REGULATIONS FOR THE PROVISION OF VIRTUAL CURRENCY EXCHANGE SERVICES BY I3ATM Sp. z o. o. (16.06.2021)
These Regulations are intended for Users who concluded with I3ATM Sp. z o. o. agreement for the exchange of units of Virtual Currencies via the Cryptomat. The exchange takes place as part of the provision of electronic services, remotely. It is made at the individual request of the User, through the transfer of data, sent and received using electronic processing devices, via a telecommunications network within the meaning of the Act of July 16, 2004 - Telecommunications Law.
- Service Provider - I3ATM Sp. z o. o., MARSZ. JÓZEFA PIŁSUDSKIEGO, nr 74, lok. 320, 50-020 WROCŁAW, Poland
- Website - a website located at https://statusatm.com , run by the Service Provider, which contains information about the service and the possibility of registering the User.
- User - a natural person using the Website or the Cryptomat who has full legal capacity or a legal representative authorized to act on behalf of a legal person or an organizational unit without legal personality who in any way uses the Website or the Cryptomat and the Services available there;
- Services - services provided by the Service Provider to the User by electronic means regarding the exchange of the Virtual Currency;
- Crypto Service - a service referred to in §5 of the Regulations, consisting in the exchange of Virtual Currency for cash (FIAT) or the exchange of cash (FIAT) for Virtual Currency using the Cryptomat;
- Virtual currencies - a digital representation of value that is not:
- legal tender issued by the National Bank of Poland, foreign central banks or other public administration bodies,
- an international unit of account established by an international organization and accepted by individual countries belonging to this organization or cooperating with it,
- electronic money referred to in art. 2-point 21a of the Act of 19 August 2011 on payment services (Journal of Laws of 2019, item 659, as amended - hereinafter referred to as UUP)),
- a financial instrument referred to in Art. 2 clause 1 of the Act of July 29, 2005 on trading in financial instruments (Journal of Laws of 2018, item 2286 as amended - hereinafter referred to as UOIF),
- by bill or check; and is tradable for legal tender and accepted as a medium, and can be electronically stored or transferred or be subject to e-commerce;
- Order - User's declaration of will addressed to the Service Provider, containing an order to perform a Transaction;
- Cryptomat - a device belonging to the Service Provider used to provide the Services;
- Regulations - this document, the acceptance of which is necessary for the performance of the Service and the conclusion of a legally binding contract by the Parties;
- Transaction - exchange of Virtual Currency into cash (FIAT) or exchange of cash (FIAT) into Virtual Currency initiated by the User;
- Agreement - a virtual currency exchange agreement concluded between the User and the Service Provider;
- AML - the Act of March 1, 2018 on counteracting money laundering and financing of terrorism (Journal of Laws of 2019, item 1115, as amended).);
- GDPR - Regulation (EU) 2019/679 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 (general regulation on data protection).
§2 [GENERAL PROVISIONS]
- The Regulations define the terms and conditions of the Service Provider's performance for the User of the Services, enabling the User to exchange (sell or buy) the Virtual Currency, including the rules for using the Services as well as the rights and obligations of the Service Provider and the User.
- The absolute condition for using the Service is the User's voluntary acceptance of the content of these Regulations by submitting an appropriate declaration of will at the time of submitting the Order at the latest. In the case of unregistered Users, it is necessary to express acceptance of these Regulations with each Order, and in the case of registered Users, the Regulations are accepted with the first Order, and in the future only in the event of changes to the Regulation.
- Using the Website may require providing the Service Provider with an active e-mail address and / or mobile phone num.
- The Service Provider ensures the security of data exchange by using the HTTPS protocol and obtaining an appropriate SSL security certificate.
- The Service Provider informs that with the implementation of the Services as operations aimed at trading in virtual currencies there is a risk of loss of value of the invested fund.
- In connection with the provision of the Services, the Service Provider provides the User with content protected by intellectual property law, in particular works protected by copyright, materials bearing or may bear such trademarks. The user is obliged to comply with the provisions of intellectual property.
§3 [SERVICES PROVIDED BY THE SERVICE PROVIDER]
- In accordance with the conditions provided for in the Regulations and the Agreement concluded on its basis, the Service Provider, as a result of the Order received, performs a specific Transaction for the User. The services provided by the Service Provider to the User consist in the execution of the Order of sale or purchase by the User of units of Virtual Currency via the Cryptomat.
- The list of currently available currencies, virtual and fiat FIAT, is displayed in the Cryptomate.
- By submitting the Order via the Cryptomate, the User accepts the Virtual Currency exchange offer at the rate proposed by the Service Provider, which is tantamount to concluding the Agreement on the terms described in these Regulations.
- The Agreement is terminated after the Order is placed by the User ceasing to use the Cryptomat, which may occur at any time until the Virtual Currency units are transferred to the User's wallet (in the case of Virtual Currency sale) or until the banknote is inserted into the Cryptomat's banknote acceptor, the case of purchase of Virtual Currency (as long as they have been correctly recognized by the Cryptomat).
- The final price of the Virtual Currency exchange is determined at the time of placing the Order. Due to the dynamic volatility of the Virtual Currencies exchange rate, the Service Provider informs that in exceptional circumstances (e.g. inserting banknotes into the Cryptomat for too long), when a significant change in the exchange rate occurs during the processing of the Transaction, the transaction may be unilaterally canceled by the Service Provide.
§5 [Cryptomate service]
- The Cryptomat service gives you the option to exchange Virtual Currency for cash (FIAT) and exchange cash (FIAT) for Virtual Currency.
- Placing an Order as part of the Cryptomate Service is carried out in accordance with the instructions available in the Cryptomat.
- In the event of any error related to the functioning of the Cryptomat, the User is obliged to report this fact to the Service Provider and follow the procedure set out in §10 of the Regulations.
§6 [SERVICE PROVIDER FEES AND COMMISSIONS]
- In the case of the Cryptomate Service, the Service Provider's commission is included in the offered Virtual Currency purchase or sale rate, accepted by the User at the time of inserting banknotes into the Cryptomat's banknote acceptor (Virtual currency purchase) or when approving the Virtual Currency sending to the Service Provider's wallet (Virtual Currency sale)).
- The Service Provider's commission is variable, depending on the situation on the virtual currency market. The User knows the total cost of the Transaction, because at the time of the Transaction, he knows at what rate he buys or sells the Virtual Currency.
- The Service Provider is obliged to reliably perform the Service for the User.
- The Service Provider reserves the right to temporarily block access to the Website and the possibility of placing Orders. The Service Provider does not guarantee the constant operation of Cryptomat’s and the amount of cash available in Cryptomats, which he replenishes according to his own priorities and possibilities.
- The Service Provider is not responsible for non-performance or improper performance of the Service, if it is caused by circumstances not attributable to the Service Provider.
- The Service Provider shall not be liable for non-performance or improper performance by the User of obligations under the generally applicable provisions of law. The Service Provider is not responsible for providing false and incomplete information by the User to the Service Provider, in particular in the event of providing third party data without their consent or knowledge.
- The user is aware that the virtual currencies are not conventional currency or electronic money - they do not fall within the scope of the Act of August 19, 2011 on payment services (Journal of Laws of 2011, No. 199, item 1175 with as amended) and the Act of July 29, 2005 on trading in financial instruments (consolidated text: Journal of Laws of 2014, item 94, as amended).).
- The service provider is an obligated institution within the meaning of the Act on counteracting money laundering and financing of terrorism (AML).
- In accordance with the AML regulations, the Service Provider applies financial security measures specified in Art. 34 AML and performs due diligence in performing activities and performs the obligations resulting from AML.
- The Service Provider may perform certain obligations, in particular with regard to the identification and verification of Users' identity.
- In the event of inability to fulfill the obligations indicated in the AML, the Service Provider is entitled to refuse to perform the Services.
- In the case specified in point 5, the Service Provider is not responsible for non-performance or improper performance of obligations under the concluded Agreement.
§9 [PROCESSING OF PERSONAL DATA]
- In connection with the implementation of the Service, the Service Provider acts as the Personal Data Administrator and may process the User's personal data.
- The administrator of the User's data is the Company I3ATM Sp. z o. o. with its seat in MARSZ. JÓZEFA PIŁSUDSKIEGO, nr 74, lok. 320, 50-020 WROCŁAW, Poland, operating in accordance with the provisions of Polish law, registered in the register of entrepreneurs kept by the Court Sąd REJONOWY DLA WROCŁAWIA-FABRYCZNEJ WE WROCŁAWIU, VI WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDOWEGO under KRS number 0000854287, NIP: PL8971882745, REGON386939347, represented by the Management Board, in the composition specified each time in the register of entrepreneurs of the National Court Register (hereinafter referred to as the "Administrator”).
§10 [COMPLAINT PROCEDURE]
- The User is entitled to submit complaints regarding the method of providing the Services by the Service Provider indicated in the Regulations.
- The complaint should contain at least:
- Information enabling the identification of the transaction: date, time, transaction amount, virtual currency type, problem description, location of the Cryptomat (if applicable);
- User data - in the case of a registered User.
- The settlement of the complaint will be delivered to the User by e-mail or in writing, depending on the form of the complaint. Consideration of the complaint and providing the answer will take place without undue delay, but not later than within 30 days from the date of receipt of the complaint. To keep the above-mentioned, it is enough to send a reply to the User before its expiry.
- Any refunds are made after the Service Provider accepts the complaint at the Virtual Currency exchange rate applicable on the date of return.
§11 [FINAL PROVISIONS]
- The Regulations constitute an integral part of the Agreement.
- The Regulations may be changed, the current version will always be available in the Cryptomat. In the event of significant changes to the Regulations, its approval will be required before making the transaction.
- In matters not covered by these Regulations, applicable law shall apply, appropriate for the seat of the Service Provider. Any disputes arising in connection with or on the occasion of the performance of the Service, the parties undertake to settle by mutual negotiations or mediation, and in the event of failure to reach an agreement, these disputes will be submitted to the court competent for the seat of the Service Provider or - if a party to the Agreement is a Consumer - the court competent for the Consumer.