Terms

Terms & Conditions

These Regulations specify the rules for using the Internet Portal called "BitCan.pl".


§1 DEFINITIONS

Whenever these Regulations mention:

1. Administrator - it ought to be understood as the owner of the "BITCAN" website - Litpay Sp. z o. o. with headquarters in Poznań at ul. Bóżnicza 15 lok. 6, 61-751 Poznań, NIP: 7831797973, REGON: 382609890, entered into the Register of Entrepreneurs kept by the District Court Poznań - Nowe Miasto in Poznań, VIII Commercial Department of the National Court Register under the number KRS 0000772632. Share capital PLN 500,000.00.

2. Website - it ought to be understood as the website called "BitCan.pl" operated by the company Litpay Sp. z o. o. with its registered office in Poznań available at www.bitcan.pl.

3. User account - it ought to be understood as the part of the virtual space of the Website intended for the exclusive use by the User.

4. User - it ought to be understood as a natural person using the services of the Website who is of legal age within the meaning of the Civil Code, which means that he is at least 18 years old.

5. Virtual currencies - it ought to be understood as virtual currencies available as part of the Website's services, i.e. transferable intangible assets of a trade nature exchangeable in legal transactions for legal means of payment and accepted by natural and legal persons as a means of exchange and which can be electronically stored or transferred to another natural or legal person or to be the subject of electronic commerce, and not being:

a) legal tender issued by the NBP, foreign central banks or other public administration bodies,

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 trading in financial instruments,

d) an international unit of account established by an international organization and accepted by individual countries belonging to or cooperating with that organization,

e) a promissory note or by check issued in a legal tender or international unit of account.

6. The General Regulation on the protection of personal data of 27 April 2016 - it should be understood as Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC and all acts related thereto.

7. Act of 1 March 2018 on counteracting money laundering and terrorist financing - it ought to be understood as the Act of 1 March 2018 on counteracting money laundering and terrorist financing (Journal of Laws of 2018 item 723) implementing the Parliament's directive European Union and Council (EU) 2015/849 of 20 May 2015 on the prevention of the use of the financial system for money laundering or terrorist financing and repealing the Act of 16 November 2000 on counteracting money laundering and terrorist financing.

8. Regulations - it ought to be understood as these Regulations available at www.bitcan.pl/regulamin.

9. Transactions - it should be understood as the realization of offers to sell or buy virtual currencies made by Website Users.

10.Offer - it ought to be understood as an offer within the meaning of art. 66 of the Act of April 23, 1964, the Civil Code, addressed to an individual recipient.


§2 GENERAL PROVISIONS

1. Using the Website is voluntary.

2. The absolute condition of using the Website is that the User agrees to the provisions of the Regulations by accepting them on the Website.

3. The User is obliged to refrain from any activity that could affect the proper functioning of the Website, including any interference with the content of the Website or its technical elements.

4. The Administrator is not responsible for any disruptions, including technical interruptions in the functioning of the Website caused by force majeure, unauthorized operation of third parties or for the Service's incompatibility with the User's technical infrastructure (the minimum technical conditions are set out in paragraph 5 below).

5. The use of the Website requires that the ICT system - used by the User - meet the following minimum technical requirements, i.e.:

a) having a device - enabling access to the Internet, equipped with an efficient operating system, e.g. Android, IOS, Linux or Windows - with the current version of the web browser installed - providing access to Internet resources, such as: Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome or other compatible, as well as

b) having an active e-mail account.


§3 SUBJECT OF THE SERVICE

1. The main task of the Website is to enable Users to Buy or Sell virtual currency units.

2. Website services are payable. The fee for using the Website is included in the Virtual Currency exchange rate.

3. The Website verifies the course of Virtual Currencies available on the market, selecting the most favorable for the User - at the moment - Offer to buy or sell Virtual Currencies, depending on the User's Quotation.

4. Due to the high volatility of Virtual Currencies exchange rates, the amount of sales / purchases of the Virtual Currency indicated in the User's request may be slightly different from the actually finalized transaction.

5. As of the day on which these Regulations apply, the Bitcoin Virtual Currency (BTC) is available on the Website. Possible extension of the Website's offer by other virtual currencies does not change the content of the Regulations. Users will be informed via e-mail about the extension of the Website's offer.

6. The Website is not a guarantee of investment in Virtual Currencies, the Administrator undertakes actions to make Users aware of the risk of such investments, primarily taking into account the position of the National Bank of Poland and the Polish Financial Supervision Authority regarding Virtual Currencies, the full content of which can be found at:

https : //www.knf.gov.pl/komunikat_mobilny? articleId = 57363 & p_id = 18 .

7. The Website does not carry out any activities in the field of investment consulting or active solicitation to purchase Virtual Currencies. The website also does not cooperate with any companies or consultants encouraging to invest in Virtual currencies. We kindly ask you to report any attempts to impersonate Bitcan.pl employees or associates and we strongly advise against sending virtual currencies purchased on the website to external wallets belonging to strangers.


§4 CREATION OF A USER ACCOUNT, USER VERIFICATION

1. Using the Website requires the creation of a User Account. In order to create a User Account, the User is required to provide their email address and phone number, and create a password. Using the User Account requires confirmation of registration via a link to the website received to the e-mail address provided when creating the User Account and the code received to the indicated phone number.

2. Considering the security considerations specified in §7 of the Regulations, the Administrator verifies the User's identity on the basis of an identity document and personal data resulting from it before conducting the transaction. For this purpose, the User, via the User Account, sends or takes photographs of the ID document from both sides and a photo with the User's image with clearly visible facial features along with the front of the ID document in the format and quality using a webcam, allowing for their clear identification. The website accepts:

a. A photo of two pages of an ID card with clearly visible data:

- name and surname,

- citizenship,

- document series and number,

- PESEL number or date of birth - if no PESEL number has been issued,

- residential address,

- photo or

b. a passport photo with clearly visible data:

- name and surname,

- citizenship,

- document series and number,

- PESEL number or date of birth - if no PESEL number was issued,

- place of birth,

- photo.

3. The User is also obliged to:

a) make statements regarding the legality of the funds,

b) make a statement that he is not a person holding an exposed political position - within the meaning of art. 2 clause 2 point 11 of the Act of 1 March 2018 on counteracting money laundering and terrorist financing - neither a family member or a close associate of such a person.

4. The Website will be verified when the User provides all necessary data indicated above.

5. The data indicated during the verification should coincide with the data of the bank account from which the payment was made on the Website. If the data provided by the User during the verification prove to be incompatible with the transfer data, false, incomplete or incorrect, the Administrator has the right to suspend the User's access to all functions of the Website until clarified.

6. The User shall be fully responsible for the correct and factual supplement of the User's data referred to in paragraph 2.

7. Before an effective identity verification is carried out, the User may not make Transactions. In case of providing false data, the Administrator immediately blocks access to the User Account until successful verification has been carried out.

8. User data are processed on the principles set out in § 9 of the Regulations.

9. In order to open a User Account for a legal person, please contact the Website Administrator at the e-mail address: [email protected] and follow the instructions provided in the form of an email.


§5 TRANSACTION PROCEDURE

1. The User, by submitting an Inquiry, indicates the amount of funds expressed in Polish zlotys (PLN) that he wants to spend on the purchase of Virtual Currency or the number of Virtual Currency units that the User intends to sell.

2. Due to the considerable volatility of the value of Virtual Currencies, the final verification of the Offer takes place:

a) at the moment of providing the Administrator with the appropriate number of Virtual Currencies units to be sold by the User, or

b) at the moment of posting on the Administrator's bank account or transferring to the payment intermediary's account funds intended for the purchase of Virtual Currency by the User.

The value of units of individual Virtual Currencies indicated on the Website's main page is their current available value on the market at the moment, however, at the time of transfer of funds by the Buyer it may change.

3. The funds allocated for the purchase of virtual currencies are transferred to the Administrator by the User:

a) using the services of the payment broker tpay.pl, whose operator is Krajowy Integrator Płatności SA with its registered office in Poznań, at ulica Święty Marcin 73/6, entered into the Register of Entrepreneurs of the National Register Court kept by the District Court Poznań - Nowe Miasto in Poznań, VIII Commercial Department of the National Court Register under the number KRS 0000412357;

The amount accepted at one time may not exceed PLN 50,000;

b) directly to one of the Administrator's bank accounts after prior agreement on the terms of the Transaction and passing two-level verification (video verification). In order to agree on the terms of the Transaction, please contact the Website Administrator at the email address: [email protected] .;

4. The proceeds from the sale of virtual currencies are provided by the Administrator to the User:

a) directly to the bank account indicated by the User, with payments being made only once a week, ie on each last business day of the week;

b) via Dotpay Sp. z o. o. with headquarters in Krakow at ul. Wielicka 28B, 30-552 Kraków, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under the number KRS 0000700791.

A single payment amount may be a minimum of PLN 200.

The use of the express payment made by Dotpay Sp. z o. o. requires prior verification of the bank account to which the payment is to be made by making a verification transfer of PLN 1, withdrawals to an unverified bank account number will not be made;

5. The service is provided immediately after the User's offer has been approved. The administrator on behalf of and for the benefit of the User purchases funds with the value currently available on the market. After the transfer of funds, the User may not withdraw from the Transaction. The right to withdraw from a distance contract is not entitled to the User, if the Administrator has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the performance of the service by the entrepreneur will lose the right to withdraw from the contract (Article 38 paragraph 1. of the Act of May 30, 2014 on consumer rights).

6. Virtual currencies purchased on behalf of and for the benefit of the User are immediately transferred to the unique address of the User's Wallet, created at the User's Account, from where the User may dispose of them in any way.

7. The administrator as well as payment intermediaries and banks apply all security measures ensuring the liquidity of transactions and protection of funds. The transaction is finalized no later than 1 business day from its commencement.

8. The minimum value of the Transaction is the equivalent of 50 Polish zlotys (PLN).

9. The maximum transaction value is PLN 100,000 per week per User. The Administrator has the right to suspend the possibility of making a transaction for a User who exceeds the above-mentioned value.

10. The Administrator does not agree to make payments on the Website via credit and debit cards. All payments made through the above mentioned cards will be returned to the User's bank account.


§6 LIABILITY

1. The User is obliged to guarantee the lawfulness of all actions undertaken by him as part of the Transaction.

2. Each User is obliged to release the Administrator from liability towards any third parties, and also repair any damage that the Administrator will suffer in the event of any third party claims in connection with the User's use of the Website in a manner inconsistent with the Regulations, decency or regulations rights.

3. The User is obliged to refrain from any activity that could affect the proper functioning of the Website, including any interference with the content of the Website or its technical elements. The User acknowledges that he is the only person responsible for activities carried out under his User Account and the Transactions concluded by him.

4. The Website may not be used for purposes other than its intended purpose.

5. The User is obliged to immediately notify the Administrator of any use of his User Account by an unauthorized person or attempted such use, of which he became aware, as well as other breaches of the Website's security.

6. The Administrator is not responsible for using the Website Services in a manner inconsistent with its intended purpose or inconsistent with applicable law.

7. The Administrator is not responsible for blocking, seizing or securing User funds by relevant entities or judicial authorities under applicable law - including primarily on the basis of the Act of 1 March 2018 on counteracting money laundering and terrorist financing.

8. The Administrator is not responsible for the source of funds used in the Transaction to the extent exceeding its obligations under applicable law, including in particular the Act of 1 March 2018 on counteracting money laundering and terrorist financing.


§7 TRANSACTION SECURITY

1. The User acknowledges that Virtual currencies are not electronic money and do not fall within the scope of the Act of 19 August 2011 on payment services and the Act of 29 July 2005 on trading in financial instruments.

2. The administrator is an obligated institution within the meaning of the Act of 1 March 2018 on counteracting money laundering and financing of terrorism (Journal of Laws 2018 item 723).

3. As part of the Website's activity, the Administrator uses services provided by third parties, including payment intermediaries and banks, i.e. entities that are obligated institutions within the meaning of the Act of 1 March 2018 on counteracting money laundering and terrorist financing.

4. In accordance with the provisions of the Act of 1 March 2018 on counteracting money laundering and terrorist financing, the Administrator applies financial security measures as specified in art. 34. of this Act and shall exercise due diligence in carrying out activities and discharging the obligations arising from the provisions of the Act.

5. In accordance with art. 35 paragraph 1.points 1, 2, 5 and 6 of the Act of 1 March 2018 on counteracting money laundering and terrorist financing, the Administrator applies financial security measures in the scope of identifying Users and verifying their identity before they make Transactions. Detailed conditions of identification are specified in art. 36 and art. 37 of this Act and §4 of the Regulations.

6. If it is not possible to apply the financial security measures listed in §7 para. 4 of the Regulations, the Administrator refuses to carry out transactions, including occasional transactions, and finally terminates economic relations with the customer.

7. The administrator may apply simplified financial security measures in the cases specified in art. 42 of the Act of 1 March 2018 on counteracting money laundering and financing of terrorism.

8. The administrator applies increased financial security measures in the cases specified in art. 43 of the Act of 1 March 2018 on counteracting money laundering and terrorist financing, in particular in art. 43 item 2 point 7 of this Act. Increased financial security measures include video verification to further confirm the User's identity.

9. The Administrator makes active efforts to ensure the legality of actions taken by Website Users. All activities of the Administrator are carried out with respect for Users' rights, including primarily the right to privacy and the right to protection of User's personal data.

10. However, taking into account the Administrator's limitations in the availability of funds enabling control of Users' activities, the Administrator may not bear any responsibility for any breach of law by Website Users.

11. The administrator has introduced an internal procedure in the field of counteracting money laundering and terrorist financing in accordance with the obligation arising from the Act of 1 March 2018 on counteracting money laundering and terrorist financing.

12. According to art. 34 paragraph 4 of the Act of 1 March 2018 on counteracting money laundering and financing of terrorism, the Administrator has the right to make electronic copies of documents confirming the identity of Users and - to the extent that he is obliged to store Users' data - he uses this right. At the same time, copies of the documents are stored only in electronic form in a way that prevents access by unauthorized persons.

13. For security reasons, each time important elements of the User Account are changed, such as phone number or e-mail address, the User Account will be blocked for a period of 48 hours from the time of making the change.


§8 FEES

1. The use of the Website in the field of Virtual Currency Exchange services is payable.

2. The fee for using the Website's services is automatically charged and is included in the virtual currency exchange rate presented.


§9 PROTECTION OF PERSONAL DATA, PRIVACY POLICY

1. The data administrator is Litpay Sp. z o. o. with headquarters in Poznań at ul. Bóżnicza 15/6, 61-751 Poznań, NIP: 7831797973, REGON: 382609890, entered into the Register of Entrepreneurs kept by the District Court Poznań - Nowe Miasto in Poznań, VIII Commercial Department of the National Court Register under the number KRS 0000772632.

2. The user agrees processing of personal data for the purpose of implementing services provided electronically by the Administrator on the basis of the general regulation on the protection of personal data of 27 April 2016 by a statement on the Website's website.

3. This consent may be withdrawn. In the event of withdrawal of consent, the Administrator is obliged to suspend the Transaction, and may refuse to continue providing services.

4. The Administrator is entitled to process User's personal data in order to implement the provisions of these Regulations, subject to the data security requirements set out in the General Regulation of 27 April 2016 on the protection of personal data. These data will be used only for the purposes of Users 'records, contact with the User and verification of Users' identities.

5. Users' personal data may be disclosed to entities authorized to receive them under applicable law, including relevant judicial authorities as well as payment intermediaries and banks within the limits of applicable law - including primarily on the basis of the Act of March 1, 2018. on counteracting money laundering and terrorist financing. Users' personal data may also be forwarded to lawyers cooperating with the Administrator.

6. Users' personal data will not be transferred to a third country, unless at the request of entities authorized to receive them under applicable law, including relevant judicial authorities within the limits of applicable law.

7. The User voluntarily consents to the processing of his personal data in order to receive commercial information by electronic means 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 by electronic means through a statement on the Website. This consent may be withdrawn.

8. In cases and on the principles set out 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), the User has the right to access their data and the right to rectify, delete, limit processing, the right to transfer data, the right to raise objections, the right to withdraw consent at any time without affecting the lawfulness of the processing which was made on the basis of consent before its withdrawal.

9. The User has the right to lodge a complaint to the supervisory body, if he considers that the processing of personal data concerning him violates the provisions of the general regulation on the protection of personal data of 27 April 2016.

10.In accordance with the general regulation of 27 April 2016 on data protection personal data, every person has the right to control the processing of their data. At the request of the data subject, the Administrator is obliged to inform in writing within 30 days of his rights and provide information regarding his personal data. The aforementioned right is entitled to the person concerned no more than once every 6 months.

11. Properly secured copies of documents and information obtained as a result of the security measures listed in §7 of the Regulations will be stored until the expiry of the documentary obligation arising from the provisions of the Act of 1 March 2018 on counteracting money laundering and terrorist financing.

12. Users' personal data will not be processed in an automated manner, including in the form of profiling.


§10 COMPLAINTS PROCEDURE

1. The User may submit complaints regarding the functioning of the Website described in the Regulations.

2. A complaint claim may be submitted electronically to the following e-mail address: [email protected] or by sending a registered letter to the following address: Litpay Sp. z o. o. ul. Bóżnicza 15 lok. 6, 61-751 Poznan.

3. A complaint should contain at least:

- name and email address at which the User appears on the Website,

- 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.

4. Complaints shall be considered within 14 days of receipt of the application together with a detailed description of the complaint. The User will receive information on how to handle the complaint by electronic mail to the address indicated in the complaint or to the correspondence address provided in the complaint submitted in the form of a registered letter.

5. The administrator on business days from 9am to 5pm guarantees the availability of his consultants by phone number indicated on the website and via a messenger placed on the Website and on social networks. Immediate obtaining of information outside of the above hours is possible if consultants are available, however, the Administrator reserves that answering the query made in the evening or on a non-working day will take place within the next business day.


§11 FINAL PROVISIONS

1. The Regulations constitute an integral part of the agreement concluded by the Administrator and the User.

2. Please send any questions regarding the Website's activity to: [email protected]

3. In matters not covered in the Regulations, the relevant provisions of Polish law shall apply, in particular the relevant provisions of the Civil Code and the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827).

4. The 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 option of using extrajudicial means of redress, i.e. for example: assistance from the municipal or poviat consumer ombudsman, assistance from consumer organizations, consumer arbitration courts or mediation. More information on out-of-court methods of pursuing claims can be found on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/spprawy_ind Individualne.php , the

search engine of the institutions providing consumer assistance locally for the User can be found at: https : //uokik.gov.pl/kontakt.php .

5. Any disputes arising between the User who is not a consumer within the meaning of art. 221 of the Civil Code and the Administrator will be settled by the court competent for the city of Poznań.

6. In order to close the User's Account, the User sends a statement of resignation from the services of the Website via e-mail to the following address: [email protected] Virtual currencies remaining on the User's Account will be returned to the external wallet address indicated by the User.

7. The Administrator reserves the right to amend the Regulations for important technical, legal and / or organizational reasons. The amendment to the Regulations becomes effective on the date indicated by the Administrator, not less than 7 days from the moment of making the amended Regulations available on the Website. The previous provisions of the Regulations shall apply to Transactions made by Users prior to the entry into force of amendments to the Regulations.

8. The Regulations enter into force on 16.03.2020.


The content of Terms & Conditions is translated on 16.03.2020 from Polish version available at: https://bitcan.pl/regulamin , and this is the primary reference in cases of contractual conditions.