TERMS OF USE.

1. About these terms

These terms explain how Polka works and what you and we agree to when you use it — on getpolka.app, in the Polka app, or at the till in a Polka shop. Please read them together with our privacy policy, which explains how we use your personal data.

Polka is run by SOLEK DIGITAL LTD, a company registered in England and Wales (company number 16185233), whose registered office is 34 Jesson Street, West Bromwich, B70 6PR. Where these terms say “Polka”, “we”, “us” or “our”, they mean that company. You can reach us at hello@getpolka.app.

2. What Polka is

Polka is a loyalty app for Polish and Eastern European shops in the UK. Shops that join Polka reward their customers with pierogi, and post their offers in the app, so you can see what each shop has on.

Polka is free for shoppers. You never pay us anything, and we never ask for your bank or card details.

Polka runs the app and the loyalty scheme. The shops sell you their goods. When you buy something in a Polka shop, your contract for those goods is with the shop, not with us, and the shop is responsible for its products, prices, receipts and refunds.

3. Your account

• You must be 18 or over and live in the UK to open a Polka account.
• You may have one account. It is personal to you and cannot be shared, sold or transferred.
• Please give us accurate details and keep them up to date, including your email address.
• Keep your password to yourself. Your member code works like a membership card: show it only at the till when you are shopping. If you think someone else has used your account or code, tell us straight away.
• You are responsible for what happens on your account unless it was used without your permission and you were not at fault.

4. How pierogi work

Pierogi are Polka’s loyalty points. The rules are simple:

• Pierogi are earned and redeemed at the shop or chain that issued them.
• Pierogi have no cash value and cannot be transferred between members.
• We may withdraw a shop from the network if it stops trading or leaves Polka.

Each shop (or chain of shops under the same owner) has its own pierogi balance in your account. The app shows each balance separately. Pierogi from one shop cannot be used at another, and balances cannot be added together, swapped or moved.

The rate is the same at every shop on Polka: 1 pierogi is worth 1p off, so 100 pierogi is £1 off.

5. Earning pierogi

• You earn 1 pierogi for every whole £1 you pay at a Polka shop in a single purchase. For example, a £7.57 shop earns 7 pierogi. Part-pounds are not carried over.
• You earn on the amount you actually pay, after any discount — including any pierogi you use in that purchase.
• To earn, show your Polka code at the till before you pay (or give the details the shop asks for). Pierogi cannot be added later for purchases where Polka was not used.
• Some purchases do not earn pierogi, for example tobacco and e-cigarettes, lottery tickets, gift cards and vouchers, infant formula, bill payments, top-ups, money transfers and other services the shop provides for someone else, deposits, and anything the law does not allow to be rewarded. A shop may exclude other items if it tells you clearly in the shop or in the app.
• Pierogi normally appear straight away. If they are missing, keep your receipt and contact the shop or us within 30 days.
• Shops may run offers that give extra pierogi. Those follow the terms shown with the offer.

6. Using pierogi

• You can use pierogi in blocks of 100, and each 100 takes £1 off your bill at the shop or chain where you earned them.
• You choose how many to use in the app before you show your code. The discount comes off your bill at the till.
• Pierogi cannot take your bill below zero, and they cannot be exchanged for cash, change, gift cards or anything other than a discount on a purchase.
• The same exclusions as for earning apply: pierogi cannot be used to buy the items listed in section 5.
• If you return something you paid for partly with pierogi, the shop will refund the money you paid and may return the pierogi you used to your balance instead of refunding that part in cash. Pierogi you earned on the purchase may be taken back.

7. When pierogi expire or are lost

• Your pierogi at a shop stay in your account as long as you shop there, with Polka, at least once every 12 months. If you do not use Polka at that shop for 12 months, your balance at that shop expires. We aim to remind you before this happens.
• If a shop leaves Polka, we will tell you in the app and, where the shop gives us notice, you will have at least 30 days to use your pierogi there. If a shop closes suddenly or stops trading, it may not be possible to use your pierogi there, and they will be lost.
• If you close your account, or we close it under section 13, any pierogi left on it are lost.
• Pierogi added by mistake, or earned through misuse (see section 10), can be removed.

8. Offers

Shops post their own offers in Polka. Each offer is the shop’s, not ours: the shop sets it, decides how long it runs, and is responsible for honouring it. Offers can be limited to stock available, to particular days or to particular customers (for example, regulars or people who have not visited for a while). You can use offers from your very first day, whatever your pierogi balance.

We check that offers follow our rules, but we are not responsible for a shop’s goods or for an offer a shop cannot honour. If you have a problem with an offer, speak to the shop first — and tell us if it is not sorted out.

9. Shops joining and leaving

The shops on Polka change over time. New shops join, and a shop may leave Polka, stop trading, or be removed by us if it does not follow its agreement with us. We cannot promise that a particular shop will stay on Polka or that there will be a Polka shop near you.

If you run a shop on Polka, your shop’s use of Polka — including the shop dashboard, fees and payments — is covered by the shop agreement you sign when you join. If that agreement and these terms disagree, the shop agreement applies to your shop.

10. Using Polka fairly

Please do not:

• open more than one account, or use someone else’s account or code;
• try to earn or use pierogi on purchases you did not make, or collude with a shop or anyone else to create pierogi;
• sell, swap or advertise pierogi, codes or accounts;
• copy, change or interfere with the app or website, get around its security, or use automated tools to access it;
• use Polka for anything unlawful, or to harass shop staff or other people.

If we reasonably believe you have broken these rules, we may remove pierogi gained that way, suspend your account while we look into it, or close it. Where we can, we will tell you why and give you a chance to explain.

11. Your data and cookies

We use your personal data to run your account and the pierogi scheme. A shop sees your name, your member number, your balance at that shop and what you have bought there with Polka — never what you do at other shops. Our privacy policy explains this in full, and our cookie information explains the small number of cookies we use.

12. Our responsibility to you

• We work hard to keep Polka running, but we cannot promise it will always be available or free from errors, especially while we carry out maintenance or fix problems. If the app is not working, the shop can still serve you, and you can ask the shop to add missed pierogi as described in section 5.
• If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our failure or our negligence. We are not responsible for loss that was not foreseeable, or for business losses, because Polka is for personal use only.
• We are not responsible for the goods, prices, service or offers of any shop. Those are the shop’s responsibility.
• Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else the law does not allow us to limit. Nothing in these terms affects your legal rights as a consumer.

13. Closing your account

You can close your account at any time from the app or by emailing us. Any pierogi left on it will be lost, so use them first.

We may close your account if you seriously or repeatedly break these terms, if the account has not been used for three years (we will email you first), or if we stop running Polka. Except where we close an account because of misuse, we will give you at least 30 days’ notice so you can use your pierogi.

14. Changes to Polka and to these terms

We may update Polka and these terms from time to time — for example, to add features, reflect changes in the law or improve how the scheme works. We will post the new version here with a new date. If a change matters to you, we will tell you by email or in the app before it takes effect.

We will not reduce the value of pierogi you have already earned without giving you at least 30 days’ notice, so you have time to use them. If you do not agree with a change, you can close your account before it takes effect.

15. Law, disputes and language

These terms are governed by the law of England and Wales. If you have a complaint, please contact us first — most things can be sorted out quickly. If we cannot resolve it, you can bring a claim in the courts of England and Wales, or, if you live in Scotland or Northern Ireland, in the courts where you live.

These terms are available in English and Polish. If the two versions ever differ, the English version applies.

16. Contact us

Write to us at hello@getpolka.app, in Polish or English, or use our contact page. Post can be sent to SOLEK DIGITAL LTD, 34 Jesson Street, West Bromwich, B70 6PR.