General Terms And Conditions
for Ari10 Gateway powered by BITCAN

PREAMBLE AND FOREWORD

  1. The general and basic purpose of these General Terms and Conditions is to regulate, establish and govern business relations between BITCAN and the Partner of the cryptocurrency exchange gateway powered by BITCAN (ARI10 Gateway).
  2. By accepting this General Terms and Conditions Partner certifies, confirms and represents, that Partner enters into this contractual relationship concluded between Provider and Partner on the basis of this General Terms and Conditions, on the basis of free will and unlimited right of entering into contractual relationships governed by the appropriate laws applicable to the business relationships of the Parties.

§1 DEFINITIONS

  1. Agreement - an agreement between the Provider and the Partner Program which regulates the legal relations between the Parties in terms of defining the rules of cooperation and ensuring the proper implementation of the ARI10 Gateway. These General Terms and Conditions are
  2. Ari10 Gateway - cryptocurrency payment gateway, an element of the graphical interface, placed on the Provider's Website, enabling the conclusion of a Agreement of sale of a Virtual Currency (purchase or sale), to which the Provider has exclusive rights. 
  3. Ari10.com/gateway - a service provided by the Provider, available at https://ari10.com/gateway and enabling Partner to join the Partner Program; 
  4. Partner Program - a Program under which the Partner undertakes to make the ARI10 Gateway available to Users on the terms set out in these General Terms and Conditions; 
  5. User - a natural person, aged 18 or over who carries out a Transaction using the Gateway; 
  6. 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 
  7. Partner - the Administrator of the Website who intends to publish a Gateway on it as part of the Partner Program. For the purposes of these General Terms and Conditions, the Partner and Provider may be jointly referred to as the Parties or each of them individually may be referred to as the Party.
  8. General Terms and Conditions - these General Terms and Conditions 
  9. Transaction - the execution of offers leading to Virtual Currency purchase or sell on behalf of Users; 
  10. Law - Law of 1 March 2018 on anti-money laundering and counter-terrorist financing, together with amending acts; 
  11. Virtual Currency - Virtual Currency within the meaning of Article 2(2)(26) of the Law; virtual currencies available within the Ari10 Gateway, i.e. a digital representation of value that is not: a) a legal tender issued by the National Bank of Poland, foreign central banks or other public authorities, b) (2) an international unit of account established by an international organisation and accepted by individual countries belonging to or cooperating with that organisation, c) an electronic money within the meaning of the Act of 19 August 2011 on payment services, d) a financial instrument within the meaning of the Act on Trading in Financial Instruments of 29 July 2005, e) 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; 
  12. 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; 
  13. Account - part of the virtual space of the ari10.com system intended for the exclusive use of the Partner, where his/her data and activities under the Partner Program are stored; 
  14. KYB - the process of data acquisition and verification of the Partner’s identity.
  15. Prohibited Activities  - any and all activities involved with any kind of illegal or immoral conduct of the Partner presented or in any manner connected with the usage of a website belonging to the Partner including but not limited to pornography, illegal gambling, drug trafficking or drug dealing. Provider reserves for himself unlimited right to terminate the agreement with the Partner if Partner provides Prohibited Activities by the website.
  16. Prohibited Content – any and all digital materials such as: pictures, movies, articles, graphics, files available to download or any other form of expression which promotes or provides content containing or presenting as follows: pornography, violence, hate speech, promotion of nazism, communism or any other political or social ideology violating freedoms and rights of people as well as all materials which may defame, harm, humiliate or in any manner offend any person, group of person or organisation according to the confessed religion, sexual orientation or nationality of the person.
  17. Services – any and all services provided by the Provider under the power of this agreement including cryptocurrency payment gateway and support of this feature by the Provider;
  18. Website - the website belonging to the Partner on which he/her intends to implement the ARI10 Gateway. Exact URL address of the Website is mentioned in the Agreement.

§2 GENERAL PROVISIONS

  1. By the power of General Terms & Conditions, Provider establishes general rules for implementing and providing Services of an Ari10 Gateway, enabling Partner to implement the Ari10 Gateway as an element of Partner's website. 
  2. The General Terms and Conditions define the rules of cooperation between Provider and the Partner, in particular the rights and obligations of the parties under the Partner Program. 
  3. The Services powered by the Provider are provided “as such” and Partner or User cannot modify any elements of the service without permission granted by the Provider.
  4. All property, copyright or intellectual property rights, in particular the rights to the name and the domain name, used within the Partner Program belong to the Provider and may only be used in the manner specified in the General Terms and Conditions.

§3 SUPERSEDES CLAUSE

  1. Parties collectively confirms, states and certifies, that this General Terms and Conditions supersedes any and all agreements, contracts, statements, representations or promises related to the subject of the Agreement made by any of the Parties prior to the conclusion to this Agreement regardless of the form of expression of listed above unless it’s established otherwise.
  2. Any changes, amendments or modifications to these General Terms & Conditions will be only made by the mutual Agreement meant above in subsection 1, concluded between the Parties. The Agreement shall specify the details of cooperation between Parties and shall be concluded between Provider and Partner together with this General Terms & Conditions as an integral part of contractual relationship between the Parties;

§4 REPRESENTATIONS (DECLARATIONS) OF THE PARTIES

  1. Parties mutually agrees, confirms and represents, that the cooperation under the Agreement and these General Terms and Conditions cannot be, under any circumstances, interpreted as the investment agreement, financial assets transfer or any other form of providing financial or investment products or solutions;
  1. Provider represents, declares and confirms, that:
    1. The Services are fully compliant with the law of Provider jurisdiction;
    2. Provider holds professional know – how, technologies and other technical and personal resources enabling Provider to provide, maintain and support Services offered to Partner;
    3. Provider holds professional technical support and infrastructure which are necessary to provide Services properly. 
  2. Partner represents, declares and confirms, that:
    1. The business activity of the Partner is not Prohibited Activity according to the provisions of this General Terms & Conditions and the Partner does not include any Prohibited Content within his Website.
    2. Partner is aware of all legal and tax consequences of entering into business cooperation with Provider under the power of these General Terms & Conditions;
    3. Partner possess the Website on which the cryptocurrency gateway may be added. 
    4. Partner follows all rules of internet security protecting the Website as a whole as well as any parts of the Website before any cyberattack or hacking activity.
    5. In order to use the Partner Program, the Partner meets the following minimum technical requirements, such as: 

a) 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

b) an active e-mail account

c) to be positively verified in the Provider's KYB process in accordance with the Provider's AML policy

§5 REGISTRATION

  1. One of the prerequisites for joining the Partner Program is registration, which consists of the following: a) creation of an Account, b) verification of the Partner in the KYB process c) submission of a declaration stating about being familiar and accepting the provisions of these General Terms and Conditions. 
  2. Registration is free and voluntary. 
  3. Partner is obliged to provide the following data in the registration (KYB) form: 
    1. legal name of the company 
    2. registered company address 
    3. name and surname of member of the board authorized to represent the company (confirmed by picture of identity documents) 
    4. name and surname of ultimate beneficial owners (confirmed by picture of identity documents) 
    5. email address 
    6. telephone number 
    7. place of residence 
    8. the address of the Website(s) on which Partner intends to publish Ari10 Gateway. 

Above information have to be confirmed by the following documents: 

    1. Excerpt from Commercial Register 
    2. Articles of Association / Certificate of Legal Existence 
    3. Statement from Company's Bank account 
    4. Certificate of Shareholders 
    5. Certificate of Directors 
    6. Certificate of Incoroporation 
    7. Certificate of Registred Office
  1. Partner is fully responsible for the correctness and accuracy of the data referred to in the previous paragraphs. 
  2. Partner declares that the data provided during the registration process are true and up-to-date and undertakes to update them within two calendar days should any change occurs. 
  3. Partner is obliged not to disclose the access data to its Account to any third party. 
  4. Partner represents and warrants that it holds legal title to the Website. For verification purposes, the Provider reserves the right to contact the Partner by phone or via e-mail. 
  5. Provider may verify the Website(s) where the Ari10 Gateway is to be published. 
  6. In order to successfully verify the Website on which Partner wants to publish the Ari10 Gateway, is to avoiding placing on the Website on which the Ari10 Gateway is published content that is unlawful, contrary to morality or the rules of social coexistence and content that violates the personal rights of third parties, images or content that is in any way obscene, pornographic, threatening, abusive, unlawful, hateful, harmful, harassing, racist, discriminatory or in any way violates the copyright or other intellectual property rights of third parties. 
  7. Upon completion of registration, the Partner shall receive a dedicated Ari10 Gateway and an Agreement shall be concluded between the Partner and the Service Provider for the provision of Services under the Partner Program under the terms and provisions set out in the General Terms and Conditions (“Agreement”). 

§6 RIGHTS AND OBLIGATIONS OF THE PARTIES 

  1. Partner publishes Ari10 Gateway on the Website (or Websites) indicated in the Agreement, in the manner indicated in the instructions of the Provider. 
  2. Services or Ari10 Gateway content are subject to updates – Provider can manage, modify or delete them. 
  3. Provider conducts technical breaks, during which changes are made to the Ari10 Gateway or the ari10.com/gateway Website. Provider shall not be liable for any action taken to ensure the proper functioning of the Ari10 Gateway due to technical failures or breakdowns. Partner, if possible, shall be informed by the Provider about planned modifications or technical interruptions by a separate message. 
  4. Partner is obliged to implement and apply the Provider's guidelines, communicated via e-mail or traditionally in paper form to the addresses indicated in the Agreement. The guidelines referred to in the preceding sentence, particularly with regard to rights and obligations or remuneration under the Partner Program, form an integral part of the General Terms and Conditions forming the content of the Agreement. 
  5. Provider is entitled to monitor the Website used to publish the Ari10 Gateway,, the accompanying content, as well as compliance with the Provider's guidelines, if any. In addition, Provider has the right to monitor the activities of Users who use the Ari10 Gateway for compliance with the User General Terms and Conditions. 
  6. All activities not expressly permitted in the Rules and General Terms and Conditions are prohibited, in particular: 
    1. placing on the Website on which the Ari10 Gateway is published content which is considered as Prohibited content or in any way violates the copyright or other intellectual property rights of third parties. 
    2. failing to comply with the provisions of the General Terms and Conditions or the Service Provider's guidelines; 
    3. using Ari10 Gateway as a means of payment for illegal goods, content or services; 
    4. sending unsolicited commercial information to Users, 
    5. taking any action that may directly or indirectly contribute to an unlawful or unfair increase in the Partner’s remuneration, 
    6. conducting an aggressive advertising campaign, i.e. misleading advertising, which may constitute an act of unfair competition; 
    7. modifying Ari10 Gateway without the written consent of the Provider; 
    8. spreading unfavourable or damaging information about the Provider. Partner is not entitled to make declarations of will or knowledge on behalf of the Provider. 
    9. placing the Ari10 Gateway on a Website other than the one specified by the Partner in the Agreement; 
    10. completely change the content on the Website or the purpose of the Website without prior written notification to the Provider; 
    11. selling the Account or making it available in any other form.
  7. By the power of this General Terms and Conditions Partner obliges itself to:
    1. Do not initiate, create, support or develop any technological, technical, programming or business solution, service or product, which could be considered as possibly competitive to the Services offered by the Provider.
    2. Provide true, adequate, complete and proper information upon any request of the Provider if such an obligation arises from legal regulations or the Provider's AML policy;
    3. Do not disturb, interrupt, block or in any manner modify any part of the source code provided by the Provider;
    4. Do not inject any malware source code into the source code of the digital cryptocurrency gateway.
    5. Implement, maintain and update proper, reasonable and adequate technical solutions involving programming solutions, as well as procedures and instructions of proper usage of the website, covering proper usage of passwords or any other access codes enabling administrators of the website to get access to the protected part of the website, especially administration panel, ensuring due protection of the website of Partner before any form of cyberattacks involving all possible types of hacking activities;
    6. to promptly forward Users' complaints related to Transactions if Users submit them to the Partner instead of the Provider;
    7. Partner is not authorized to remove the Provider's logo from the Ari10 Gateway or to conceal the information that the Ari10 Gateway service is provided by the Provider. In this regard, the Parties have a legal obligation to openly inform the consumer about the parties to the transaction and the entities responsible for all stages of the transaction;
    8. Partner will get access to anonymised data of transactions suitable to analyse the transaction data and assess the business utility of the Ari10 Gateway.
  8. By the power of this General Terms and Conditions Provider obliges himself to:
    1. Provide all Services in accordance with the best knowledge and with the due diligence, using proper technical devices.
    2. Support, develop and improve the software to eliminate any possible bugs and errors;
    3. Report all mistakes, bugs, errors or any and all other technical issues which may interrupt proper activity of the Ari10 Gateway;
    4. To conduct Ari10 Gateway operations in accordance with the law and is solely responsible for carrying out Transactions within the Ari10 Gateway;
    5. To possess, update, and effectively implement an AML policy in a scope appropriate for the Provider's operations, including primarily the Ari10 Gateway operations;
    6. to be responsible towards Users for Transactions and to handle Users' complaints related to Transactions.

§7 REMUNERATION 

  1. Partner will be remunerated for the correct performance of its obligations under the Partner Program on the terms specified in the Agreement.
  2. The remuneration is due to the Partner when Partner publishes the Ari10 Gateway on the Website indicated in the Agreement in a manner compliant with the General Terms and Conditions and the guidelines provided by the Provider.
  3. Parties states that the cooperation between Parties under the power of these General Terms and Conditions shall be interpreted as participation in affiliation programme enabling the Partner to earn additional money for embedding cryptocurrency payment gateway on the website belonging to the Partner. Nothing in these General Terms and Conditions constitutes any agreement of financial intermediation, especially intermediation in virtual currencies exchange transactions. Partner shall not be, under any circumstances, deemed as a financial intermediary or virtual currency exchange intermediary.

§8 LEGAL QUALIFICATION OF THE AGREEMENT & LICENSE 

  1. Parties collectively agree that the Agreement shall be defined and interpreted as affiliation agreement enabling Partner to expend utilities of the website by adding Ari10 Gateway.
  2. Parties collectively agrees that nothing in the Agreement establishes, unless otherwise resolved, any form of express or implied license to modify, copy, distribute or sell the solutions as a whole technological solution or any part of the solution;
  3. The Provider owns the rights to the Ari10 Gateway and all content posted on the ari10.com/gateway Website, in particular photographs, descriptions, signs and graphic elements, software, graphics, code, user interface, text, layout and other works found on the ari10.com/gateway Website or receives licenses for them from third parties. The Partner may not use the Ari10 Gateway and the content referred to in this paragraph in any manner other than that set out in this General Terms and Conditions or the Provider’s instructions on how to publish the Ari10 Gateway, unless the Provider has given the Partner express and prior written consent. 
  4. As part of the Partner Program, the Provider grants a limited to the Partner’s personal use, revocable, non-exclusive non-transferable license for the Partner to use the software of Ari10 Gateway for the duration of the Agreement. The grant of a license does not confer any interest, right or other title in or to the Ari10 Gateway, the Services or the content of the ari10.com/gateway Website, which shall remain the property of the Provider. The Partner is not entitled to sub-license software of Ari10 Gateway to any third party.
  5. Upon termination of the Agreement, the Partner shall remove the Ari10 Gateway and any content made available by the Provider from the Website where the Ari10 Gateway is published.
  6. Parties collectively confirms and states, that by the termination of the Agreement, the license is revoked immediately and the Partner is not entitled to receive any compensation of losses or any other damage accruing from the termination of this agreement. 

§9 PAYMENTS TO THE PARTNER

  1. Unless otherwise stipulated in the Agreement any payments of commission from the Provider to the Partner will be made on the basis of the document (invoice or bill) provided by the Partner to the Provider. 
  2. The Partner accepts, understands and certifies that all sums of money calculated on the basis of mutual agreement between the Provider and the Partner, remaining to be paid to the Partner by the Provider, shall be deemed as gross sums.
  3. If there are any governmental or municipal taxes applying directly or indirectly to the sums received by the Partner, the Partner accepts full and unlimited liability for proper recognition of tax obligation lying upon the Partner as well as for proper calculation of all taxes, especially value added tax and private income tax according to the laws of the Partner jurisdiction.
  4. If there any taxes or any other financial burdens which may arise out of cooperation between the Parties may apply directly to the Provider, the Provider will reduce the amount of commision of the Partner by deducting the taxes arising out of the cooperation and affecting the business operations of the Provider. Parties collectively agrees, that the gross amounts mentioned above shall be calculated as total cost of cooperation for the Provider, which means that all financial burdens and taxes applicable to the Provider shall reduce the amount of commision remaining to be paid to the Partner on the basis of these General Terms and Conditions.
  5. Thus, the Partner indemnifies the Provider from any express or implied liability for any taxes accruing from the business cooperation between Parties.
  6. The Partner accepts that the Partner is fully liable for any and all possible mistakes involved with the cryptocurrency wallet address provided by the Partner to the Provider. Provider shall not be, under any circumstances responsible for any possible loss or damage of assets caused by the transfer of cryptocurrencies on improper address provided by the Partner. The Partner is obliged to check carefully the digital cryptocurrency wallet address and confirm that the address belongs to the Partner and is not the address of the custodial wallet, cryptocurrency exchange wallet or the wallet of any kind of financial intermediary or proxy.

§10 DURATION AND TERMINATION OF THE AGREEMENT

  1. Parties collectively agree that the Agreement is concluded for an unlimited and indefinite period of time. 
  2. Provider reserves for himself unlimited right of termination of the Agreement immediately if Partner fails to fulfill any obligations from this General Terms and Conditions;
  3. Provider reserves for himself unlimited right of termination of the Agreement if the Provider finds that Partner provides Prohibited Content on the Website or Partner participates in any manner in any form of Prohibited Activity according to the provisions of these General Terms and Conditions.
  4. The Agreement may be terminated by each Party with 1 month termination period. Termination of the Agreement should be made in writing sent to the address indicated in the Agreement or by e-mail.

§11 COMPLAINTS

  1. The Partner may lodge complaints regarding the Services described in the General Terms and Conditions or regarding the functioning of the Ari10 Gateway. 
  2. Claims can be submitted electronically to the email indicated in the Agreement. 
  3. The claim should include at least: 
    1. name and e-mail address under which the Partner appears on the Partner Program,
    2. description of the functionality concerned or other circumstances justifying the complaint,
    3. as well as the Partner’s specific request related to the complaint. 
  4. The Partner will be informed of the way in which the claim has been handled by e-mail to the address indicated in the claim. 

§12 RIGHT TO CONTROL THE WEBSITE AND THE ACTIVITY OF THE PARTNER

  1. Provider may check, at his own discretion, if the activity of the Partner or the content presented on the Partner website are not deemed as Prohibited Content or if Partner does not provide Prohibited Activity in any form
  2. If Provider finds the content or the activity of the Partner as prohibited, Provider may terminate the Agreement immediately by denying Partner from the access to the Ari10 Gateway.
  3. If the Provider deems the Partner's content or activity as prohibited, the Provider is entitled to impose a financial penalty of 50,000 USD (fifty thousand United States dollars) on the Partner for the breach of the provisions of these General Terms and Conditions and the obligation to provide true and accurate information about the Partner's activity and the content of the Partner's website, in particular if the Provider has incurred a financial penalty imposed by an external entity due to the Partner's activity.
  4. The financial penalty mentioned above in subsection 4 may be deducted from the commission remaining to be paid to the Partner by the Provider. 

§13 LIABILITY 

  1. The Partner shall be fully responsible for his/her acts and omissions in connection with the use of the Partner Program, in particular, may be liable for damages to the Provider or Users, including for the publication of the Ari10 Gateway - to the extent to which it is inconsistent with the General Terms and Conditions 
  2. The Provider shall not be held liable for the use of the Ari10 Gateway in a manner inconsistent with its intended purpose or contrary to applicable law. 
  3. The Provider is not liable for actions or omissions of the Partner or a third party that result in the failure of the Transaction, in particular due to technical problems or faults of the Partner’s Website on which the Ari10 Gateway has been placed, or for modifications or suspension of the publication of the Ari10 Gateway. 
  4. The Provider shall not be liable for any consequences of actions resulting from the application of financial security measures or other actions taken under the Act.
  5. Provider shall not be liable for any taxes accruing from the business activity of the Partner.
  6. Provider shall not be liable for any fees, fines or other administrative, civil or criminal punishments imposed on the Partner of cryptocurrency payment gateway due to illegal activity of the Partner if the activity of the Partner was found illegal by proper authorities of any jurisdiction

§14 SEVERABILITY CLAUSE

The Parties agree that:

  1. Should any of the provisions of this Agreement become ineffective or void for any reason, it shall not invalidate the entire Agreement.
  2. The Party who becomes aware of the ineffectiveness or invalidity of any of the provisions of this Agreement is obliged to immediately notify the other Party and the Provider shall modify this General Terms and Conditions by replacing the invalid or ineffective contractual provisions with new valid and effective provisions, the content of which will be the best corresponding to the economic purpose adopted by the Parties and the nature of the concluded contract.
  3. The contractual provisions referred to in point 2 above, intended to replace invalid or ineffective provisions, will be introduced to these General Terms & Conditions.
  4. The invalid or ineffective provisions shall be replaced by the provisions of the Polish Civil Code, the content of which best corresponds to the economic purpose of this agreement intended by the Parties, until they are replaced with valid and effective contractual provisions

§15 CHANGES & AMENDMENTS OF THE GENERAL TERMS AND CONDITIONS

  1. Provider reserves for himself unlimited right to change these General Terms and Conditions at his own discretion;
  2. Any changes or amendments to these General Terms and Conditions shall be published on the dedicated website belonging to the Provider;
  3. Partners will be noticed by email about all changes and amendments made to the General Terms and Conditions
  4. Partner may refuse to accept the changes to these General Terms and Conditions proposed by the Provider. Partner is obliged to express the decision of refusal of the changes in 14 days from the time of email notification meant above in subsection 3;
  5. If the Partner refuses to accept the changes, the contractual relationship between the Parties created on the basis of the agreement and these General Terms & Conditions shall be terminated in with 1 month period of termination;
  6. If the Partner do not express his will of refusal of the changes in 14 days period meant above in subsection 4 the lack of the decision shall be interpreted as acceptance of the changes; 

§16 ATTACHMENTS & ENTIRE AGREEMENT

  1. Parties to the Agreement collectively agree and confirm, that this General Terms and Conditions and all attachments attached to these General Terms and Conditions creates and concludes one entire Agreement and should be interpreted collectively.
  2. By accepting these General Terms and Conditions, Partner accepts all attachments and all documents governing the relationship between the Parties like GDPR Policy, Privacy Policy, General Terms of Service and all other documents governing the cooperation of the Parties. 

§17 CONFIDENTIALITY

  1. All written and oral information and materials disclosed or provided by the Provider to the Partner related to the implementation of the Agreement concluded between the Parties constitute confidential information regardless of whether such information was provided before or after the date of the Agreement or how it was provided to the Partner. 
  2. As confidential information shall be acclaimed in particular any information regarding the business, technological, legal, commercial or technical information that is not known publicly.
  3. If disclosure of any confidential information is required from the Partner by law or by any court order the Partner shall inform Provider about this fact as soon as possible.
  4. In the event of unlawful disclosure of any confidential information, the Partner will be responsible for repairing the damage suffered as a result of their disclosure and compensation for lost benefits of the Provider injured as a result of such disclosure.

§18 ASSIGNMENT OF THE RIGHTS ARISING OUT OF THE GENERAL TERMS AND CONDITIONS

  1. Provider reserves for himself unlimited right of assignment of all or part of rights and obligations as well as any profits, earnings, arising out of these General Terms and Conditions and the Agreement.
  2. Assignment (transfer of rights) meant above in subsection 1 is unlimited by time and may occur under the free, unlimited will and decision made by Provider on the basis of his best knowledge, experience and the proper and wide recognition of the business circumstances and opportunities, legal regulatory framework and with regard to the plans of future business development of the Provider and subsidiary companies collectively establishing capital group with the Provider;
  3. Parties collectively agree and confirm that Partner is not entitled to assign (transfer) any rights arising out of the Agreement, unless otherwise resolved.
  4. Provider may grant a consent for the Partner and entitle the Partner to assign (transfer) rights arising out of the Agreement to third party.

§19 MODIFICATION OF CONDITIONS OF THE GENERAL TERMS AND CONDITIONS BY MUTUAL AGREEMENT CONCLUDED BETWEEN PARTIES

  1. Provider and Partner may modify amend or supplement the provisions of this General Terms and Conditions by the mutual agreement concluded between Provider and Partner;
  2. Provider and Partner may, at any time, conclude mutual agreement by the power of which the Parties modifies, supplements or amends chosen provisions of these General Terms and Conditions;
  3. Provider and Partner confirms and certifies that the provisions of General Terms and Conditions are fully binding the Parties of this agreement unless otherwise resolved in the mutual agreement meant above in subsections 1 and 2;
  4. If any provisions of these General Terms and Conditions are modified by the power of mutual agreement duly concluded by the Partner and Provider, the provisions expressed in the mutual agreement amending, modifying or supplementing the provisions of these General Terms and Conditions are superior to the provisions of these General Terms and Conditions and shall apply prior to the provisions of these General Terms and Conditions.

§20 PRINCIPLES FOR PERSONAL DATA PROCESSING 

  1. The Partner’s personal data is processed in accordance with the provisions of generally applicable law, including in particular the GDPR and the Act of 10 May 2018 on the protection of personal data. 
  2. Detailed information on data processing is provided in Annex 2. 

§21 APPLICABLE LAW

  1. Parties to this General Terms and Conditions mutually agree, that this contractual relationship concluded under the power of this General Terms and Conditions shall be governed, interpreted and construed by, under and exclusively pursuant to the material law of Poland. 
  2. Parties to the Agreement choose Polish law as applicable law which applies directly to this contract, any and all amendments to this contract and any possible legal action arising out of or in any manner related to this agreement or performance of this agreement.

§22 JURISDICTION & COMPETENT COURT OF LAW

  1. The Parties agree to submit any disputes that may arise from the performance or interpretation of this contract and any other disputes related to this contract to the jurisdiction of Polish courts.
  2. The parties agree that the court having jurisdiction to hear any disputes that may arise from this agreement is a common court having material and local jurisdiction for the seat of the Provider;

§23 LANGUAGE OF GENERAL TERMS & CONDITIONS

  1. The language of this General Terms and Conditions is English although General Terms and Conditions may be translated into other languages.
  2. These General Terms and Conditions shall be interpreted and executed in English.

§24 FINAL PROVISIONS 

  1. The Annexes constitute an integral part of this General Terms and Conditions
  2. The General Terms and Conditions shall enter into force on: May 11th, 2023
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