Herein Terms and Conditions govern the use of Internet Platform available at address: https://www.cryptobit.live/as well as the provision of services, through Platform, by electronic means by Service Provider: CRYPTOBIT Sp. z o.o. with registered office in Warsaw (00 – 682), Hoża 86/210 Street, for which District Court for the capital city Warsaw in Warsaw, XII Commercial Division of the National Court Register maintains registration files under the following number: 0000979059, NIP (tax identification number): 7011094592, REGON (statistical identification number): 52240763100000 with the share capital of 5.000,00 PLN, with status of micro entrepreneur within the meaning of the Act on combating excessive delays in commercial transactions of 8 March 2013.
Service Provider is an obliged institution within the meaning of article 2(1)(12) of Act on Combating Money Laundering and the Financing of Terrorism of 1 March 2018 therefore applies measures and procedures to counter money laundering and terrorist financing.
Each User is required to comply with herein Terms and Conditions upon undertaking actions to use Cryptobit Internet Platform. Terms and Conditions are available to Users at https://www.cryptobit.live/ and is made available in electronic form on Service Provider’s website in such a way that Users can download herein Terms and Conditions on a durable medium.
User is obliged to read Terms and Conditions. Acceptance of Terms and Conditions is voluntary, yet it is a necessary condition for using the Cryptobit Internet Platform.
The User - individual must be at least 18 years of age to use this Internet Platform. By using this Internet Platform and by agreeing to these Terms and Conditions the User warrants and represents that he/she is at least 18 years of age.
The activity of Service Provider does not consist of investment advice or the provision of services in this respect, the management of a portfolio comprising one or more financial instruments, or the activity of investing assets collected by means of a proposal to conclude an agreement to participate in any venture.
Service Provider declares that it does not provide payment services within the meaning of the Payment Services Act of 19 August 2011. In this regard, Service Provider will make use Payment Operators’ services.
Service Provider – CRYPTOBIT Sp. z o.o. with its seat In Warsaw (00 – 682), Hoża 86/210 Street, for which he District Court for the capital city Warsaw in Warsaw, XII Commercial Division of the National Court Register maintains registration files under the following number: 0000979059, NIP (tax identification number): 7011094592, REGON (statistical identification number): 52240763100000 with the share capital of 5.000,00 PLN;
Terms and Conditions - this document defining the terms and conditions of use of the Services;
Internet Platform/Platform - the Internet service available at: https://www.cryptobit.live, providing Services indicated in herein Terms and Conditions;
Services - digital services within the meaning of Article 2(5a) of the Consumer Rights Act of 30 May 2014 in particular services provided electronically by Service Provider through the Application, described in detail in herein Terms and Conditions.
Device - an electronic device that allows data to be processed, received, and sent such as a smartphone, tablet, and mobile phone.
User - means an individual or entity to the benefit of whom Services may be provided by electronic means in accordance with the law or with whom a contract on the provision of services by electronic means may be concluded.
The Act – The Act on Combating Money Laundering and the Financing of Terrorism of 1 march 2018.
AML/KYC – the User’s authentication activities undertaken in order to use the services of the Platform, in particular by providing the data required by the Act. These activities are performed in order to determine the scope of financial security measures appropriate for a given business relationship or transaction and to assess the risk related to counteracting money laundering and terrorist financing, taking into account specific types of risk.
User Account – a User-assigned set of resources and entitlements within the Platform that contains the information necessary for User authorisation and enables the use of the Service.
Payment Means - fiat or digital currency tokens issued by the NBP (National Bank of Poland), foreign central banks or other public administrations that are legal tender.
Virtual Currencies - digital representations of value within the meaning of Article 2(2)(26) of the Act;
Transaction - a virtual currency operation ordered by User, being a Service within the meaning of herein Terms and Conditions;
Wallet Address – a series of characters of an electronic identification data set offering the authorised Users to hold, store and transfer Virtual Currencies.
Payment Providers – the entity which processes the payments means’ payment by Users in favour of Service Provider in order to exchange them into virtual currencies or the entity which processes the virtual currencies’ payments in favour of the Service Provider in order to exchange them into payments means.
Providers – third parties that provide content available through Platform’s website consisting particularly of offers, games, surveys and advertising.
§3. ACCESS AND USE OF THE SERVICES
Services provided through Platform consists in the possibility to carry out Transactions using Virtual Currencies, specifically: 1) FIAT to Virtual Currency exchange and reverse; 2) Exchange between Virtual Currencies.
Services are regulated in detail in § 4. Service Provider reserves the right to add other Services to Platform.
Service provided through Platform consists in the possibility to exchange between Virtual currencies and Payment Means under the provisions set out in §4 of these Terms and Conditions. Service Provider reserves the right to add other Services to Platform.
Service Provider shall provide Services in accordance with these Terms and Conditions.
Platform is available to all Users of Devices with an Internet connection via website https://www.cryptobit.live/. In order to use Services, User must correctly enter the website address and go to this address on Device.
Services are provided 24 hours a day, 7 days a week, at User's individual request. i.e. visiting Platform.
The use of Services may be territorially restricted. Service Provider offers access to Services in accordance with local laws. Service Provider does not allow for the use of Services by Users under the jurisdiction of: Cuba, Iran, Israel, Iraq, South Korea, Sudan, South Sudan, Syria, Russian Federation, Pakistan, Nigeria, India, Indonesia, and Benin.
Service Provider reserves the right to choose, limit or refuse to provide Services in a specific jurisdiction at any time.
Platform and all the materials, information and solutions contained therein, as well as the selection and arrangement of content presented within Platform, logos, graphic elements, trademarks, constitute the subject of exclusive rights of Service Provider or its business partners.
In order to start and run Platform correctly, User needs to connect their device to the Internet by activating the mobile network data or Wi-Fi network.
Upon agreement to herein Terms and Conditions, a contract on the provision of Services by electronic means is entered into between Service Provider and User. The contract is concluded for an indefinite period of time.
Acceptance of Terms and Conditions by User is required before using Services and ordering Transactions. User declares that he/she accepts Terms and Conditions by ticking the appropriate check box. The moment of acceptance of Terms and Conditions by User is considered to be the moment of ticking User's declaration before using Services.
Users are required to use Platform in a manner consistent with the applicable laws, Terms and Conditions, licences, terms and conditions of the websites and providers and payment providers, as well as with the principles of social co-existence, including general rules for the use of the Internet and websites, and respecting the rights of third parties and of Service Provider.
In particular, User is required to use Platform in such a manner that it does not disturb the operation of Platform, is non-disruptive to other Users and Service Provider, and respects the personal interests of third parties (including the right to privacy) and any other rights vested in them. Additionally, User is required to use all the information and materials made available through Platform only for the authorised use and under the Licence.
Both User and Service Provider shall have the right to terminate the contract on the provision of Services by electronic means at any time, without giving any reason. A declaration of termination may be submitted in writing or via e-mail to: email@example.com and shall take effect upon its receipt by the other party.
The use of Devices with a modified operating system, in particular adverse software resulting in the malfunction of Platform, is not permitted. In the event of their use by User, Service Provider is entitled to apply the measures indicated in § 3(16) until User ceases to use such equipment.
Users are required to immediately notify Service Provider of any violation of their rights in connection with the use of the Services. Notifications may be sent via e-mail to: firstname.lastname@example.org
If it is determined that User has committed any unlawful acts or violation of these Terms and Conditions, or any acts violating the rules of social co-existence or the legitimate interest of the Service Provider, he may take any legal action, including limiting or preventing the use of the Platform and the services provided through it by User.
Service Provider, as part of its cooperation with Providers, may make different services, websites available to the Users within Platform. The rules governing the provision of services by electronic means through these websites are specified in the respective terms and conditions of those websites or services. The use of the services or websites offered requires that the respective terms and conditions be reviewed and accepted. In the event of any discrepancies between these Terms and Conditions and the terms and conditions of particular websites or services, the terms and conditions of those websites shall apply. All matters not settled in the terms and conditions of particular websites or services shall be subject to these Terms and Conditions.
Service Provider shall bear no liability for the use of the Services in a manner contrary to these Terms and Conditions.
The use of Services, may require the User to perform certain actions, in particular by submitting User identification data.
Exchange services between Virtual Currencies and Payments Means in the context of executed Transactions is a default Platform’s service.
As part of the currency exchange service, the User has the option of choosing a transaction involving the purchase or sale of Virtual Currencies, involving an exchange between means of payment and Virtual Currencies.
In order to use a particular type of Transaction, User is required to select a particular type of exchange, indicate the amount of the transaction and the deposit and withdrawal method.
An amount of available forms of deposits and withdrawals may change according to current availability. Platform makes available various forms of deposits and withdrawals including: Visa card or MasterCard, virtual currency transfer.
In order to use the exchange service between Virtual Currencies and Payment Means, User is required to: 1) select the type of Service; 2) indicate the amount of the Transaction; 3) choose the type of Virtual Currency; 4) indicate Wallet Address; 5) confirm the data entered and tick the displayed consents and statements; 6) make payment for the transaction in accordance with the selected type of Service.
User, in addition to the activities indicated in §4 (5), is obliged to register an account on Platform. In order to register, it is necessary to carry out the authentication operations consisting in the establishment of a login, a password and the provision of an e-mail address, as well as to carry out AML/KYC verification in accordance with the information displayed on Platform.
The transaction is carried out according to the rate, determined at the time the Virtual Currency exchange transaction order is initiated. Service Provider reserves the right to use Providers to determine the exchange rate of Virtual Currencies.
The use of Virtual Currency exchange service involves fees. Service Provider charges fees for the currency exchange services in the form of: 1) Platform's commission, which is included in the currently displayed virtual currency exchange rate; 2) Payment provider's commission, which is included in the currently displayed exchange rate for virtual currencies; 3) Transaction costs, which are included in the displayed amount of Virtual Currencies that User buys or sells.
Service Provider notes that the transaction costs for the purchase and sale of Virtual Currencies are not fixed. Their amount depends on the current situation of the network responsible for the functioning of the respective Virtual Currency.
As part of each Transaction, User is informed of the amount of the transaction, i.e. including the fees referred to in § 4 (9). Transaction amount is valid for 15 minutes from the start of the transaction process.
Service Provider, in accordance with the Act on combating excessive delays in commercial transactions of 8 March 2013, may request additional information from User. The KYC procedure is carried out during account registration and each time for transactions exceeding 1.000 EUR.
Service Provider reserves the right to limit the amount of a single transaction.
Before using Services, User must read and accept Terms and Conditions each time they request a transaction order.
User shall be liable for incorrect data during Transaction, registration or KYC/AML procedures. Incorrect information may result in particular inability to carry out transaction.
Withdrawals from the sale or purchase of Virtual Currencies are made by Service Provider.
Payment means transactions are carried out by Payment Provider. Service Provider reserves the right to change Payment Provider.
Service Provider shall not be liable for risks associated with exchange rate fluctuations on which the market value of Virtual Currency sold or purchased depends.
Any and all complaints regarding the operation of Platform and Service provision through the Platform as well as questions regarding the use of Platform, shall be addressed to Service Provider at: email@example.com.
A complaint should include: a detailed description and reason for the request.
Within 14 days of receipt, Service Provider shall investigate the complaint and inform User of the investigation outcome. This time limit may be extended if the investigation of a given complaint requires special messages or if Service Provider encounters other difficulties outside Service Provider’s control or if additional information needs to be obtained from User. The time taken by User to provide additional information shall, from time to time, extend the time taken to investigate the complaint.
Service Provider shall send a reply to a complaint to the e-mail address from which the complaint was received.
If User submits an electronic complaint, he agrees to receive an electronic response from Service Provider.
User’s use of out-of-court means of complaint investigation and claim assertion is voluntary.
Service Provider reserves the right not to respond to a complaint that is clearly unfounded, in particular in so far as the complaint has already been processed in respect of User concerned.
The right of revocation of concluded contract is excluded based on Article 38(13) of the Consumer Rights Act of 30 May 2014, due to the provision of digital services by the Service Provider that are not recorded on a tangible medium and the fulfilment of which has begun with User's express consent before the expiry of the revocation period and after informing the User of the loss of the right of revocation.
§6. LIABILITY OF SERVICE PROVIDER
Service Provider shall provide ongoing supervision of the technical functioning of Platform, ensuring that it operates correctly. However, Service Provider does not guarantee the continuous availability of all the services of Platform or their error-free functioning.
User uses Platform on a voluntary basis, at their own risk. The liability of Service Provider for any damage caused by the use of Platform, in particular non-functioning and malfunctioning, shall be excluded to the fullest extent legally permissible.
Service Provider shall not be responsible for any restrictions or technical problems in the information and communication systems used by Users’ Devices that prevent or restrict Users from using Platform and Services offered through it.
There might be interruptions in Platform functioning due to technical reasons. User shall have no claims in connection with such interruptions or cessation of Service provided by Service Provider.
Service Provider shall have the right to block access to Platform or particular services in the event of any irregularities in the use of Platform, in particular circumstances that could harm the User or Service Provider.
Service Provider shall not be responsible for temporarily suspending access to Platform for the period necessary to remedy the risks or irregularities.
§7. PROCESSING OF PERSONAL DATA
Service Provider, i.e. CRYPTOBIT Sp. z o.o. with its seat In Warsaw (00 – 682), Hoża 86/210 Street, for which he District Court for the capital city Warsaw in Warsaw, XII Commercial Division of the National Court Register maintains registration files under the following number: 0000979059, NIP (tax identification number): 7011094592, REGON (statistical identification number): 52240763100000 with the share capital of 5.000,00 PLN, is the Controller of the personal data.
Personal data shall be processed in accordance with the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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 (hereinafter referred to as “GDPR”), the Act of 10 May 2018 on the protection of personal data and the Act of 18 July 2002 on the provision of services by electronic means.
Controller shall ensure that appropriate technical and organisational measures are in place to ensure the security of the personal data processed, in particular preventing unauthorised third parties from accessing the data or processing them in breach of the generally applicable laws, preventing the loss, damage or destruction of such personal data.
§8. FINAL PROVISIONS
Service Provider reserves the right to temporarily or permanently terminate or limit activity of Platform. In particular, Service Provider is entitled to conduct maintenance work of Platform to restore security and stability of the ICT system. Accordingly, User acknowledges and accepts that he/she has no claims regarding such interruptions or restrictions of access to Platform.
Service Provider has the right to amend hereto at any time. In such a situation, Service Provider shall inform about changes hereto in a visible place on Platform, including in particular by posting a new version hereof on Platform.
No legal basis or incompleteness of any of the provisions contained herein does not mean that the entire Terms and Conditions is legally void. Such provisions shall be amended to the ones that best reflect their meaning and purpose.
All parties to the disputes that may arise in connection herewith shall be settled amicably in the first place, by mutual arrangements between User and Service Provider. User acknowledges and accepts that the amicable resolution of a dispute procedure is a condition precedent that shall be met prior to commencing any legal proceedings. In such a situation, User is obliged to contact Service Provider at firstname.lastname@example.org.
The content of Terms and Conditions as well as any disputes between Service Provider and User shall be governed by the Polish law.
Service Provider stipulates that, as an obliged institution within the meaning of Act or the execution of internal AML procedures, it may require additional verification from the Users of the Platform.
In Particular verification procedure may request additional data, in particular: 1) personal data confirmed by an identity document; 2) documentation of the source of funds; 3) other data required by Service Provider.
Failure to provide the requested data may result in the suspension of the transaction and, consequently, in the refusal of the transaction.
Transactions are verified in accordance with the current requirements of Act as well as the Service Provider's own AML procedure.
Service Provider informs that it uses safeguards and technical solutions to monitor the transactions carried out by Users in order to prevent circumvention of the Act.
Entities who cooperate with Service Provider as part of activities performed by User on Platform may verify the User to the extent specified in the relevant international acts on counteracting money laundering and terrorist financing (AML). Pursuant to the legal requirements, the entity performing such verification may perform it again in the event of statutory premises, also in accordance with the internal security procedure.