Art. 1. GENERAL PROVISIONS

1. The Organiser of the promotional programme called “MYHEALTH Club”. (hereinafter referred to as the “Programme” or “Club”) is AQUA Futura spółka z ograniczoną odpowiedzialnością with its registered office in Gliwice, entered into the register of entrepreneurs of the National Court Register kept by the District Court in Gliwice, 10th Commercial Division of the National Court Register under KRS (National Court Register Number): 0000383019, NIP (Tax Identification Number): 9601591763, hereinafter referred to as the “Organiser”.
2. Organiser’s address is: 44-105 Gliwice, ul. Błogosławionego Wincentego Kadłubka 12, phone: +48 502 410 705, +48 602 290 482 , e-mail: biuro@aquafutura.pl, endomajek@poczta.onet.pl
3. The Club Regulations are available on the website myhealth-water.com (“Website”). Any other information related to the Programme is only of an auxiliary or instructional nature.
4. The Programme indicated in point 1 is conducted on the territory of the Republic of Poland.
5. The purpose of the Programme is to enable Participants to benefit from special purchase conditions or special promotions for Products offered by the Organiser (hereinafter referred to as the “Product” or “Products”).
6. The Participant is entitled to claim any rights that could be derived from provisions of the Programme before a competent common court.
7. Participation in the Programme is voluntary.
8. The Programme is not a game of chance, a raffle, a mutual bet or a promotional lottery, the outcome of which depends on chance within the meaning of Art. 2 of the Gambling Law Act of 19 November 2009 .
9. This Programme is implemented by the Organiser as a public promise within the meaning of Art. 919-921 of the Civil Code.
10. The Participant, when joining the Programme, should read the content of these Regulations. The Participant undertakes to adhere to the rules contained therein as well as confirms to meet all the conditions that entitle it to participate in the Programme. The Organiser is not responsible for the accuracy of the data provided by the Participant, but has the right to verify them in accordance with the provisions of Art. 2 of the Regulations.

Art.2. MYHEALTH CLUB MEMBERSHIP RULES

1. The Programme shall only be open to:
   • natural persons of legal age having full legal capacity, residing in the territory of the Republic of Poland,
   • legal persons,
   • organisational units which do not have legal personality but which have legal capacity as referred to in Article 33¹
     that during the Programme period will correctly register their participation on the Programme website (hereinafter: “Participant”, “Participants”).
2. The correct registration in the Programme consists in filling in the Internet form available on the Programme website (available at: www.myhealth-water.com), in which the Participant is obliged to provide:
   • name, surname, company name
   • the mobile phone contact number,
   • email address,
   • the address of residence or registered office, as well as the delivery address if different from the address of residence or registered office, together with the number of the premises, floor and intercom number,
   • in case of Participants other than natural persons – registration data: KRS number, Registry Court and NIP number, as well as those indicated in letter (a) – (c) the identity of natural persons representing such Participants,
   • confirmation that you have read the Regulations, and in the case of natural persons (including representatives of Participants other than natural persons) – consent to the processing of personal data for purposes related to participation in the Programme; consent to the processing of personal data is voluntary, however, necessary to participate in the Club.
3. Application for participation in the Programme must be made in the manner indicated in the Regulations. Failure to comply with any of the conditions for participation will invalidate your application to the Programme.
4. The Organiser reserves the right to verify whether the Participant meets the conditions specified in these Regulations. For this purpose, it may require the Participant to submit certain statements in writing, provide specific data or submit certain documents necessary for proper participation in the Programme. Failure to comply with the conditions arising from these Regulations or unjustified refusal to comply with the above requests after conducting an investigation may result in refusal to register a given Participant in the Programme or loss of membership in it.
5. The Organiser will confirm the registration of the Participant in the Programme by sending a welcome email to the email address provided by the Participant in the application form. In the message referred to in this point 6, the Organiser will inform the Participant about the number of the Participant assigned individually. The Participant is obliged to acknowledge the receipt of the message from the Organiser by replying to it or by using the hyperlink provided in the message. Upon sending such an email to the Organiser (or upon using the hyperlink), the person who has registered, is granted the Participant status.
6. After the registration of a Participant that is a consumer within the meaning of Article 22¹of the Civil Code, the Organiser will send to such a Participant an electronic message (email) to the email address provided by the Participant confirming the fact of concluding a remote agreement with the content corresponding to these Regulations, to which the message will be attached with a pdf file containing these Regulations and a specimen declaration of withdrawal from the remote agreement; this specimen declaration is attached as Annex 2 to these Regulations.
7. The Participant is entitled to update the data given in the application form at any time by reporting it to the Organiser.
8. Details of the processing of the Participant’s personal data shall be set out in a separate document provided to the Participant or to the Participant’s representative, who are natural persons.
9. The Participant who expresses interest may be granted the status of Product Referrer. Detailed terms of cooperation between the Organiser and the Product Referrer are specified in a separate document – an agreement specifying the terms of cooperation with the Product Referrer.

Art.3. RIGHTS AND CONDITIONS OF PARTICIPATION IN THE CLUB

1. After joining the Club, the Participant will be able to take advantage of a special discount on the catalogue price specified in the Price list for the purchase of Products according to the detailed conditions set out in Annex 1 – “MyHealth Subscription Packages – Price list” and will have access to the benefits resulting from the successful recommendation of participation in the “Club” to non-Participants – on the terms described in the agreement specifying the terms of cooperation with the Product Referrer.
2. The Organiser reserves the right to update prices and amounts of discounts specified in Annex 1. Such amendment shall require the Participants to be notified by email of a planned amendment to Annex 1 at least 30 days in advance of the amendment date. Annex 1 in the version applicable after the amendment will be attached to the message referred to in the previous sentence.
3. In order to maintain participation in the Club, the Participant undertakes to purchase at least one Subscription Package in any selected range from those described in Annex 1 in each calendar month. A detailed description of the Subscription Packages is also set out in this Annex. For this purpose, the Participant undertakes to submit to the Organiser by the fifteenth day of each month a relevant order via email to biuro@aquafutura.pl or myhealth-water.com/orders. After placing an order, the ordering Participant is obliged to make a prepayment in the amount corresponding to the quantity and value of the ordered Products in accordance with the current Price list and including discounts.
4. The Participant undertakes to pay for the ordered Subscription Packages in the form of prepayment to the Organiser’s account in one of the following ways:
   • bank transfer to the Organiser’s account: 06 1090 1766 0000 0001 4871 4244, held in Santander Bank Polska SA,
   • by means of a payment (credit) card, if the Organiser provides such a possibility,
   • by means of a standing credit transfer order, consisting in issuing by the Participant to the payment service provider an instruction to transfer a specified amount from the Participant’s bank account to the one indicated in point 4.1. the Organiser’s bank account; this method of payment requires submission of an appropriate instruction (according to the established template) to the bank maintaining the Participant’s bank account.
5. The order will be completed within a maximum of 5 working days from the date of successful submission of the order via the email address provided, and from the date of crediting the Organiser’s account as indicated in point 3 with a corresponding prepayment amount. Courier will make delivery to the address indicated on the order at the expense of the Organiser, in accordance with the Price list contained in Annex 1.
6. In order to optimize the delivery process, the courier will receive an appropriate telephone number of the Participant indicated during registration. In the event of its change, the Participant is obliged to inform the Organiser as soon as possible (in any case not later than at the time of placing the next order for the Products) using the appropriate contact form placed on its website.
7. The delivery address is the address provided when registering the Participant. In the event of its change, the Participant is obliged to inform the Organiser about the change according to the rules specified in point 6.
8. Club members will receive monthly (until the 10th day of the month) SMS or email reminding them to place an order. If the order is not placed by the 20th day of the month, a reminder will be sent again.
9. If the Club Member fails to submit an appropriate order for the Product’s monthly package within the required time, the Organiser reserves the right to temporarily suspend the previously acquired rights for a period of 2 months for the first breach of these obligations or for 6 months at the next breach. This suspension shall also apply to additional commissions and discounts already acquired by the Participant and shall lead to:
   1. reduction of the rebate referred to in sec. 1, during the first two months of the suspension by half (50%);
   2. the loss of the right to benefit from the special offers referred to in sec. 11 below and the right to receive the awards referred to in sec. 12 below;

The right to suspend does not apply if the Participant purchases a minimum of five (5) Subscription Packages in the 3 months immediately preceding the month in which it did not fulfil the obligation referred to in sec. 3.

1. Suspended rights may be reinstated before the period for which they have been suspended, in case of return to regular orders.
2. The Organiser also reserves the right to address other special offers to Participants resulting from promotional campaigns carried out by the Organiser. The terms of such promotional campaigns will be each time specified in the regulations attached to the email with a given offer.
3. The Organiser also reserves the right to address other special prizes in kind to Participants who meet certain requirements regarding the volume of purchases and time of participation in the Programme. Detailed conditions for receiving such prizes shall be specified in separate regulations.

Art.4. COMPLAINT PROCEDURE

1. Complaints regarding the Programme may be submitted in writing to the Organiser’s address: 44-105 Gliwice, ul. Bl. Wincentego Kadłubka 12 or by email to the email address: biuro@aquafutura.pl, with the note “MyHealth Club – complaint”, but this note is not necessary.
2. A written complaint should include the name and surname or business name of the Participant, the Participant’s ID number, as well as a detailed description and indication of the reasons for the complaint.
3. The Organiser will consider complaints on the basis of these Regulations.
4. Complaints will be considered within 14 days from the date of receipt of the complaint. The Organiser will inform about the way the complaint will be dealt with in writing or by email.

Art.5. PERSONAL DATA PROTECTION

1. Personal data of the Participants – natural persons and natural persons representing the Participants will be processed to the extent necessary to run the Programme, fulfil orders, accountancy purposes, handle complaints and assert/defend claims in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) of 27 April 2016.
2. The administrator of personal data of the Programme Participants is AQUA Futura Sp. z o.o. with its registered office in Gliwice, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Gliwice, 10th Commercial Department of the National Court Register under KRS number 0000383019, NIP: 9691591763.
3. The provision of personal data is entirely voluntary, however, necessary to take part in the Programme. The persons making the data available shall have the right to access their data, to  make corrections thereof, demand its deletion, restrict its processing, control its processing, the right to obtain a copy of the data, the right to transfer it and object to the processing of data for direct marketing or profiling by the Organiser. Objection or any other requests concerning personal data shall be submitted to the Organiser for his data specified in point 2 above. Persons making the personal data available also have the right to withdraw their consent to the processing of personal data at any time. Withdrawal of consent does not, however, affect the Organiser’s right to process the data, which was exercised before the withdrawal of consent, as well as the right to process the data in accordance with the provisions of the GDR or other legal acts.

Art.6. PROVISIONS OF ELECTRONICALLY SUPPLIED SERVICES

1. Within the framework of the Programme, the Organiser provides services to the Participants by electronic means. Services provided by electronic means for the purposes of these Regulations shall be understood in particular services such as:
   • making these Regulations available on the Website,
   • enabling Participants to register their application via the Website;
   • enabling communication between the Organiser and Participants via SMS or email.
2. The agreement  for the provision of services by electronic means is concluded when the Participant displays the Website, SMS or email content. The agreement is concluded for the period of participation in the Programme.
3. Services provided by electronic means are free of charge and provided by the Organiser only to the extent necessary to run the Programme.
4. The User of the Website, who is not a User or until the User status is obtained, may at any time terminate the agreement for the provision of services by electronic means by leaving the Website or by deleting the SMS / email.
5. The technical condition  indispensable for use of the services provided by electronic means is having a web browser installed, e.g. Internet Explorer 11.0, Mozilla FireFox 14.0, Opera 14.0, Chrome 10.0 or appropriate applications for a mobile phone.
6. The use of electronic services under the Programme may involve risks for the Participant as an Internet user. The risk related to the use of services provided by electronic means consists, in particular, in the risk of infecting the Participant’s IT system with software aimed at e.g. spying on the use, theft of important data, causing the inability to run the system, spam, deletion of data, etc.
7. To avoid the risks referred to in point 7. above, the Participant should supply the equipment it uses to connect to the Internet with an antivirus program and regularly update this program.
8. The Organiser uses system security and constant IT assistance on its own. The communication between the Participant’s computer and the Organiser’s server is encrypted using the SSL (Secure Socket Layer) protocol.
9. The Organiser informs that the Programme’s IT system may use the so-called “cookies”, i.e. small text files that are used to identify the User’s browser for statistical and sales analysis purposes. Cookies are not used to collect personal data, they are harmless to the computer, software and data. Deactivating the cookies option is possible by changing the settings of the Participant’s web browser and does not result in the inability to use the functionality of the Programme.
10. The provision of services by electronic means is provided on the terms set out in the Regulations and in accordance with the applicable regulations.

Art.7. RIGHT OF WITHDRAWAL  CANCELLATION OF PARTICIPATION IN THE CLUB. EXCLUSION.

1. The Participant may resign from the Programme at any time with 1 (one) month’s notice, effective at the end of a calendar month, by sending a written request to the correspondence address or email address given in 1 point. 2, with a note on the envelope or in the title of the email message “MyHealth Club – Resignation”. Resignation from participation in the Programme is tantamount to termination of the agreement for participation in the Programme with the abovementioned notice period.
2. In the case of Participants who are consumers, such a Participant may withdraw from the agreement on participation in the Programme within 14 days from the date of registration in the Programme, without giving any reason and without incurring costs. The Participant may submit a statement of withdrawal on the form constituting Attachment 2 to the Regulations. A Participant who is a consumer may also make a statement of withdrawal in another form.
3. The Organiser may exclude a Participant from participating in the Programme in the event of violation of the provisions of these Regulations, in particular by providing false data in the Application Form. The Participant will be notified in writing about the fact of exclusion from the Programme. Exclusion from participation in the Programme is tantamount to termination of the agreement on participation in the Programme without notice.
4. The Organiser may also exclude a Participant from the Programme if the Participant does not place orders for Products for a period longer than 3 months. The Organiser will inform the Participant about the intention to exclude the Participant from the Club by sending an appropriate message to the email address provided during registration. If a Participant after receiving the message does not place an order for the Products within 30 days from the date of sending the message, the Organiser may exclude the Participant from the Programme.
5. If a given violation entitles the Organiser to suspend or exclude the Participant, it is up to the Organiser to choose one of these rights.
6. In case of cancellation, withdrawal or exclusion from the Programme, any commissions and discounts accumulated by the Participant will be cancelled on the date of delivery of the termination of the Programme membership.
7. The Organiser reserves the right to block the possibility of re-entering the Club to a Participant who was previously excluded from the Club in accordance with the content of points 3 and 4 hereinabove.

Art.8. DISCOUNT POLICY

MyHealth Club

1. Fixed discount of 20% when fulfilling the regulations described in the Regulations.
2. ONLY Club members are offered discount coupons for purchases made by new consumers introduced to the Club members – in the amount of PLN 10,- per EACH box of any Product purchased – throughout the entire period of that person’s membership in the Club.
3. One-time discount vouchers will also be assigned to a Club member for each one-time purchase made on its recommendation outside the Club and identified by the new consumer’s referral ID number – in the same amount as for purchases made by the new Club members.

Art.9. FINAL PROVISIONS

1. Participation in the Programme may involve costs to be borne by the Participant to the entities supplying telecommunications services (access to the Internet, use of means of distance communication, etc.), postal services (sending postal items) or courier services. To determine the amount of such costs, the User should contact the relevant telecommunications or postal operator or an entity providing courier services and, in particular, obtain from them a Price list of the services provided.
2. The Organiser reserves the right to change the Regulations. The change shall take effect on the date indicated in sec 1. 5 below.
3. The Participant will be notified of such changes and will be able to accept them upon the first login to its account in the Programme, starting from the moment the changes take effect. Refusal to accept the changes is tantamount to resignation from participation in the Programme. The provisions of Art. 7 point 1 and 4 shall apply to such resignation, however, during the notice period the Participant is bound by the Regulations in their current wording.
4. Changes in the Programme Regulations may not affect the rights acquired by the Participants until the date of the change in the Programme Regulations.
5. Information about the change or termination of the Programme will be posted on the Website and in addition – by the date of posting the information on the Website at the latest – each Participant will receive such information via email. The Programme will be completed no sooner than 30 working days after the date of announcement. The change of the Programme will take place not earlier than after 14 calendar days from the date of announcement. The date of announcement of change or termination of the Programme should be understood as the date of publication of relevant information on the Website.
6. In case of cancellation of the Programme, any commissions and discounts accumulated by the Participant will be cancelled on the date of delivery of the termination of the Programme membership as determined in accordance with point 2. 5 above.
7. The Annexes to the Regulation shall form an integral part thereof. All other regulations and rules referred to in these Regulations shall have the same status as the Annexes.
8. In matters not regulated by the regulations, the generally applicable laws in Poland, including the Civil Code, shall apply.
9. The regulations shall apply from 25 May 2020.