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USER’S TERMS AND CONDITIONS

The User’s Terms and Conditions outline the rules of using ARI10 Gateway

§1. DEFINITIONS

  1. ARI10 Gateway - an element of graphic user interface, located on the Administrator’s Website that makes it possible to conclude an Agreement for the purchase of a Virtual Currency, under the terms and regulations stipulated by the User’s Terms and Conditions, to which BITCAN Ltd. holds the exclusive rights;

  2. User - a natural person, aged 18 or over who carries out a Transaction using the ARI10 Gateway in accordance with these User’s Terms and Conditions;

  3. Service Provider - BITCAN Ltd.. with registered office in Poznań, address: Swoboda 11, 60-389 Poznań, entered in the Register of Entrepreneurs kept by the Poznań – Nowe Miasto District Court in Poznań, 8th Commercial Division of the National Court Register under the following KRS [National Court Register] number: 0000808472, NIP [Polish Taxpayer ID no.]: 6292495068, REGON [Polish Business ID no.]: 384619443, share capital of PLN 10,500.00

  4. Administrator - the administrator of the Website on which the ARI10 Gateway is published.

  5. User’s Terms and Conditions - The User’s Terms and Conditions outline the rules of using ARI10 Gateway

  6. Transaction - the execution of offers leading to Virtual Currency purchase on behalf of Users;

  7. Offer - an offer within the meaning of Article 66 of the Act of 23 April 1964 Civil Code addressed to the User;

  8. Law - Law of 1 March 2018 on anti-money laundering and counter-terrorist financing, together with amending acts;

  9. Obligated Institution - in the case of these User’s Terms and Conditions, an entity conducting business activities involving the provision of services referred to in Article 2(1)(12) of the Law;

  10. Virtual Currency - Virtual Currency within the meaning of Article 2(2)(26) of the Act; virtual currencies available within the ARI10 Gateway, i.e. a digital representation of value that is not:

    1. a legal tender issued by the National Bank of Poland, foreign central banks or other public authorities,

    2. an international unit of account established by an international organisation and accepted by individual countries belonging to or cooperating with that organisation,

    3. an electronic money within the meaning of the Act of 3 August 19 2011 on payment services,

    4. a financial instrument within the meaning of the Act on Trading in Financial Instruments of 4 July 29 2005,

    5. bill of exchange or cheque - and is exchangeable in business for legal tender and accepted as a medium of exchange, and may be electronically stored or transferred or may be the subject of electronic commerce;

  1. GDPR - General Data Protection Regulation of 27 April 2016, 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, repealing Directive 95/46/EC, and all legal instruments related thereto;

  2. Fees - fees for executing a Transaction; charged as the amount of Virtual Currency included in the purchase Offer presented in the ARI10 Gateway, which consists of:

    1. Transaction Fee - a fee for payment intermediary service providers and exchange fees related to the execution of a Transaction;

    2. Commission - remuneration for the Transaction execution.

§2. SCOPE OF ARI10 GATEWAY’S OPERATION

  1. The ARI10 Gateway allows the User to purchase Virtual Currencies.

  2. Use of the ARI10 Gateway is voluntary. In order to use the ARI10 Gateway, the User must agree to the provisions of the User’s Terms and Conditions by accepting them, thereby entering into an electronic Agreement the object of which is to carry out Transactions for the User on the terms set out in the User’s Terms and Conditions.

  3. In the case of Transactions:

    1. The Transaction is carried out by the Service Provider,

    2. The Service Provider purchases Virtual Currencies in the name and on behalf of the User at the current exchange rate and then transfers the Virtual Currencies to the wallet address indicated by the User.

  4. A fee for executing a Transaction via the ARI10 Gateway shall be paid; all Fees, i.e. Transaction Fee and Commission, are included in the purchase price of the Virtual Currency and presented in the Offer.

  5. None of the entities listed in the User’s Terms and Conditions is not the guarantor of investments in Virtual Currencies, and takes steps to make the Users aware of the risks of such investments. One of the most important things that need to be taken into consideration is the position of the National Bank of Poland and the Financial Supervision Authority on Virtual Currencies, the full content of which can be found at the following address: https://www.knf.gov.pl/knf/pl/komponenty/img/Ostrzezenie_UKNF_o_ryzykach_zwiazany ch_z_nabywaniem_oraz_z_obrotem_kryptoaktywami_72241.pdf

  6. Administrator, Partner and Provider shall not be liable for any interruption, including technical interruptions in the operation of the ARI10 Gateway caused by force majeure, unauthorised actions of third parties or the incompatibility of the ARI10 Gateway with the User’s technical infrastructure.

  7. In order to use the ARI10 Gateway, the IT system of the User must meet the following minimum technical requirements, i.e:

    1. a device – enabling access to the Internet, equipped with a functioning operating system,

e.g. Android, IOS, Linux or Windows – with the current version of a web browser installed – providing access to Internet resources, such as: Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome, or other compatible one, and,

  1. an active e-mail account and phone no.

  1. In the case of concluding Transaction the Service Provider, as well as all entities through which the Transaction is carried out, shall apply the financial security measures indicated in the Act.

  2. User data are processed according to the principles specified in §7 of the User’s Terms and Conditions.

§3. PURCHASING TRANSACTION PROCESS

  1. The User, at his choice, may purchase Virtual Currency in two amount thresholds, i.e:

    1. for an amount not exceeding PLN 2,000 (i.e. from PLN 100.00 to PLN 2,000.00)

    2. for an amount exceeding PLN 2,000, up to a maximum of PLN 40,000 (between PLN 2,000.00 and PLN 40,000.00)

  2. The limit indicated above refers to a single Transaction or a total amount of Transactions done by User in the 24-hour period.

  3. In the case of purchasing Transactions for an amount not exceeding PLN 2,000, no User verification procedure is required; in this case the creation of a User Account is not required to execute the Transaction.

  4. In the case of some Transactions it may be necessary for the User to fulfill the verification procedure regardless of the Transaction amount.

  5. In order to execute the purchase Transactions not exceeding PLN 2,000, the User is obliged to provide a telephone number and e-mail address; after correct verification with the code received to the indicated telephone number, the User is entitled .

  6. In order to execute the purchase Transactions exceeding PLN 2,000, it is necessary to verify the User’s identity before the first Transaction as well as creation of the User’s account. Verification procedure is carried out by the Sumsub Substance Ltd Company Registration Number: 09688671 system or manually by sending scans of identity documents by the User. In order to do that, the User shall:

    1. In case of verification in the Sumsub system, the User is obliged to:

      • attaching photos of the document from both sides;

      • attaching a photo of the User/person acting on his behalf,

with a visible ID document.

  1. The company accepts the following identity documents:

    • ID card;

    • passport;

    • in the case of verification using the eDO App (solution provided in cooperation with Polska Wytwórnia Papierów Wartościowych S.A.): ID card, passport and residence card;

  2. If there are any doubts about the identity document, the verification is interrupted and rejected.

  3. The verification process is recorded in order to observe, analyze and determine whether the User:

    • is actually present in the process of verifying whether, for example, a photo is taken;

    • is under the influence of drugs;

    • acts independently or is under the influence of third parties;

    • is aware of the actions taken;

as well as for:

  • determining whether there are any other circumstances indicating or likely to indicate the crime of money laundering or terrorist financing or any other crime;

  • observation of the documents presented, also in terms of their authenticity;

  • comparing the photos in the identity document with the person.

  1. The execution of a Transaction, irrespective of the amount of the Transaction, shall start with the Quote submission done by the User in the ARI10 Gateway. The User submits a Quote request indicating the amount of funds expressed in Polish zloty (in PLN) that he wishes to allocate for the purchase of the Virtual Currency, or the amount of the Virtual Currency he wishes to purchase.

  2. Based on the request for Quote entered by the User and taking into account the current exchange rate, the ARI10 Gateway displays the amount of Virtual Currency that the User may transfer to the indicated wallet or the amount of money (in PLN) that the User has to spend on the purchase if he indicates in the ARI10 Gateway the amount of Virtual Currency that he wishes to buy;

  3. The information presented in the ARI10 Gateway after submitting an Quote by the User is binding for a specific period of time (“Offer Validity Period”). In order to complete the Transaction along with the information provided in the ARI10 Gateway, the User must provide the necessary data and the payment within a period not exceeding 15 minutes.

  4. The User transfers funds intended for the purchase of Virtual Currencies using the services of a payment intermediary.

  5. After the expiry of the Offer Period, the stated values shall be recalculated taking into account the request for Quote entered and the current exchange rate on the Virtual Currency market.

  6. Due to the significant volatility of the value of the Virtual Currencies, the final verification of the Offer takes place at the moment of transferring the money intended for the purchase of the Virtual Currency to the account of the payment intermediary.

11. The User accepts that he/she:

  1. bears the cost of the Transaction Fee;

  2. the final amount of Virtual Currency that the User receives as a result of the Transaction will be reduced by the Fees.

  1. The purchase Transaction shall be executed immediately after the User's offer has been approved and the User has paid the money.

  2. In the case of the Virtual Currency purchase Transaction:

    1. The virtual currencies purchased in the name and on behalf of the User are transferred to the unique address of the User’s Wallet provided by the User in the ARI10 Gateway, from where the User can dispose of them in any way;

    2. Transaction finalisation takes place no later than 1 business day after its order.

    3. After completing a Transaction, the User will receive, at the e-mail address provided in the ARI10 Gateway, a confirmation of the amount of the Virtual Currency purchased, together with information on the purchase price.

§4. TRANSACTION - DETAILED PROVISIONS

  1. By placing an order to execute a Transaction, the User declares that the funds or Virtual Currencies allocated for the execution of the Transaction are his/her property and that he/she is entitled to its disposal. A Transaction is not executed if the funds or Virtual Currencies subjected to the Transaction are not owned by the User.

  2. A Transaction is not executed if:

    1. the financial security measures applied show a violation or likelihood of violation of the provisions of the Act or other legal acts; Transactions initiated shall be suspended until clarification;

    2. The User has not complied with the requirements set out in the Rules;

    3. the obligation to refuse the execution of a Transaction results from the provisions of the Act or any other legal act or a decision or order of a court or any other competent authority;

    4. the funds or Virtual Currencies intended to execute the Transaction not belonging to the User;

    5. the Service Provider's inability to complete the Transaction results from the need to fulfill its obligations under applicable law.

  3. The Transaction is not executed if the User makes a payment in cash (in UER/USD) or in a Virtual Currency:

    1. after the expiration of the Offer Period, and due to a change in the exchange rate of the Virtual Currency, it will not be possible to purchase the Virtual Currency in the amount presented in the ARI10 Gateway under the conditions specified in Offer Period;

    2. less than the amount the User approved when entering the data in the ARI10 Gateway.

  4. In the case referred to in the preceding paragraph, as well as in the case when the applied financial security measures made it impossible to execute the Transaction, while there are no grounds for notifying the General Inspector of Financial Information or other competent authorities, the fund paid by the User (in EUR/USD) or the Virtual Currency shall be returned in an amount reduced by the Transaction Fee or, at the User's written request, the Transaction shall be executed at the current rate of the Virtual Currency. If the use of security measures by the Provider proves to be unjustified, the purchased Virtual Currencies shall be transferred in accordance with the User’s Terms and Conditions – to the wallet address provided by the User in the ARI10 Gateway.

  5. In addition, a Transaction is not executed:

    1. In the case of a Transaction, namely the User does not provide the address of the Wallet of which the User is a holder;

  6. Once the payment or Virtual Currency has been transferred, the User cannot withdraw from the Transaction as well as the Service Provider has no legal or technical possibility to withdraw or reverse the Transaction. The User is not eligible to exercise the right to withdraw from an Agreement concluded remotely if the service was executed in full with the express consent of the consumer, who has been informed prior to the provision of the service that after the performance of the service by the entrepreneur, he/she will lose the right to withdraw from the Agreement (Article 38(1) of the Act of 30 May 2014 on consumer rights).

§5. TRANSACTION SECURITY

  1. The User is obliged to:

    1. ensure the legality of any action taken at any stage of the Transaction;

    2. refrain from any activity that might affect the proper functioning of the ARI10 Gateway, including any tampering with the content of the ARI10 Gateway or its technical elements; the acknowledgment of being solely responsible for the actions carried out in the context of the Quote and the Transaction is required.

    3. immediately notify the Service Provider and, of any use of its email address or telephone number by an unauthorised person, as well as of any other breach which may affect the security of the Transaction or ARI10 Gateway.

  2. The Service Provider and the Partner are not liable for:

    1. refusal to carry out a Transaction, blocking or stopping a Transaction on the basis of the User’s Terms and Conditions, the Act or any other legal act or decision or ruling of a court or other competent subject matter authority;

    2. the use of the ARI10 Gateway in a manner inconsistent with its intended purpose, User’s Terms and Conditions or contrary to applicable law, especially the Act;

    3. blocking, seizing or securing of the User's funds or Virtual Currencies by the materially competent authorities under applicable laws - including, in particular, the Act.

  3. It is forbidden to use the ARI10 Gateway for any purpose that is incompatible with its intended use. The service offered in the ARI10 Gateway is the purchase of Virtual Currency; it is prohibited to carry out Transactions on behalf of third parties.

  4. In the case of a Transaction, the User submits the wallet data at his/her own risk and cannot make any claims against the Provider if, due to the provision of an incorrect wallet address, or a wallet address of which the User is not the holder, the Transaction is not completed. The Provider recommends that the User manually enters the address of his/her wallet and that he/she carefully checks the wallet before paying for the Transaction, highlighting that any errors made by the User which are beyond the control of the Provider shall be irreversible.

§6. PERSONAL DATA PROTECTION

  1. The Personal Data Controller is BITCAN Ltd. with registered office in Poznań, address: Swoboda 11, 60-389 Poznań, entered in the Register of Entrepreneurs kept by the Poznań – Nowe Miasto District Court in Poznań, 8th Commercial Division of the National Court Register under the following KRS [National Court Register] number: 0000808472, NIP [Polish Taxpayer ID no.]: 6292495068, REGON [Polish Business ID no.]: 384619443.

  2. The User consents to the processing of personal data in order to carry out the functionality of the ARI10 Gateway and to carry out the Transaction, on the basis of the GDPR, and in order to analyse actions taken on the Website on which the ARI10 Gateway is placed.

  3. The consent referred to in the preceding paragraph may be withdrawn; in the event of withdrawal of consent, Transactions in progress may be stopped; in the case of Transactions which have been completed in full or the completion of which has begun, the withdrawal of consent shall not affect the lawfulness of the processing of personal data.

  4. The Administrator is entitled to process the User's personal data to the extent specified in the User’s Terms and Conditions, in compliance with the data security requirements set out in the GDPR.

  5. Users’ personal data may be made available to entities entitled to receive them under applicable laws, including competent judicial authorities as well as payment intermediaries and banks within the limits of applicable laws – including primarily under the Act. Personal data may also be entrusted to entities cooperating with the Personal Data Controller. The entrustment of data takes place only to the extent necessary for the performance of the Transaction. At the written request of the User, the Personal Data Controller shall make available a list of entities to which the User’s Personal Data is entrusted or shared.

  6. Any personal data shall not be transferred to a third country.

  7. In the cases and under the conditions specified in the GDPR, the User has the right to access the content of his/her data and the right to rectification, deletion (subject to paragraph 11 below), restriction of processing, the right to data portability, the right to object, the right to withdraw consent at any time without affecting the legality of the processing carried out on the basis of consent before its withdrawal.

  8. The User shall have the right to file a complaint with the supervisory authority when it decides that the processing of its personal data breaches the provisions of the GDPR.

  9. Under the GDPR, every person has the right to control the processing of data concerning them. At the request of the data subject, the Data Controller shall inform him/her in writing of his/her rights and provide information regarding his/her personal data. This right shall be granted to the person concerned not more often than once every 6 months.

  10. Properly secured copies of documents and information obtained as a result of the application of the financial security measures set out in the Act will be kept until the expiry of the statutory obligation, i.e. for a period of five years from the date of the last Transaction with the User, unless this period is extended by the competent authority.

12. The personal data Users will not be processed automatically, including any profiling.

§7. COMPLAINTS PROCEDURE

  1. The User may make complaints regarding the operation of the ARI10 Gateway and the execution of Virtual Currency Transactions, as described in the User’s Terms and Conditions.

  2. A complaint regarding the functioning of the ARI10 Gateway and the execution of the Transaction may be submitted by e-mail to: [email protected].

  3. The claim shall include at least:

    1. e-mail address or the telephone number under which the User used the ARI10 Gateway;

    2. date of the Transaction;

    3. description of circumstances justifying the complaint;

    4. specific request related to the complaint.

  4. Claims are dealt with within 14 days of receipt of the appropriate claim together with a detailed description. The User will be informed of the way in which the claim has been handled by e-mail to the address indicated in the claim.

  5. If specification of the request or the description of the complaint is vital, the time limit for resolving the complaint shall be extended and counted from the date of receiving complete information on the complaint.

§8. FINAL PROVISIONS

  1. Please send any questions regarding the ARI10 Gateway at: [email protected].

  2. In matters not regulated by the User’s Terms and Conditions, the relevant provisions of Polish law shall apply, in particular the relevant provisions of the Civil Code and the provisions of the Consumer Rights Act of 30 May 2014.

  3. The User, who is a consumer within the meaning of Article 221 of the Civil Code, in the case of a potential dispute has the possibility of using out-of-court ways of pursuing claims, i.e., for example: the help of municipal or district consumer ombudsman, help of consumer organisations, amicable consumer courts or mediation. More information about out-of-court ways of pursuing claims can be found on the Website of the Office of Competition and Consumer Protection, at: https://uokik.gov.pl/sprawy_indywidualne.php, a list of institutions providing consumer assistance appropriate to the User’s location can be found at: https://uokik.gov.pl/kontakt.php.

  4. Any disputes arising between the User who is not a consumer within the meaning of Article 221 of the Civil Code and the Provider shall be settled by the court having jurisdiction over the city of Poznań.

  5. The Provider reserves the right to amend the User’s Terms and Conditions for technical, legal or organisational reasons. An amendment to the User’s Terms and Conditions shall be effective from the time the amended User’s Terms and Conditions are made available. The previous provisions of the User’s Terms and Conditions shall apply to Transactions before the amendments to the User’s Terms and Conditions come into force.

  6. The current version of User’s Terms and Conditions shall enter into force on November 30th, 2023.

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