Terms and Conditions
I. Preliminary provisions
- These provisions constitute the rules and regulations (hereinafter referred to as: Terms and Conditions) within the meaning of Article 8 of the Act of 18 July 2002 on electronic services (Polish Journal of Laws No. 144, item 1204, as amended).
- The platform https://kryptonim.com (hereinafter: Platform) is owned and operated by the is operated by Kryptonim Spółka z ograniczoną odpowiedzialnością, a limited liability company with its registered office in Warsaw (hereinafter: Company).
- For the purposes of these Terms and Conditions, the following definitions shall be established:
- User – a natural person of full legal capacity who has accepted the Terms & Conditions and entered into an agreement for the provision of services (any of them).
- Services – services provided by the Company through the Platform.
- Terms and Conditions – the present document.
- Company - Kryptonim Spółka z ograniczoną odpowiedzialnością, a limited liability company with its registered office in Warsaw (00-844) at Plac Europejski 1/40, entered in the National Business Register kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under KRS No.: 0001017630, NIP: 5273040828 (Tax Identification Numberf), REGON: 52438515800000.
- Platform - the website operated by the Company at the address https://kryptonim.com.
- Virtual Currency - any form of currency that exists digitally or virtually and uses cryptography to secure transactions. Cryptocurrencies don't have a central issuing or regulating authority, instead using a decentralized system to record transactions and issue new units.
- Terms and Conditions set out the principles for the provision of electronic services by the Platform and the principles for its use by Users, including the principles for the conclusion of agreements, authorization of transactions, fees for services provided by the Platform.
- All trademarks, including logos and other designations displayed on the Platform are the property of the Company or its business partners. The User may not distribute or copy the content of the Site without the consent of the Company or its partners.
- Before using the resources and services provided by the Platform, it is mandatory to read and accept the Terms and Conditions. If you do not agree with all the guidelines, you must immediately refrain from further actions and leave the Platform.
- The Platform operates its services within the territory and under the jurisdiction of the Republic of Poland, situated in the European Economic Area. Access to the Platform is restricted to individual customers from various jurisdictions and territories, contingent upon evaluation and at the exclusive discretion of the Company. The Company retains the right to refuse and/or revoke access for customers entering the Platform from, or residing in, jurisdictions and/or territories that are subject to governmental sanctions and/or prohibited by the laws applicable to the Services and/or the Company. As of the effective date of these Terms and Conditions, the prohibited regions include, but are not limited to, the following: Afghanistan, Belarus, Cuba, Iran, North Korea, Russia, and Syria.
- The User declares that he/she is aware that there are risks associated with investing in Virtual Currencies, which include, but are not limited to, the possibility of losing all funds so invested, which may result from uncontrolled fluctuations in virtual currency exchange rates.
- The Platform does not dispose of Users' funds and only undertakes activities aimed at providing the services described in these Terms and Conditions to the User.
- It is forbidden for Users to provide any unlawful content, including carrying out any actions that would disrupt or harm the functioning of the Platform.
- Technical requirements for using the services of the Platform:
a) connection to the Internet,
b) correctly configured browser,
c) up-to-date, active and correctly configured email account,
d) cookies and Java Script enabled,
e) software for reading PDF files.
- In the event that the User uses hardware or software which does not meet the technical requirements specified above, the Platform does not guarantee proper functioning and stipulates that this may have a negative impact on the quality and course of the ordered transaction.
II. Company’s Rights and Obligations
- The Platform offers electronic services, consisting of mediating and supporting the process of buying and selling cryptocurrency units in distributed ledger systems based on Virtual Currencies cryptography, as well as conducting cryptocurrency transactions directly with the Platform. The expansion of the range of Virtual Currencies available for purchase by the User takes place by updating the offer on the Platform and thus does not constitute and does not require an amendment to the Terms and Conditions.
- The Company does not offer the service of creating electronic wallets to store Virtual Currencies. The User must own such a wallet in order to carry out transactions using Virtual Currencies. The Platform asks Users to be cautious when storing Virtual Currencies due to the risk of theft (e.g. by a hacker) or loss due to other technical disturbances.
- The Company is not responsible for a possible loss of Virtual Currency by the User when such a situation results from factors on which the Company has no influence, e.g. equipment failures, errors in the system of exchanging Virtual Currency, negligence of third parties not connected to the Company and Platform and the Users themselves.
- The Company is not responsible for the consequences of the acquisition and holding of Virtual Currencies by Users, including taxation.
- The Company does not provide investment advice, including on Virtual Currencies.
- Through the Platform, the Company shall ensure that Users are matched with offers available on the Virtual Currency market in order for them to conclude transactions of Virtual Currencies in the form of their purchase and sale (intermediation).
- By ordering a transaction, the User declares that they are aware that there are risks associated with investing in Virtual Currencies, which include, among other things, the possibility of losing all the funds so invested, which may result from uncontrolled fluctuations in the Virtual Currency markets.
- The provision of services through the Platform is provided for a fee, the intermediation implies the need to pay a commission to the Company, the amount of which is determined depending on the type of service as a percentage and is visible during the transaction on the Platform.
- Due to the specific nature of the Virtual Currency market, the Platform does not guarantee the execution of sales or purchase transactions at the general exchange rate presented on the Platform. The value of the exchange rate on the Platform is for information purposes only. The exact exchange rate with a time limit for its application will be indicated to the User before the purchase or sale is made.
- The Company does not guarantee a profit on the change of the exchange rate difference of Virtual Currencies.
- The Company reserves the right to withhold access to certain functionalities to the User at the moment of the User's willingness to exceed the limits established (within a single transaction, the User may purchase or sell Virtual Currencies of the equivalent of 1,000.00 (one thousand) euros within 24 hours.
- In the event that circumstances arise in which the Company is forced to carry out additional verification of a payment received from the User or an order placed for a transaction, the Company reserves the right to withhold the payment of Virtual Currencies or funds to the User until the doubts are clarified.
III. User’s Rights and Obligations
- The User of the Platform may be any natural person of full age. The Platform does not allow the provision of services to entities other than natural persons.
- By using the services of the Platform, the User declares that the data provided by them are true and that they are the sole beneficiary of the transaction being performed. The Platform shall not be held liable in any way for incorrect data provided by the User.
- The Platform does not require its Users to register an account, but in order to carry out transactions using Virtual Currencies, it is necessary to provide an e-mail address and the address of the cryptocurrency wallet, as well as to read and accept the Terms and Conditions; to consent to the processing of their personal data in order to process the transaction.
- Carrying out transactions on the Platform begins with performing the actions specified in section III. point 3 of the Terms and Conditions. Then, using the appropriate form, the User submits an instruction to buy or sell Virtual Currencies of his/her choice (from the offer of the Platform), indicates details of the payment card to be used to pay the purchase price of Virtual Currencies or to receive fiat money from the sale of Virtual Currencies, the User is then presented with a summary of the transaction. As a final step, the User must provide the address of his/her cryptocurrency wallet. If the transaction is approved, it is executed by the Platform in accordance with the parameters indicated. If the time indicated in the summary has elapsed, it is automatically updated to the latest exchange rate. The cash or Virtual Currencies obtained from the transaction are then deposited by the Platform, according to the User's instructions - to the payment card or cryptocurrency wallet indicated by the User.
- The Platform, once the transaction has been carried out, will send an email to the User's address, within which it will inform of the transaction carried out and its exact parameters, in particular the amount of Virtual Currency purchased/sold by the User and the rate approved at the time of the transaction for the User.
- The Company offers the following services through the Platform:
a) providing the User with information regarding the price parameter of the offer to buy or sell Virtual Currency for his/her perusal,
b) providing the possibility to make transactions for the purchase or sale of Virtual Currencies through the Platform.
In the case of a reasonable suspicion that the transaction may violate the current anti-money laundering and counter financing of terrorism laws, the Company will suspend the transaction until the matter is clarified.
V. Buying Virtual Currencies
- In order to purchase Virtual Currencies, the User selects the option to purchase a particular Virtual Currency in the transaction form on the Platform.
- The information about the option available for the purchase of Virtual Currencies for and on behalf of the User on the Platform constitutes an invitation to treat, and the Platform acts as an intermediary in the purchase of Virtual Currency for the User or acts as the other party to the transaction (here as a seller).
- The User, by entering how much money in the currency of their choice they wish to exchange into a given Virtual Currency, makes an invitation to treat. The form automatically converts the number of units of a given Virtual Currency that the User can receive at the exchange rate indicated in the form at the time of ordering. The rate depends on the offers available on the market, is a reflection of the most advantageous market offer that the Company can offer at that moment, and is also limited in time.
- The user confirms the data entered in the order form by selecting the ‘Confirm; button.
- In the next step, the Platform’s system checks whether the User has indicated the correct format of the electronic wallet to which Virtual Currencies are to be transferred. The platform does not take responsibility for unsuccessful transactions due to providing a wallet address that does not support a given network of a chosen crypto asset.
- Once the Platform approves the transaction, the system generates a confirmation of the order, including being sent automatically to the User's e-mail.
- The use of the Platform as to services of purchase of Virtual Currencies is subject to a fee. The commission fee for the Company is indicated when placing an order for the purchase of Virtual Currencies and is collected automatically on a deduction basis.
- Due to the volatility of the value of Virtual Currencies, the User acknowledges that the value of Virtual Currency units indicated on the Platform in exchange for the value of funds provided by the User is current at the time of ordering and limited in time, but the final contractual value of Virtual Currencies results from the exchange rate valid at the time of transfer of funds by the User (time of actual payment). Therefore, the amount of sale/purchase of Virtual Currencies from the order form may differ slightly from the amount actually finalized.
- The finalization of purchase transactions of Virtual Currencies takes place within 1 working day from the submission of an order by the User.
- Virtual Currencies purchased for and on behalf of the User are transferred to the cryptocurrency wallet indicated by the User.
- In the event that the service cannot be provided, due to the fault of the Platform, the Platform shall return the funds to the User within 3 working days, previously informing the User of this fact by means of an email indicating the parameters of the failed transaction.
VI. Personal data protection
VII. Complaint procedure
- The User may, at any time, lodge a complaint regarding the operation of the Platform.
- A claim may be submitted electronically to the e-mail address: firstname.lastname@example.org or in writing to the Company's address, i.e. Plac Europejski 1/40, 00-844 Warsaw, Poland.
- The complaint claim should include:
a) the email address at which the User made a transaction on the Platform,
b) description of the circumstances justifying the complaint and the reasons for its submission,
c) presentation of the User's demand related to the complaint.
- Claims shall be considered within 14 days from the date of receipt of the application devoid of formal defects. The User shall be informed of the way in which the claim has been handled by e-mail to the address indicated in the claim or in writing, if such contact was indicated as appropriate in the claim.
- In the event of a dispute between the Platform and the User as to the validity of a refusal to consider a complaint, the User who is a Consumer has the right to use out-of-court ways of dealing with complaints and investigating claims. The User may use mediation or an amicable court by providing the institution before which the proceedings will take place with an appropriate form - an application for mediation or an application for consideration of a case before an amicable court. At http://ec.europa.eu/consumers/odr, the consumer has access to resolve consumer disputes electronically through the EU online platform (ODR platform).
- Users are advised to find out what out-of-court consumer dispute resolution is available in their country and the Company will proceed with such a procedure if necessary.
The User does not have the right to withdraw from an ordered exchange transaction. The prices of the exchanged values stated on the Platform depend on price movements on the Virtual Currency market, over which the Platform has no control, and these may occur before the end of the withdrawal period.
IX. Final provisions
- These Terms and Conditions shall govern the terms and conditions of the agreement concluded between the Company and the User on the intermediation of transactions of purchase or sale of Virtual Currencies in exchange for funds, as well as the terms and conditions of the agreement of sale of Virtual Currencies between the Company and the User.
- The Company reserves the right to change the Terms and Conditions. The Platform shall notify registered Users of any change to the Terms and Conditions by email with the right to terminate the agreement within 14 days. Amendments to the Terms and Conditions shall become effective 14 days after notification. Transactions ordered before the date of entry into force of amendments to these Terms and Conditions shall be executed on the basis of the provisions in force on the date of ordering the transaction.
- Amendments to the Terms and Conditions may be made in particular for the following reasons:
a) the need to adapt the provisions of the Terms and Conditions to the provisions of commonly applicable law,
b) issuance of a ruling by a common court of law or issuance of a decision by a state authority resulting in the necessity to amend the Terms and Conditions,
c) change of regulations within the scope of activity conducted by the Company,
d) change of the market situation in the field of activity of the Company,
e) improvement by the Company of the security, functionality or level of protection of personal data,
f) extension, improvement of the functionalities of the Platform or discontinuation of certain functionalities within the Platform.
- Any changes to the provisions of the Terms and Conditions will also be announced by the Company in the form of a relevant announcement on the Platform.
- The applicable law is Polish law. Any disputes arising between the User and the Company will be settled by the court having jurisdiction over the seat of the Site, with the reservation that, with regard to consumers, such disputes will be settled by the court having jurisdiction over consumer affairs.
- Terms and Conditions shall be governed by and construed in accordance with the laws of Poland.
- These Terms and Conditions do not limit any consumer rights to protection that you may be entitled to under mandatory provisions of law in your country of residence.