.
§ 3 [Registration on the Website]
1. The Advertiser is required to register on the Website before using the Services.
2. Advertiser to complete Registration on the Website:
a) fills in the registration form, providing the following data, including data necessary for issuing a VAT invoice:
- email address, while defining a password to the Advertiser’s Panel,
- the name of the person acting on behalf of the Advertiser,
- tax ID,
- the company or name which the Advertiser uses in accordance with entry in the relevant register,
- telephone number,
c) defines a password for access to the Advertiser’s Panel,
d) activates the confirmation link in the email sent to the address provided in the form.
3. The Advertiser may at any time change the password referred to in paragraph 2(1)(a) above.
4. An Advertiser undertakes not to make its password available to unauthorised persons to act on its behalf within the Website, and also to protect the password from disclosure to unauthorised persons with the utmost care.
5. All actions made on the Website within the Advertiser’s Panel after logging in with the use of an Advertiser’s login and password are binding on the Advertiser and Service Provider, unless illegal use of the password was due to the Service Provider’s fault.
6. Upon registration on the Website, a Framework Agreement is concluded between the Service Provider and the Advertiser, under which the Advertiser may order Services from the Service Provider, including running a Campaign.
7. The Advertiser is obliged to ensure indefinitely the confidentiality of personal data processed in connection with the use of the website, and in particular not to transfer, disclose or make available such data to unauthorised persons.
8. Advertiser agrees to keep confidential all information, data, materials, documents and personal information received from Questpass and its associates.
9. Advertiser has the right to create sub-accounts in the Advertiser’s Panel and grant access to its employees, associates, and business partners. Access by these entities is the sole responsibility of the Advertiser.
§ 4 [Type and nature of the Services]
1. The Service Provider enables an Advertiser to use the Service consisting in running a Campaign on Publishers’ websites to order an Advertiser.
2. An Advertiser orders a Campaign via email, telephone or within the Advertiser’s Panel, determining Campaign parameters and sending the material comprising the Questpass. Questpass may, in its sole discretion, provide sales support to the Advertiser, in which case Questpass shall, by telephone and email arrangement, determine the parameters of the Campaign for the Advertiser, but the final parameters of the Campaign must be accepted by the Advertiser in the Advertiser Panel or, if Questpass so agrees, by email.
3. Provision of the service for a given Campaign and the Questpasses or Questpass covered by it shall commence at the time agreed upon in the Agreement or Order if the Service Provider accepts the Campaign and at least one Questpass. However, acceptance is made if the Campaign and, respectively, the Questpass comply with the provisions of the Questpass Principles for Advertisers Unaccepted Questpasses are not displayed within the Campaign.
4. Provision of the Campaign Service by the Service Provider is accomplished by the Service Provider displaying Questpasses on a page of the Publisher’s website, such that a user of the Publisher’s website, in order to access the content on that page of the website, must provide the correct answer to the question associated with the advertising content or provide any answer to the Research Questpass. Providing an answer is done by clicking the appropriate button. Providing an incorrect answer triggers a wait of several seconds – answering again is possible only after the waiting time has expired. After providing a correct answer, the user of the Publisher’s website gains access to the content on a given page of the website, with a Reminder Advertisement displayed below the content.
5. The Advertiser undertakes to apply protection of the entrusted data against unauthorised or unlawful processing (destruction, loss, modification, unauthorised disclosure, or unauthorised access to personal data transmitted, stored or otherwise processed) and accidental loss, destruction or damage, by means of appropriate technical or organisational measures (“integrity and confidentiality”)
6. The Advertiser undertakes to allow to process personal data associates or employees who are informed and trained in the safety rules of working with personal data.
§ 5 [Campaign]
1. When ordering a Campaign, the Advertiser orders as part of the Service the number of solved Questpasses at an individually agreed rate per Questpass. Additionally, it may also order Developmental Services. The conditions for providing the above-mentioned services are defined in detail in a separate order.
2. The campaign runs until:
a) the end of the time for which it was commissioned or the number of resolved Questpasses has been exhausted, or
b) its termination by an Advertiser – i.e. as a result of performing an appropriate action in the Advertiser’s Panel.
3. Advertiser acknowledges and fully accepts that Publishers’ Websites participating in the Campaign may change as a result of events beyond Service Provider’s control. In such a case, the Service Provider shall notify the Advertiser and the Service Provider shall not be held liable on this account.
4. The Service Provider may refuse to accept an order to run a Campaign or discontinue an already run Campaign for the reasons specified in § 7(1) of the Terms and Conditions.
§ 6 [Payment for the Campaign]
1. After implementation of the Campaign, Service Provider shall immediately prepare and send or make available to Advertiser a VAT invoice. In case of advance payment of the campaign price, Service Provider shall prepare and send an advance invoice. The final VAT invoice is prepared and sent after the Campaign is completed.
2. VAT invoices are sent in pdf format as an attachment to an email message sent to the address provided by an Advertiser during registration on the Website or, at the Service Provider’s discretion, made available in the Advertiser’s Panel as a downloadable pdf file, to which an Advertiser hereby agrees.
§ 7 [Questpass Content]
1. The Campaign Service involves the Service Provider displaying Questpasses from the Advertiser on Publishers’ websites, and the Service Provider does not verify the legality and compliance with good morals of the advertising content. However, the Service Provider may refuse to accept an order to run a Campaign, or suspend its execution in whole or in part (i.e. for one or more Questpasses) if it becomes aware that the content covered by the Questpass or the content of the landing pages indicated by the Advertiser is contrary to the law or morality, or in the Service Provider’s opinion arouses social controversy or may be negatively perceived by a significant portion of the Questpass audience, or is inconsistent with the Terms and Conditions or rules set forth in the Questpass Rules for Advertisers. Service Provider warrants that in making decisions regarding the matters referred to in the preceding sentence, it will be guided solely by concern for the good name and reputation of the Publishers and Service Provider, as well as the interests of the Questpass audience.
2. Changes to the Questpass already accepted by the Service Provider – if acceptance is required – i.e. the link to the landing page and the content of that page itself, graphics, video, question, answer, post-answer message, and other important elements of the Questpass, require the Service Provider’s approval.
3. The Advertiser warrants that prior to commissioning the Campaign and determining its parameters, including, in particular, its geographic location, the Advertiser has verified the compliance of the advertising materials with the laws of all countries in which the Questpass is displayed and their compliance with custom in those countries, and warrants that the content covered by the Questpass will not violate the laws of any of the countries in which the Questpass is displayed or violate custom in those countries.
4. The Advertiser shall ensure that dissemination of the advertising content submitted by it as part of the Campaign commissioned by it shall not violate the author’s economic rights, personal rights and related rights of third parties, other rights connected with intellectual property, including in particular industrial property rights, with particular consideration given to exclusive rights on trademarks, or rights on intangible assets, including in particular personal rights and the right to decide on dissemination of image and to dispose of it.
5. If any of the assurances referred to in sec. 2 and 3 above proves to be untrue, while:
a) any third party brings a claim against Service Provider for infringement of its rights, or
b) any administrative penalty or criminal sanction or measure is imposed on the Service Provider because of the occurrence of circumstances which the Advertiser assures that do not exist; or
c) Service Provider is ordered to pay to a third party whose rights have been infringed any amount by way of damages, compensation, or costs of prosecution, including litigation costs,
The Advertiser agrees to compensate the Service Provider in full for the damage incurred.
6. The Advertiser, upon submitting the content covered by the Questpass to the Service Provider, consents (grants a license), free of charge, to the dissemination of this content and to the use of this content, including, in particular, by reproducing, displaying, broadcasting, transmitting, making available to the public, by the Service Provider, to the extent necessary to perform the Agreement. The consent referred to in the preceding sentence includes, in particular, the right to technically modify the content covered by the Questpass to adapt it to display on Publishers’ websites. Service Provider is entitled to grant, within the scope of the obtained license, further licenses to third parties with whom it cooperates in the scope in connection with the execution of the Agreement.
§ 8 [Liability of the Service Provider, Complaints]
1. Any liability of the Service Provider for non-performance or improper performance of the Agreement with respect to a given Campaign shall be limited to actual damage sustained by the Advertiser, with the Service Provider being liable without limitation for damage caused intentionally.
2. If the Services were provided incorrectly, the Advertiser is entitled to send a complaint by electronic mail (email) to the Service Provider’s address (indicated in § 1(1) of the Terms and Conditions). A complaint must include (a) a designation of the Advertiser enabling its identification, (b) a detailed description of the irregularity in the provision of the Service, (c) the date on which the irregularity occurred and its duration, (d) an indication of the request related to the complaint.
3. Complaints will be processed immediately, no later than within 30 days from the date of filing. A response to the complaint will be provided via electronic mail (email).
§ 9 [Termination of the Agreement]
1. Service Provider may terminate the Agreement at any time, without notice, if any of the Advertiser’s statements referred to in § 7 prove untrue.
2. For the effectiveness of the termination of the Agreement the documentary form shall be sufficient, while for its preservation the sending of an email shall be sufficient.
§ 12 [Amendments to the Terms and Conditions]
1. Service Provider is entitled to make unilateral changes to the Terms and Conditions.
2. All amendments to the Terms and Conditions shall enter into force within 10 days from the date on which information on the amendments is made available on the Website and shall also apply to Campaigns which are in progress.
§ 13. [Personal data]
§ 14. [Final provisions]
1. Transfer by the Advertiser to any third party of its rights or obligations related to the use of the Website or Services requires the consent of the Service Provider expressed at least in documentary form.
2. The Service Provider is entitled to transfer to a third party its rights or obligations under the Agreement to the Advertiser without the consent of the Advertiser.
3. In matters not regulated herein, the applicable laws of the Republic of Poland shall apply.
4. Any disputes that may arise between the Service Provider and the Advertiser under or in connection with the Agreement, including in connection with the provision of Services by the Service Provider, as well as in connection with the interpretation of the provisions of the Terms and Conditions, shall be settled by a common court of competent subject matter jurisdiction with its seat in Poznań (the Republic of Poland) and under the laws of the Republic of Poland.
5. Each Advertiser has the right to download the content of the Terms and Conditions in a printable format from the website https://questpass.pl/pl/regulaminy/ and save it on its own data carrier.
6. The Terms and Conditions come into effect as of 01/01/2021.