Please read carefully the conditions of subscription to the "Poly CashBack" purchase program (hereinafter, the "Program") to access the services offered by Poly Rewards, S.L. (hereinafter, "Poly CashBack" or "Poly"), a company with C.I.F. (Fiscal Identification Code) B16700551 and with registered office at Alameda Mazarredo 25, Bilbao, 48009, Bizkaia, duly registered in the Commercial Register of Bizkaia, Volume 6119, Folio 81, Section 8, Page BI 79243, I/A 2. The present conditions can be consulted through the website https://www.polycashback.com/ (the "Portal").
These general conditions of subscription to the "Poly CashBack" purchase program are hereinafter referred to as the "Conditions".
The present Terms and Conditions regulate the terms and conditions of subscription to the Program by any natural person, over 18 years of age (hereinafter referred to as "User" or "Users"). The Program allows Users who have successfully subscribed to the Program, to obtain cryptocurrencies on purchases made in stores that are adhered to the Program (hereinafter, the "Affiliated Stores") in accordance with the provisions of any particular terms that may be established by PolyCashBack in its Program and of which it properly informs the User. In Poly we work to offer a wide selection of Affiliated Stores, however, we cannot guarantee the permanent availability of all of them because the list may vary at any time.
In order to obtain cryptocurrencies, the User must purchase products and/or services through the portals, applications and any other type of online service of the Affiliated Stores.
By checking the
I have read and agree to these Subscription Terms box, you confirm that you have read and agree to these Terms and, accordingly, you enter into a legal relationship with PolyCashBack in accordance with these Terms, agreeing to comply with the provisions contained herein to the fullest extent and scope, without exception to any of its provisions.
The purpose of this document is to regulate your status as a User and to establish the mechanisms by which you may obtain cryptocurrencies as a result of the purchase of products and/or services through the Affiliated Stores of the Program offered by Poly CashBack. The Affiliated Stores offer special conditions to Poly CashBack in the retail rates in connection with each of the purchases made in such stores, Poly CashBack sharing part of this benefit with its Affiliated Users as part of its business, granting the possibility of obtaining a reward in the form of cryptocurrencies, provided that the Terms and Conditions of the Affiliated Store applicable to the purchase are met and provided that Poly CashBack benefits from the special conditions offered by the Affiliated Stores.
In order to become a User (Affiliate), you must reside in one of the countries where Poly provides its services and create your "User Account" that allows you to access the Program, for which you must generate your username and password through our Portal. In addition, you must download the Chrome browser extension called "Poly" available through our Portal.
The condition of User, as well as the User Account, is personal and non-transferable; therefore, each user may not have more than one profile, and participation in the Program is limited to a single use.
All Users, in addition to complying with the rest of the matters set forth in these Conditions, shall be subject to the following obligations:
2.1. The User shall always be an individual over 18 years of age. In case Poly detects any type of irregularity, it will automatically terminate this contract.
2.2. It is forbidden for minors to register as users in the Program through the Portal.
2.3. The User assumes responsibility for the access to the PolyCashBack Program, with the proper use of his user account and the correct use of all these elements in accordance with the provisions of these Conditions. For these purposes:
2.3.1. The User must choose prior to registration access keys to the Portal. These access keys will consist of the choice of a user name -user's email- and a password that will be necessary to enter to access the Platform through the Portal as a registered user. The user may eventually be asked for a telephone number to verify his registration.
2.3.2. The passwords are for the exclusive use of the registered User and he/she is obliged to make an individual and legal use of them and not to provide them to third parties. In the event that the User wishes to change his passwords, he may do so by following the instructions provided by Poly CashBack via email or the Portal.
2.3.3. The User shall be solely responsible for the correct use of his/her passwords. All transactions and/or collection of rewards ordered by the User through the use of their keys and passwords shall be presumed to have been made by the User unless the User proves otherwise.
2.3.4. The User shall be liable for damages resulting from misuse of his access data by third parties.
2.3.5. Poly CashBack shall have the right to cancel or withhold any pending reward from any User suspected of or acting in a manner that is unfair, fraudulent, detrimental to any third party or unlawful, until such time as such circumstance ceases to exist, as well as to terminate this Agreement.
2.3.6. The User must comply with all legal and / or tax obligations that may be applicable as a result of the activity that develops through the Portal through its Platform.
2.3.7. The User undertakes to indemnify Poly CashBack against any possible claim, fine, penalty or sanction that it may be obliged to bear as a result of the breach by the User of any of the rules of use of the Program, and Poly CashBack also reserves the right to request compensation for damages and / or losses that may correspond to it.
All purchases of products and/or services in the Affiliate Store must be made through the means that PolyCashBack makes available to the User to manage purchases, such as internet portals, mobile applications, browser extensions, etc. (hereinafter, all of them will be referred to as "PolyCashBack Means").
In addition, under User Account, the User will be able to know the rewards received and those that he/she has pending to receive. This information, as well as the User account, cannot be considered as a credit right in favor of the User. In this sense, PolyCashBack only acquires cryptocurrencies to transfer them to the User, when, in accordance with the Conditions, the User is entitled to receive his reward.
The User Account in which the list of operations on which the User is entitled to receive a reward appears, is not a financial account and does not have a balance in Euros, cryptocurrencies or any other fiat currency or cryptocurrency in its name. This information is a simple record of the rewards that the User may become eligible to receive if all the requirements set forth in these Conditions, as well as in the special terms and conditions of the Affiliated Stores are met, without in any case this having the consideration of a credit right or any other type of secured obligation.
Poly CashBack receives from the Affiliate Store the benefits it provides to Poly CashBack as an affiliate and part of which Poly CashBack shares with the User as its reward.
4.1. To obtain cryptocurrencies the User must:
4.1.1. Register and Login as a User, in one of the Poly CashBack Media.
4.1.2. Using the shopping links within the Poly CashBack Media.
4.1.3. Have cookies enabled for Affiliate Stores.
4.1.4. Not to use AdBlockers.
4.1.5. Complete the purchase transaction in one of the Affiliated Stores during the same shopping session initiated after clicking on the purchase link. Once the purchase transaction is completed, the User must delete the cookies.
4.2. Poly Cashback Browser Extension:
One of the means that Poly CashBack may make available is a browser extension for officially supported browsers, Chrome and Firefox or any other browser that may eventually use this technology now or in the future ("Supported Browsers"), to enhance your shopping experience ("Poly CashBack Browser Extension").
If so, use of the Poly CashBack Browser Extension is subject to the following additional terms:
4.2.1. When you visit an Affiliate's website, the Poly CashBack browser extension will create a tracking ticket and initiate a shopping session, or visually prompt you to press a button to initiate your shopping session, so that you can receive your Reward. If you do not log in and make a purchase, you will not receive the Reward.
4.2.2. The Poly CashBack Browser Extension may also alert you to a promotion, campaign, coupon or offer regarding a product or brand that appears in your search results or other pages you visit on the web and prompt you to log in to shop on an Affiliate Store's site.
4.2.3. If you initiate a shopping session using the Poly CashBack browser extension, a cookie will be installed on your computer for the purpose of tracking your shopping session and crediting your Reward. Please note, however, that if you are referred to an Affiliate Store's website, from another affiliate marketing company (and therefore cookies or other similar tracking devices from such other affiliate marketing company are already present on your computer), the Poly CashBack browser extension may not be activated and you will not be able to initiate a shopping session that would enable you to earn your Reward. The User is required to verify that they are making their purchase with the PolyCashBack Browser Extension in order to obtain the reward.
4.2.4. When you install the Poly CashBack Browser Extension, we will collect and store the identities of the Affiliate Stores with which you initiate a shopping session that allows you to obtain your cryptocurrency reward, including the URL indicating where such session was initiated.
4.2.5. The Poly CashBack Browser Extension periodically communicates with our servers. We may update the Poly CashBack Browser Extension when a new version is released or when new features are added. Unless the User disables automatic updates, these updates occur automatically. If you disable automatic updates, you must manually update the Poly CashBack Browser Extension to ensure that all such updates (e.g., security patches, bug fixes, new features, etc.) are added. It shall be the User's responsibility to keep the PolyCashBack Browser Extension up to date.
4.2.6. Poly CashBack will keep track of the activation of the Poly CashBack Browser Extension in order to be able to check whether at the time of purchase you had it activated in your shopping session. Therefore, any issue regarding the loss of reward for not having the Poly CashBack Browser Extension properly activated will be resolved by checking such information. The User agrees that the validation of the activation will be carried out through the information made available by Poly CashBack.
4.3. Poly Cashback Mobile Application:
Poly CashBack may make available to its users as Poly CashBack Media a mobile application for officially supported mobile operating systems, currently iOS and Android ("Supported Mobile Operating Systems"), to enhance their shopping experience ("Poly CashBack Mobile App").
If so, use of the Poly CashBack Mobile Application is subject to the following additional terms:
4.3.1. The Poly CashBack Mobile Application will aggregate and present only the Affiliated Stores where the User can make purchases that will enable them to earn the cryptocurrency reward. Upon selecting one of the Affiliated Stores, the Poly CashBack Mobile Application will create a tracking ticket and initiate a purchase session using the mobile application of the Affiliated Store, within the Poly CashBack Mobile Application itself.
4.3.2. If you initiate a shopping session on an Affiliate Store site within the Poly CashBack Mobile Application, a cookie may be set on your device, visible only on the Poly CashBack Mobile Application, for the purpose of tracking your shopping session and crediting your cryptocurrency rewards.
4.3.3. In the event that this service can be performed from the App, if and when this functionality is available, in the event that a shopping session is initiated in the native application of an Affiliate Store through a link from the Poly CashBack mobile application, the Affiliate Store may track your use of its Poly CashBack mobile application in order to link your purchase to the Program and you may receive the reward in cryptocurrencies. In order to perform this activity and to enable the User to receive your reward, Poly CashBack and the Affiliate Store may share cookies or other tracking identifiers necessary for the sole purpose of enabling the User to obtain your reward.
4.3.4. When installed, the Poly CashBack Mobile Application maintains periodic communications with our servers. We may update the Poly CashBack Mobile Application when a new version is released or when new features are added. Unless you turn off automatic updates, these updates occur automatically. If you turn off automatic updates, you will need to manually update the Poly CashBack Mobile Application to ensure that all such updates (e.g., security patches, bug fixes, new features, etc.) are added. It shall be the User's responsibility to keep the Poly CashBack Mobile Application up to date.
When there is a purchase in an Affiliated Store by the User, within the User's private area accessible through the Portal, a transaction will be generated with a purchase date, indicating the day on which the purchase was made and the value in FIAT - euros, dollars or other non-crypto currencies, depending on the availability of the service - of the reward that the User may receive once the Affiliated Store establishes that there is a Verified Purchase, i.e. once the period of a possible return has elapsed (approximately 100 days after the date of purchase), together with this indication the User will be able to see the equivalent in cryptocurrencies for which, at that moment, the value FIAT euros, dollars or other non-crypto currencies is exchanged, according to the availability of the service. The User will be able to calculate the amount of cryptocurrencies he/she will receive by consulting the Poly CashBack Rewards Policy.
Once the Purchase is verified by the Affiliated Store, Poly CashBack will convert the value of the euros into cryptocurrencies or, eventually, into their fraction, at the value of the specific moment and day on which Poly CashBack performs the redemption. At that time, the User will be able to see the accumulated cryptocurrencies in his User Account. The determination of the applicable rate for the conversion of euros to the above cryptocurrency shall be subject to the exchange rate that may be set by the currency exchange service provider used by Poly CashBack and may not exceed 2%.
Upon receipt of their reward in the form of cryptocurrency, the User will have the option to convert their reward to another cryptocurrency available in the Poly CashBack portfolio. To perform such conversion Poly uses a third-party provider. Poly reserves the right to apply a conversion fee of up to 2% of the total value of the reward.
For the purpose of calculating cryptocurrencies the amount in value in FIAT euros, dollars or other non-crypto currencies, depending on the availability of the service to be used to transform the reward into cryptocurrencies will correspond to the net amount of the purchase, i.e. after excluding taxes, applicable fees, shipping costs or other costs that may be applied by the Affiliate Store, such as gift packages, recording of messages on the products, etc.
Rewards in cryptocurrencies will not be generated when there are other promotions, offers, discounts or promotional campaigns offered by the Affiliated Stores or third parties from which the User benefits during the purchase process.
Gift card purchases may not be eligible for a reward, depending on the Affiliate Store or third party from which they are purchased.
Cryptocurrency amounts vary by Affiliate Store and product category and may contain exclusions in the terms of the offer.
It shall be the User's obligation to read, know and understand all terms of each term applicable to the particular purchase. Poly CashBack makes all reasonable efforts to ensure that you have all current information and exclusions applicable to each product.
Poly CashBack reserves the right to withhold, deny or cancel any bonus and/or reward and/or terminate your account if Poly, in its sole discretion, deems any bonus and/or reward to be fraudulent, abusive, unethical, suspicious or inconsistent. This includes, but is not limited to, the act of author referencing multiple accounts, whereby a User refers himself or herself to more than one email address to obtain multiple sign-up bonuses.
Poly CashBack may deduct cryptocurrency credits or the value in FIAT- euros, dollars or other non-crypto currencies, depending on the availability of the service- from your User account to make adjustments for returns and cancellations with respect to purchases made at the Affiliated Stores. However, such adjustments will be made in accordance with these Terms, the applicable Poly CashBack policies and terms, the terms of the applicable Affiliate Store offerings and any rules that may apply.
In the event that the Affiliate Store fails to report a transaction to Poly CashBack or fails to make payment to Poly CashBack for any reason, Poly CashBack shall not be liable for the non-receipt or cancellation of the reward derived from a purchase made by the User at one of the Affiliate Stores.
It is the User's responsibility to check his/her User Account regularly to ensure that his/her rewards have been correctly attributed and accrued, and that his/her User Account balance is accurate.
If you believe that any reward has not been properly credited to your User Account, you must contact Poly CashBack within ninety (90) days after the transaction by sending an email to the following address: [email protected].
If you do not agree with the adjustments made to your Account or the payments made to you, please agree that your only recourse is to withdraw from the Program.
A product purchased from any Affiliate Store through the Program is governed by and subject to the Terms of Purchase and other terms and conditions applicable by the Affiliate Store itself, including applicable exchange and shipping policies, some of which may prohibit you from receiving cryptocurrency rewards on any returned or exchanged product regardless of the original estimated reward on the initially purchased good or service.
The User must be aware of all the conditions applicable to the purchase established by the Affiliated Stores.
Poly CashBack does not act as a mediator, agent, distributor or in any other way on behalf of the Affiliated Stores. These entities operate independently from Poly CashBack and therefore our Company assumes no liability whatsoever in connection with the purchases of products in the Affiliated Stores, nor with their offers, promotions, deliveries or returns of products and/or services, availability of their e-stores, etc.
The User must comply with the following conditions in order to receive the collection of rewards and to be able to transfer cryptocurrencies/value in FIAT- euros, dollars or other non-crypto currencies, depending on the availability of the service-your account and/or wallet:
8.1. The User must keep his/her User Account active.
8.2. The User Account must correctly indicate the information necessary to process the transfer: a valid email address where you can receive email, a wallet (address that accepts sending cryptocurrencies where to receive transactions), a valid bank account in Europe, your first and last name, and a password to protect your Account, a cell phone number owned by the account holder and possibly an official ID. It may be necessary to include a double authenticity factor for the purpose of ordering the transfer.
8.3. The User may decide to order a transfer to his bank account - only for Users residing in Europe and with an account opened in a European entity - and/or to his cryptocurrency wallet at the time he/she decides. For these purposes the User must request the delivery of the rewards, for this purpose he/she must click on a specific button intended to request the payment of the amounts accrued through the Users account. The minimum amount to be withdrawn is 20,00€. The User will not be able to request the transfer of the rewards if Poly CashBack has not previously received the payment of the rewards from the Affiliated Stores. Therefore, the application will not allow the request of rewards while this circumstance has not occurred, or until there is a Verified Purchase or while there is any kind of doubt about the proper obtaining of the reward, as well as its request.
8.4. After receiving the payment request, Poly CashBack will proceed to send the funds to the appropriate bank account or to the wallet indicated in case of cryptocurrencies, within 30 business days after receiving the request; provided that there is no circumstance that prevents the payment within that period.
8.5. Poly CashBack reserves the right to withhold any amount of the User's rewards for the purpose of complying with any regulatory or tax provision that may be applicable. Notwithstanding the foregoing, the User agrees that it will comply with all legal, tax and any other obligations it may have to comply with as a result of obtaining rewards through the Program.
8.6. Poly CashBack will be released from any obligation by transferring the amounts to the last bank account provided by the User in its data and/or to the wallet indicated.
8.7. The User shall be solely responsible for complying with the tax and/or fiscal regime that may be applicable as a result of the losses and/or gains derived from its rewards.
The User exempts Poly CashBack from all liability, to the maximum extent permitted by law, for all damages that may be caused to it by causes directly not attributable to Poly CashBack or beyond its control, in particular and without this enumeration being understood as limiting:
Force majeure or fortuitous event, over which Poly CashBack could not reasonably have influenced.
As a result of interference by third parties in the communication and transmission systems used by Poly CashBack or by the User.
Due to malfunction or interruption of the services and/or the Platform by virtue of fraud, fault, error or any type of act attributable to the User or third parties.
In the event of loss or destruction of the data recorded in the Application.
In the event that the transmission of data through the Application is not carried out correctly or is done in an incorrect, inaccurate, incomplete, distorted or delayed manner.
Arising from the existence of viruses, Trojan horses or other malicious software elements.
In no event shall Poly CashBack be liable for the volatility of cryptocurrencies.
Likewise, the maximum liability of Poly CashBack arising from the execution of this contract shall be limited, where permitted by law, to the maximum amount of rewards effectively received in their value in FIAT - euros, dollars or other non-crypto currencies, depending on the availability of the service - by the User in the months prior to the time when the harmful event occurs.
Poly CashBack does not guarantee in any case the suitability of the products, services or goods offered or purchased through its Program, nor does it assume any responsibility or offer any guarantees of any kind or nature in relation to the fulfillment or non-fulfillment of the obligations that correspond to the owners and/or suppliers of such products, services or goods, including, but not limited to, the conditions of the offers made. Poly CashBack is completely unrelated to the relationships that may be established between the Interested Parties and the aforementioned companies.
Poly CashBack owns all the exploitation rights of the products and software that support the services, as well as those related to the Application and any documentation concerning them and/or any intellectual creation that may be made available to the Users (hereinafter; the contents). In this sense, Poly CashBack grants the User a non-exclusive right of use of such content, although strictly limited to the fulfillment of this contract. In no case shall the User have any additional right over the creations of Poly CashBack or third parties made available to it as a result of the execution of this contract.
Poly CashBack may, at any time, suspend or terminate the services offered through its Program, without this circumstance entitling the User to claim to PolyCashBack for any concept; beyond obtaining the rewards effectively generated by having verified their purchases until the time of termination of the service. In any case, after a maximum period of three (3) months from the last day in which the User can request the transfer of their verified rewards without this circumstance having occurred, the User will lose the possibility of obtaining their rewards.
Likewise, the contractual relationship between PolyCashBack and the User will be automatically terminated, without the possibility of any compensation for damages caused, in the following circumstances:
In the event that the User communicates to Poly CashBack, in any way, its intention to terminate the agreement.
In case the User does not accept possible modifications to the terms applicable to the present contract that may be made available to him/her through the Program itself and Poly CashBack's Media. For breach of the obligations assumed by the User.
For breach of the obligations assumed under the Conditions by the User and/or in case Poly CashBack detects any suspicious activity associated with the User Account that could involve fraud, impersonation of other Users, as well as any other type of illicit activity. In these cases, the User Account of the offender will be deactivated and it will not be possible to login, view and/or use the balance associated with the User Account. Also, in such cases the User will not be able to claim from Poly CashBack the rewards generated by the Verified Purchases.
The termination of this contractual relationship for any reason will cause the User's Account to become inactive. Thus, the User will not be able to participate in the Program for future purchases. The User's Account will remain in this inactive status until one (1) year has elapsed without a login to the User's Account, which will be permanently deactivated. In any case, the User will receive an e-mail notification informing him/her of the deactivation of his/her User Account.
User may not assign its rights and obligations under this Agreement, in whole or in part, without Poly's prior written consent. Therefore, any such assignment without Poly's prior written consent shall be null and void.
These Terms represent the entire agreement between Poly and you with respect to the Program and supersede all prior or contemporaneous agreements or representations, written or oral (including, without limitation, prior versions of these Terms that you may have accepted). Poly reserves the right to modify these Terms at any time. Your failure to terminate and continue participation in the Program or use of any of the Poly CashBack Media after the modification of the Terms will constitute your affirmative acceptance of your modification and your consent to be bound by the terms of the modification.
In the event that any of the terms of these Conditions are illegal, invalid or no longer applicable, the remainder of these Conditions shall continue to have effect.
These Terms and Conditions shall be governed by the laws of Spain.
Any controversy that may arise between the User and Poly CashBack in relation to the present Conditions, the User and Poly CashBack agree to submit it, expressly waiving any other jurisdiction that may correspond to the Courts and Tribunals of the city of Madrid.