This Offer governs solely participation in the PodoCard referral program. Use of the Service, personal data processing, intellectual property rights and other general matters are governed by the current PodoCard Terms of Use and Privacy Policy, which apply to the Partner in the relevant part. In the event of a conflict regarding participation in the referral program, the provisions of this Offer prevail.
This Offer is a proposal to conclude an agreement in electronic form in accordance with Articles 205, 207, 641 and 642 of the Civil Code of Ukraine and Articles 11 and 12 of the Law of Ukraine “On Electronic Commerce”.
1. Parties and acceptance
1.1. The Offer is a proposal by Individual Entrepreneur Anna Andriivna Serdiukova, taxpayer number 3117915209, address: Kyiv, 52 Tyraspolska St., bldg. 3, apt. 226 (hereinafter — the Administration), to conclude an electronic agreement on participation in the referral program.
1.2. Adult individuals with legal capacity, individual entrepreneurs, as well as non-resident individuals and legal entities for whom the program is available in the Service (hereinafter — the Partner) may join.
1.3. The Partner accepts and signs the Offer in the Service by logging in to their account, reviewing the text of the Offer, giving consent to the use of a graphic signature, applying a handwritten graphic signature with a finger, stylus or any other available means in the relevant field, and pressing the “Sign”, “Accept” or another button with equivalent meaning. From the moment these actions are performed the agreement is deemed concluded.
1.4. The parties agree to use the graphic signature applied by the Partner in the Service as a simple electronic signature and an analogue of their handwritten signature in accordance with Article 12 of the Law of Ukraine “On Electronic Commerce” and part three of Article 207 of the Civil Code of Ukraine. The specimen of such analogue is the Partner’s graphic signature recorded in the signed electronic copy of the Offer. The use of a qualified electronic signature is not required unless otherwise expressly established by law. If the parties use an electronic signature or electronic identification means, they are applied in accordance with the Law of Ukraine “On Electronic Identification and Electronic Trust Services”.
1.5. After signing, the Service generates an electronic copy of the agreement and stores the text of the accepted version of the Offer, the Partner’s graphic signature, the date and time of signing, the account identifier, the agreed reward rate and other technical details required to confirm the acceptance. The electronic copy is made available to the Partner for download or sent to the e-mail address specified by them.
1.6. The Partner’s participation in the referral program is confirmed by signing this Offer in the manner set out in this section and by the Administration activating the referral program functionality in the Partner’s account.
1.7. The start date of participation is the date of activation of the referral program and provision of a personal referral link or code to the Partner. Signing the Offer in itself does not guarantee admission to the program if the Partner’s account has not passed verification or has not been activated by the Administration.
1.8. Participation is evidenced by the electronic copy of the signed Offer and the Service records on activation of the program, in particular the Partner identifier, the date and time of activation, the personal referral link or code and the established reward rate.
1.9. If the Partner does not agree with the Offer, they must not activate the program or use the referral link or code.
2. Essence of the program
2.1. The Administration provides the Partner with a unique referral link or code for attracting new PodoCard users. The Partner receives a reward only for actions of attracted users that meet the terms of this Offer and the program parameters displayed in the Service.
2.2. A Referral is a new user whom the Service has correctly linked to the Partner’s referral link or code.
2.3. A Qualified action is a payment by a Referral for a PodoCard plan, provided that such payment:
2.3.1. is included in the list of payments for which a reward is accrued under the terms displayed in the Service;
2.3.2. has actually been received by the Administration and correctly recorded for the Partner;
2.3.3. has not been cancelled, refunded or disputed by the payer;
2.3.4. is not the result of self-referral, a fake account, technical manipulation or other abuse.
2.4. Participation in the program does not create employment, representation, agency or partnership relations in the corporate sense. The Partner acts independently, has no right to assume obligations on behalf of the Administration, receives no guaranteed income and determines the method of attracting users on their own.
3. Attribution and reward
3.1. A Referral is assigned to the Partner automatically according to the PodoCard accounting system data. The attribution period and the rule for determining the Partner in case several links or codes are used are displayed in the Service. If no separate rule is specified, the last correctly recorded link or code before the Referral’s registration applies.
3.2. The amount of the reward, the types of payments for which it is accrued, as well as the waiting and verification period for a payment before the payout becomes available are displayed in the Personal account and/or on the PodoCard website. For each Qualified action the parameters recorded by the Service at the moment of such action apply.
3.3. The reward is accrued for the Referral’s first successful subscription payment and for each subsequent successful renewal during the Partner’s participation in the program, provided that the relevant payment is a Qualified action and is correctly recorded by the Service for the Partner. For each such payment the rate and other program parameters recorded by the Service at the moment of the payment apply.
3.4. The accrual base is the amount actually received by the Administration for the relevant plan, less refunds, discounts, bonuses, bank and payment system fees and taxes included in the price, unless otherwise expressly stated in the Personal account or on the PodoCard website. The composition of the applied deductions and the calculation base are displayed in the Service.
3.5. In case of a refund, payment cancellation or chargeback the accrual is annulled. If the reward has already been paid, the Administration may set off the relevant amount against future payouts or demand its return.
3.6. The records in the Service are the basis for the calculation. In case of a technical error the calculation is adjusted according to the Administration’s payment and accounting data. The Partner may submit a reasoned request for verification to support@podocard.com within 30 calendar days after the relevant transaction is displayed.
4. Payment of the reward
4.1. The payout frequency, the minimum amount, the payment verification period and the available ways of receiving funds are displayed in the Personal account and/or on the PodoCard website. The payout is made by bank transfer to the Partner’s details after the minimum amount is reached and the verification is completed. Payouts to Partners who are residents of Ukraine are made in hryvnia. The currency and the payout procedure for non-residents are determined in the Service in compliance with the currency legislation of Ukraine.
4.2. Before signing the Offer, a Partner whose tax residency or place of registration is outside Ukraine must review the special payout terms for the relevant country displayed in the Personal account and/or on the PodoCard website and separately confirm their consent to them by ticking the relevant box or pressing the confirmation button. The special terms may determine the currency, the method and time frame of the payout, the minimum amount, the list of documents, taxes, withholdings, bank fees and other requirements of the relevant jurisdiction.
4.3. Without a separate confirmation of the special terms, the signing of the Offer and the activation of such Partner’s participation in the referral program are not completed.
4.4. The Service stores the country, the version of the special terms, the date and time of review, the account identifier and the fact that the Partner has given consent. In case of a conflict, the special terms prevail only in respect of payouts, currency, documents, taxation and other specifics of the relevant country; in all other respects this Offer applies.
4.5. For the payout the Partner provides accurate identification, tax and payment details, and, at the Administration’s request, documents confirming the status of an individual entrepreneur, tax residency, bank details and other information required for accounting, currency supervision or financial monitoring.
4.6. The Administration may suspend a payout until full documents are received and the identity, the details and the lawfulness of the transaction are verified. If the law or accounting rules require an invoice, act or other document, the payout is made after it is duly executed.
4.7. The payout obligation is deemed fulfilled on the day the funds are debited from the Administration’s account. The Partner is responsible for the correctness of the details. Fees of the Partner’s bank, correspondent banks and payment services are borne by the Partner as the recipient of the funds; the relevant amounts may be withheld from the payout.
5. Taxes
5.1. The amounts in the Personal account show the accrued reward before mandatory tax withholdings, unless expressly stated otherwise.
5.2. When paying a resident individual who does not receive the reward as an individual entrepreneur, the Administration acts as a tax agent, withholds personal income tax and the military levy at the rates effective on the payout date, and also accrues the unified social contribution in the cases and amount provided by law.
5.3. A Partner who is an individual entrepreneur pays taxes on business income independently, provided that before the payout they have submitted valid documents on state registration and tax status. They must immediately notify of the termination of their entrepreneur status or a change in tax information.
5.4. When paying a non-resident individual income sourced in Ukraine, the Administration is their tax agent. A personal income tax rate of 18% and the military levy at the rate effective on the payout date apply to the income, unless an international treaty of Ukraine provides otherwise and the Partner has submitted proper confirmation of tax residency in advance.
5.5. Payouts to a non-resident business entity are made taking into account taxes, currency rules and international treaties of Ukraine. Documents for applying an exemption or a reduced rate must be provided before the payout.
6. Promotion rules
6.1. The Partner must provide truthful information about PodoCard, mark the advertising or affiliate nature of a recommendation where required by law, and independently obtain the necessary consents for advertising messages and personal data processing.
6.2. The Partner is prohibited from:
6.2.1. creating self-referrals, fake or duplicate accounts;
6.2.2. using bots, automated registrations, cookie substitution or other ways of manipulating attribution;
6.2.3. distributing spam or false advertising or misleading persons;
6.2.4. presenting PodoCard as a medical device, a medical service or a means of diagnosis or treatment;
6.2.5. creating the impression of official representation, using trademarks or advertising materials beyond the granted permission;
6.2.6. promising, on behalf of the Administration, discounts, guarantees or compensations that have not been agreed;
6.2.7. violating the law, third-party rights or the rules of advertising platforms.
7. Verification and termination of participation
7.1. Where there is a reasonable suspicion of a violation, the Administration may suspend the accrual or the payout for the duration of the verification and request explanations. After the verification, correct accruals are restored, and amounts related to a confirmed violation are annulled.
7.2. The Partner may terminate participation through the Service functionality or by a message to support@podocard.com.
7.3. The Administration may terminate the program or the Partner’s participation by notifying thereof through the Service or by e-mail. In case of fraud, unlawful actions, a security threat or a material violation, participation may be terminated immediately.
7.4. Termination of participation does not cancel the reward lawfully accrued for Qualified actions performed earlier. Such reward is paid in the nearest settlement cycle taking into account taxes, refunds, the minimum payout amount and the verification results.
8. Personal data and liability
8.1. The Partner’s data is processed for the conclusion and performance of this Offer, administration of the program, payouts, tax and accounting records, prevention of abuse and protection of the parties’ rights in accordance with the PodoCard Privacy Policy.
8.2. The Partner must not transfer to the Administration the data of potential Referrals outside the registration process provided by the Service and is independently responsible for the lawfulness of their own mailings, cookies, trackers and advertising materials.
8.3. The Administration does not guarantee the number of Referrals or the amount of income and is not liable for delays caused by banks, payment systems, financial monitoring checks, incorrect details or force majeure circumstances.
9. Term, amendments and disputes
9.1. The Offer is valid from the moment of its publication for an indefinite term. The Administration may amend it by publishing a new version in the Service.
9.2. A new version applies to Qualified actions performed after it comes into force. The reward accrued earlier is determined under the terms and at the rate recorded at the moment of the relevant action. If the nature of the changes requires a new acceptance, further participation is possible after it is given.
9.3. The Offer is governed by the law of Ukraine. Claims are sent to support@podocard.com. The Administration reviews a duly submitted claim and provides a response within 15 business days from the day of its receipt. Disputes not settled through negotiations are resolved by the competent court in accordance with the law.
10. Details of the Administration
10.1. Individual Entrepreneur Anna Andriivna Serdiukova
10.2. Taxpayer number: 3117915209
10.3. Unified State Register entry: 2011600010001883402
10.4. Address: Kyiv, 52 Tyraspolska St., bldg. 3, apt. 226
10.5. IBAN: UA133220010000026002360040219
10.6. Bank: Universal Bank
10.7. E-mail: support@podocard.com
10.8. Website: podocard.com