Terms and Conditions
Terms and Conditions
These Terms and Conditions specify the rules for the use of the Internet Portal called: “Bitcan.pl”.
Whenever these Terms and Conditions reference:
- Administrator — it shall mean the owner of the “BITCAN” Website - company BITCAN sp. z o.o., Swoboda 11, 60-389 Poznań, NIP: 6292495068, REGON: 384619443, entered in the Register of Businesses maintained by the District Court of Poznań — Nowe Miasto w Poznań, VIII Economic Division of the National Court Register under KRS 00808472. Share capital 10,500,00 PLN.
- Website — it shall be understood as an Internet service called “Bitcan.pl”, run by BITCAN sp. z o.o., Swoboda 11, 60-389 Poznań, available under www.bitcan.pl.
- User Account — this shall mean the part of the virtual space of the Service intended for exclusive use by the User.
- User — this shall mean a natural person using the services offered by the Service, who is of legal age within the meaning of the Civil Code, meaning that they have reached the age of 18.
- Virtual currencies —this shall mean the virtual currencies available as part of the services offered by the Service, i.e. transferable intangible goods of a property character convertible in economic trade for legal means of payment and accepted by natural and legal persons as a means of exchange and which may be electronically stored or transferred to another natural or legal person or be subject to e-commerce, and not constituing a) a legal tender issued by NBP, foreign central banks or other public administrations, b) electronic money within the meaning of the Act of 19 August 2011 on payment services, c) a financial instrument within the meaning of the Act of 29 July 2005 on the trading of financial instruments, d) an international settlement unit established by an international organisation and accepted by or cooperating with the individual countries, e) a promissory note or check issued in a legal tender or international settlement unit.
- General Data Protection Regulation of 27 April 2016 this shall mean GDPR — Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals in connection with the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC and all legal acts related to it.
- Act of 1 March 2018 on money laundering and terrorist financing prevention — the Act of 1 March 2018 on the money laundering and financing of terrorism prevention (OJ 2018 pos. 723) implementing Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on preventing the use of the financial system for money laundering or terrorist financing and repealing the Act of 16 November 2000 on Money Laundering and Financing of Terrorism Prevention.
- Terms and Conditions — this shall mean these Terms and Conditions available at www.bitcan.pl/regulamin.
- Transaction — this shall mean the implementation of offers to sell or buy Virtual Currencies made by the Users of the Service. 10.Offer — this shall mean the offer within the meaning of Article 66 of the Act of 23 April 1964 Civil Code addressed for the individual recipient.
§2 GENERAL PROVISIONS
- Use of the Service is voluntary.
- An absolute condition for the use of the Service is the User's consent to the provisions of the Terms and Conditions by marking its acceptance on the Website.
- The User is obliged to refrain from any activity that might affect the proper functioning of the Service, including any interference with the contents of the Service or its technical elements.
- The Administrator shall not be liable for any disruption, including technical interruptions in the operation of the Service due to force majeure, unauthorized action by third parties, or for the incompatibility of the Service with the User's technical infrastructure (minimum technical conditions are indicated in paragraph 5 below).
- The use of the Service requires the User's IT system to meet the following minimum technical requirements, i.e. the User needs to have: (a) a device that allows access to the Internet, equipped with an efficient operating system, such as Android, IOS, Linux or Windows, with the current version of the web browser installed - that provides access to Internet resources such as Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome or other compatible browser and also, b) have an active email account.
§3 THE SUBJECT OF OPERATION OF THE SERVICE
- The primary task of the Service is to allow Users to Buy or Sell Virtual Currency Units.
- Services provided by the Service are payable. The fee for the use of the Service is included in the exchange rate of the Virtual Currency.
- The Service verifies the rate of Virtual Currencies available on the market by selecting the Virtual Currency Buy/Sell Offer which is the most favorable to the User at any given moment, based on the User's query.
- Due to the high volatility of the VM exchange rates, the amount of the Sale/Purchase of the Virtual Currency indicated in the User's query may differ slightly from the actual transaction finalized.
- As of the date of application of these Terms and Conditions, Bitcoin Virtual Currency (BTC) is available on the Service. Possible expansion of the Service's offer to include other virtual currencies does not change the content of the Terms and Conditions. Users will be informed by email about the expansion of the Website's offer.
- The Service is not a guarantor of investments in Virtual Currencies, the Administrator takes action to make Users aware of the risk of such investments, in particular with regard to the position of the National Bank of Poland and the Committee on Financial Supervision on Virtual Currencies, the full content of which can be found at: https://www.knf.gov.pl/komunikat_mobilny?articleId=57363&p_id=18.
- The Service does not conduct any activity in terms of investment advice or active solicitation for the purchase of Virtual Currencies. The Service also does not cooperate with any companies or consultants soliciting investments in Virtual Currencies. We kindly ask you to report any attempts to impersonate employees or associates of the Bitcan.pl Website and strongly advise you not to upload Virtual Currencies purchased through the Service to external wallets belonging to strangers.
§4 CREATION OF USER ACCOUNT, USER VERIFICATION
- Using the Website requires you to create a user account. In order to create a User Account, the User is required to provide their email address, phone number and create a password. Using the User Account requires confirmation of registration via a link to the website received at the email address indicated in the creation of the User Account and the code received on the indicated phone number.
- In view of the security considerations set out in §7 of the Terms and Conditions, the Administrator shall verify the identity of the User on the basis of the identity document and the resulting personal data. For this purpose, the User Account uploads or takes photographs of both sides of the identity document and a picture of the User with clearly visible facial features along with the front of the identity document in the format and quality allowing for their unambiguous determination. The Service accepts: a. a photo of two sides of an ID card with clearly visible data: • first and last name, • citizenship, • series and document number, • PESEL number or date of birth, where no PESEL number has been issued, • address of residence, • photo or b. photo of the passport with clearly visible data: • first and last name, • citizenship, • series and document number, • PESEL number or date of birth, where no PESEL number has been issued, • place of birth, • photo.
- In addition, the User is obliged to: a) make statements on the legality of origin of the measures, b) make a statement that he is not a person holding an exposed political position - within the meaning of Art. 2 point 2 point 11 of the Money Laundering and Terrorism Funding Prevention Act of 1 March 2018 - neither a family member or a close associate of such a person.
- Verification on the Website will be made when you provide all necessary data indicated above.
- The data indicated in the verification should match the details of the bank account from which the payment was made under the Service. If the data provided by the User on verification turns out to be incompatible with the transfer data, untrue, incomplete or incorrect, the Administrator shall have the right to withhold access to any features of the Service until clarification.
- The User shall be fully responsible for the correct and factually consistent supplementing of the User's data referred to in the paragraph 2.
- Before effective identity verification, the User is not able to make any Transactions. If untruthful data is transferred, the Administrator shall promptly block access to the User Account until effective verification is carried out.
- The User's data is processed in accordance with § 9 of the Terms and Conditions.
- In order to open a User Account for a legal entity, contact the Site Administrator at [email protected] and fill out the instructions provided by email.
§5 TRANSACTION PROCESS
- The User, by submitting an Offer request, indicates the amount of funds expressed in Polish zloty (PLN) that they wish to allocate to the purchase of Virtual Currency or the amount of Virtual Currency units that they intend to sell.
- Due to the significant volatility in the value of Virtual Currencies, the final verification of the Offer takes place: a) at the moment of transfer to the Administrator of the appropriate number of Virtual Currency units to be sold by the User or b) at the moment the funds intended for the purchase of the Virtual Currency by the User are credited to the Administrator's bank account or transfered to the account of the payment intermediary. The value of each Virtual Currency unit indicated on the website represents the current value available on the market at the moment, but at the time of transfer of funds by the Buyer, it may change.
- Funds intended for the purchase of Virtual Currencies shall be forwarded by the User to the Administrator: via Litpay sp. z o.o. based in Poznań KRS 0000772632, The one-time amount accepted may not more than 50.000 PLN;
- Funds derived from the sale of Virtual Currencies are made available to the User by the Administrator: a. directly to the bank account indicated by the User, b. via other payment service providers. The single withdrawal amount may be at least 40 PLN. Using the withdrawal requires prior verification of the bank account to which the withdrawal is to be made.
- The service shall be implemented immediately after the approval of the User's offer. The Administrator, on behalf and for the benefit of the User, purchases funds with the value currently available on the market. After transferring funds, the User cannot withdraw from the Transaction. The right to withdraw from the agreement concluded at a distance shall not be vested in the User if the Administrator has fully performed the service with the express consent of the consumer, who has been informed before the start of such provision that, after the fulfillment of the service by the entrepreneur, he will forfeit the right to withdraw from the agreement (Art. 38 point 1. of the Act of 30 May 2014 on Consumer Rights).
- Virtual currencies purchased on behalf of and for the User are transferred immediately to the unique address of the User's Wallet, created by the User's Account, from where the User can manage them in any manner.
- The administrator, payment intermediaries, and banks shall apply all security measures to ensure the liquidity of transactions and the protection of funds. Finalization of the transaction occurs no later than 1 business day from its start.
- The minimum value of the Transaction is equivalent to 50 Polish zloty (PLN).
- The maximum value of the transaction is PLN 100,000 per week per User. The Administrator has the right to withhold the ability to make a transaction to the User that exceeds the aforementioned value.
- The User is obliged to guarantee the lawfulness of any actions he undertakes within the Transaction.
- Each of the Users is obliged to relieve the Administrator from any liability to any third party, as well as to repair any damage that the Administrator incurs in the event of any third party claims in connection with the User's use of The Service in a manner that is inconsistent with the Terms and Conditions, good customs or laws.
- The User is obliged to refrain from any activity that might affect the proper functioning of the Service, including any interference with the contents of the Service or its technical elements. You acknowledge that you are the only person responsible for the actions carried out within your User Account and the Transactions you enter into.
- It is not permitted to use the Service for purposes incompatible with its intended purpose.
- The User shall immediately notify the Administrator of any use of his User Account by an unauthorized person, or of any attempt of such use, about which he learns, as well as other security violations of the Service.
- The Administrator shall not be liable for the use of the Service in a manner that is incompatible with its intended purpose or which does not comply with applicable law.
- The Administrator shall not be liable for the blocking, seizure or safeguarding of your funds by competent entities or justice authorities under applicable law, including primarily pursuant to the Act of 1 March 2018 on Money Laundering and Financing of Terrorism Prevention.
- The Administrator shall not be liable for the source of origin of the funds used in the Transaction to the extent that it exceeds its obligations under applicable law, including in particular the Act of 1 March 2018 on Money Laundering and Financing of Terrorism Prevention.
§7 TRANSACTION SECURITY
- You acknowledge that Virtual Currencies are not electronic money, not falling within the scope of the Act of August 19, 2011 on payment services and the Act of July 29, 2005 on the turnover of financial instruments.
- The Administrator is an institution in force within the meaning of the Act of 1 March 2018 on the money laundering and financing of terrorism prevention (OJ 2018 pos. 723).
- The Administrator, as part of the Service's activities, uses services provided by third parties, including payment intermediaries and banks, i.e. entities that are institutions in force within the meaning of the Act of 1 March 2018 on Money Laundering and Financing of Terrorism Prevention.
- In accordance with the provisions of the Act of 1 March 2018 on the Prevention Money Laundering and Financing of Terrorism, the Administrator shall apply the financial security measures set out in Art. 34. of this Act and shall exercise due diligence in the performance and discharge of the obligations under the provisions of the Act.
- According to Art. 35. item 1. points 1, 2, 5 and 6 of the Act of 1 March 2018. on Money Laundering and Terrorist Financing Prevention, the Administrator shall apply financial security measures to identify Users and verify their identities prior to their Transactions. Detailed conditions for identification shall be defined by Art. 36 and Art. 37 of this Act and §4 of the Terms and Conditions.
- In the absence of the possibility of applying financial security measures listed in §7 item 4 of the Terms and Conditions, the Administrator refuses to carry out transactions, including an occasional transaction, and ultimately terminates the economic relationship with the Customer.
- The administrator may apply simplified financial security measures in the cases referred to in Article 42 of the Act of March 1, 2018. on Money Laundering and Financing of Terrorism Prevention.
- The Administrator shall apply enhanced financial security measures in the cases referred to in Article 43 of the Act of March 1, 2018. on Money Laundering and Financing of Terrorism Prevention, in particular in Art. 43. item 2 point 7 of this Act. Increased financial security measures include video-verification for additional confirmation of the User's identity.
- The Administrator shall undertake an active effort to ensure the legality of the actions taken by the Users of the Service. All actions of the Administrator are carried out in respect of the rights of the Users, including, above all, the right to privacy and the right to protect the User's personal data.
- However, in view of the limitations of the Administrator in access to the means to control the activities of the Users, the Administrator may not be liable for violations of law by the Users of the Service.
- The Administrator introduced an internal procedure for money laundering and terrorist financing prevention in accordance with the obligation under the Act of 1 March 2018. on Money Laundering and Financing of Terrorism Prevention.
- According to Art. 34 point 4 of the Act of 1 March 2018 on Money Laundering and Terrorist Financing Prevention, the Administrator has the right to make copies of documents proving the identity of the Users and, insofar as it is obliged to store User data, uses this right. Copies of documents are kept only in electronic format in a manner that prevents access to them by unauthorized persons.
- For security reasons, each time you change relevant elements of the User Account, such as phone number or email address, the User Account will be blocked for a period of 48h from the time the change is made.
- The use of the Service for Virtual Currency Exchange services is payable.
- The fee for the use of the Service is charged automatically and is included in the presented Virtual Currency rate.
- The data Administrator is LITPAY Sp. z o.o with its registered office in Poznań at ul. Swoboda 11, 60-389 Poznań, NIP: 6292495068, REGON: 384619443, entered in the Register of Businesses maintained by the District Court of Poznań — Nowe Miasto w Poznań, VIII Economic Division of the National Court Register under KRS 00808472.
- The Users agrees to the processing of personal data for the purposes of the implementation of services provided electronically by the Administrator on the basis of the General Data Protection Regulation of 27 April 2016 via a statement on the Service.
- This consent may be withdrawn. If consent is withdrawn, the Administrator is obliged to withhold further Transactions and may also refuse to provide further services.
- The Administrator shall be entitled to process your personal data in order to implement the provisions of these Terms and Conditions, in compliance with the data security requirements set out in the general regulation of 27 April 2016 on the personal data protection. This data will only be used for the purposes of User records, contact with the User, and verification of User identity.
- Personal data of Users may be made available to entities entitled to receive it under applicable law, including competent justice authorities as well as payment intermediaries and banks within the limits of applicable law, including primarily based on the Act of 1 March 2018 on Money Laundering and Financing of Terrorism Prevention. Personal data of Users may also be transmitted to attorneys and solicitors cooperating with the Administrator.
- Personal data of Users will not be transferred to a third country unless, at the request of entities entitled to receive it under applicable law, including competent justice authorities within the limits of applicable law.
- The User voluntarily agrees to the processing of their personal data in order to receive commercial information electronically in accordance with the General Regulation of 27 April 2016 on the protection of personal data and the Act of 18.07.2002 (Journal of Laws No 144, item 1204 as amended) on the provision of services electronically, through a statement on the Website. This consent may be withdrawn.
- In the cases and on the basis laid down in the general regulation of 27 April 2016 on the protection of personal data and in the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No 144, item 1204 as amended), You have the right to access the content of your data and the right to rectify, delete, restrict processing, the right to transfer data, the right to object, the right to withdraw your consent at any time without affecting the lawfulness of the processing, which was conducted on the basis of a consent prior to its revocation.
- The User has the right to lodge a complaint with the supervisory authority when they consider that the processing of personal data relating to it violates the provisions of the General Data Protection Regulation of 27 April 2016. 10.In accordance with the general regulation of 27 April 2016 on the protection of personal data, each person has the right to control the processing of data relating to them. At the request of the data subject, the Administrator shall, within 30 days, inform the subject in writing of their rights and provide personal information regarding their personal data. The above right is granted to the person concerned no more than once every 6 months. 11.Properly secured copies of documents and information obtained by application of the security measures listed in §7 of the Terms and Conditions will be kept until the expiration of the documentation obligation under the provisions of the Act of 1 March 2018 on Money Laundering and Financing of Terrorism Prevention. 12.Personal data of Users will not be processed in an automated manner, including in the form of profiling.
§10 COMPLAINT PROCEEDINGS
- You may submit complaints about the operation of the Service described in these Terms and Conditions.
- The claim may be submitted electronically to [email protected] or by sending a registered letter to BITCAN sp. z o.o., Swoboda 11, 60-389 Poznań.
- The letter of complaint should contain at least: • name and email address under which the User is registered in the Service, • a description of the functionality to which the complaint relates or other circumstances justifying the complaint, • as well as the User's specific request related to the complaint being filed.
- Claims shall be processed within 14 days from the date of receipt of the notification together with a thorough description of the complaint. You will receive information about the manner of processing the claim by electronic correspondence to the address indicated in the claim or to the contact address indicated in the complaint letter submitted in the form of a registered letter.
- The administrator on working days from 9 am to 5 pm guarantees the availability of his consultants at the telephone number indicated on the website and through a messenger indicated on the Website and on social networking sites. It is possible to immediately obtain information beyond w/during hours based on consultantss availability, however, the Administrator stipulates that the reply to an inquiry made in the late evening hours or on a day off work will be given within the next working day.
§11 FINAL PROVISIONS
- The Terms and Conditions are an integral part of the agreement entered into by the Administrator and the User.
- Please send any questions about the activities of the Service to: [email protected]
- In matters not regulated in the Terms and Conditions, the relevant provisions of Polish law, and in particular the relevant provisions of the Civil Code and the provisions of the Act of 30 May 2014 on the rights of the consumer (Journal of Laws 2014, item 827) shall apply.
- A User who is a consumer within the meaning of Art. 221 of the Civil Code, in the event of a possible dispute with the Administrator, has the opportunity to take advantage of out-of-court means of redress i.e. for example assistance from the city or county consumer advocate, assistance from consumer organizations, amicable consumer courts, or mediation. For more information about out-of-court ways to handle claims, the User can find on the Competition and Consumer Protection Office website at: https://uokik.gov.pl/sprawy_indywidualne.php, the search engine of local consumer assistance institutions available to the User is located at: https://uokik.gov.pl/kontakt.php.
- Possible disputes arising between a non-consumer User within the meaning of Art. 221 of the Civil Code and the Administrator shall be decided by the court locally competent for the city of Poznań.
- In order to close a User Account, the User sends a statement of cancellation of the use of the Service by email to: [email protected] Virtual currencies remaining in the User's Account will be returned to the external wallet address indicated by the User.
- The Terms and Conditions shall enter into force on 29.06.2021.