§ 1 (General provisions; types and scope of services rendered electronically)
- These Terms and Conditions define the rules for the use of the Website and Services offered through it.
- The owner of the Website is Abucoins limited liability company with registered seat in Poznań, at Rybaki 19/22, 61-884 Poznań, entered into the register of Entrepreneurs of the National Court Register held by the District Court for Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Division of the National Court Register under NCR number 0000689296, Tax ID 7831762644; REGON 367914649 and share capital of 50,000 PLN (paid up)
- Services rendered by the Service Provider through the Website consist in providing Users with an electronic platform for the exchange of information and conclusion of Transactions.
§ 2 (Definitions)
- Abucoins refers to Abucoins limited liability company with registered seat in Poznań at Rybaki 19/22, 61-884 Poznań, entered into the register of Entrepreneurs of the National Court Register held by the District Court for Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Division of the National Court Register under NCR number 0000689296, Tax ID 7831762644; REGON 367914649 and share capital of 50,000 PLN (paid up).
- Virtual Currency refers to a transferable subjective right of property nature that gives one the ability to use units of virtual currencies in accordance with the rules of a particular type of virtual currency that is neither a legal tender or electronic money pursuant to the Payment Services Act of 19 August 2011, nor a financial instrument subject to the Act of 29 July 2005 on Trading in Financial Instruments, but may be transferred to another person within an IT system or beyond it; the list of Virtual Currencies admitted for trading on the Website is specified in Appendix 1 to the Terms and Conditions.
- Service Provider refers to Abucoins;
- User refers to an entity using the Website.
- Services refer to services concerning or relating to bringing together Users to conclude Transactions via the Website, covering Virtual Currency and other services that enable the operation and use of the Website.
- Agreement refers to an agreement between the Service Provider and the User governing the use of Services provided by the Service Provider within the Website.
- Website refers to the Service Provider's website located at: https://abucoins.com and including its subpages;
- Transaction refers to a sales agreement (disposal or acquisition) for a Virtual Currency in exchange for another Virtual Currency concluded via the Website between Users;
- Login Data refers to the e-mail address and password set by the User.
- Account refers to a User’s account on the Website.
- User Panel refers to the Service available upon logging in to the Account that provides the User access to tools necessary for managing the Account and using other Services, in particular Services for concluding Transactions.
§3 (User and Account Registration)
- To use the Services, a User must create an Account on the Website. A simple browsing of the Website’s content may be done anonymously without registration.
- To create an Account, the User should complete the registration form available at: https://abucoins.com/register and provide all required data, including personal data and Login Data.
- The User is obliged to provide correct, current and complete data. The User is liable for the consequences of providing incorrect or false information in the form. It is forbidden to enter any illegal content into the form.
- After creating the Account, the User logs into his / her Account using the Login Data.
- The User is obliged not to disclose the Account or Login Data to others and take necessary measures to prevent other persons from obtaining the Login Data.
- A User is only permitted to have one Account.
- The User is obliged to update the required data in the Account setup procedure if they have changed. The User updates data contained in the registration form by updating the User profile.
§ 4 (Acceptance of the Terms and Conditions)
- Acceptance of the Terms and Conditions by the User is tantamount to the following declaration:
- I have read the Terms and Conditions and accept all its provisions.
- I voluntarily proceed to use the Website.
- Personal data contained in the registration form during use of the Website are true and data provided in the User's Account are in compliance with the law, and in particular do not infringe the rights of third parties.
- I consent to the processing of my personal data by the Operator, for the proper provision of services specified in the Terms and Conditions, as well as for statistical purposes related to the operation of the Website.
- I agree to receive, at the indicated User e-mail address, information related to services provided by the Service Provider, which is not commercial information, including information on changes in the Service Provider's IT system, information on technical difficulties, technical interruptions and new functionalities of the Website.
- I accept and undertake to use the Website in accordance with the Terms and Conditions and the purpose of the Website.
§5 (Conclusion of transactions via the Website)
- Concluding and executing a Transaction is possible upon fulfilment by the User of the following requirements:
- full registration and creation of a User Account;
- logging into the User Account using the Login Data;
- making a Virtual Currency payment for an executed transaction to the address of a given Virtual currency specified on the Website, in the BALANCE tab of the User Panel and registering it to this address;
- placing an order to execute a Transaction.
- The record period of a Virtual Currency depends on the required number of confirmations, and varies depending on the selected Virtual Currency. The required number of confirmations for a given Virtual Currency can be found at: https://abucoins.com/user/balance.
- Placing an order to execute a Transaction is done by selecting and defining all the required elements and forms of the transaction (in particular, prices and quantities of acquired or divested Virtual Currency) in the User's Panel at https://abucoins.com/trade.
- The execution of the Transaction occurs upon entering the Virtual Currency amount specified in the User’s instruction to the register, that is; to the block, and then to the blockchains, as well as revealing it in the User’s Panel, in the tab https://abucoins.com/user/transactions-history Upon executing a given Transaction, its status is specified in the User’s Panel with the designation: Done.
- The User may track the status of a Transaction included in the User’s instruction at: https://abucoins.com/user/transactions-history.
- The Website does not guarantee profits on changes in the exchange difference of a Virtual Currency.
§6 (Virtual Currency Payment)
- Payment of Virtual Currencies credited to an Account is made by placing an order to pay the Virtual Currency in the User Panel at https://abucoins.com/user/balance to the address indicated by the user.
- The period for recording the Virtual Currency to the address indicated by the User depends on the required number of confirmations, and differs depending on the selected Virtual Currency. The required number of confirmations for a given Virtual Currency can be found at https://abucoins.com/user/balance.
§7 (Other obligations of the User)
- It is prohibited to use the Website in a manner that enables or aims to provide unauthorised access to the Service Provider’s IT system, introduces malicious software or prevents the proper operation of the Website.
- The User is obliged to use the Website, including contents provided therein exclusively for personal use, in accordance with the intended purpose of the Website, applicable law, provisions of the Terms and Conditions, as well as good morals and generally accepted rules of using the Internet, while respecting the rights of third parties.
- The User is obliged to use the Website in good faith. Upon detecting errors in the Website software, the User is obliged to immediately notify the Service Provider of the discovered errors and refrain from using the error discovered to the disadvantage of the Service Provider or other Users.
- The User undertakes to provide any information and material that may be required by the Service Provider in connection with the Transaction. The Service provider is entitled to refuse or suspend the execution of a transaction or block the User’s Account if the User fails to provide information and materials required by the Service Provider in good time.
§ 8 (Payment for Services)
- Services are rendered for a fee.
- The fee for services provided is automatically collected from the Virtual Currency recorded in the Account, for the execution of a given Transaction.
- Detailed rules of collection and fees are specified in the Table of Fees and Commissions constituting an annexe to the Terms and Conditions, available at: https://abucoins.com/fees.
- A change to the Table of Fees and Commissions does not constitute a change in the Terms and Conditions.
§9 (Specific procedures for safety of Transaction)
- In the event of a justified suspicion by the Service Provider of perpetration of a crime prior to acceptance of a Transaction for execution, in particular if there are doubts that the Transaction may be related to a crime, or circumstances indicate that it may be related to money laundering or terrorist funding, the Service Provider has the right to: (i) carry out additional verification of the User performing the Transaction; or (ii) refuse to execute the Transaction;
- Additional verification of the User by the Service Provider may consist in particular of asking the User to send a scan of his / her identity card, driving licence or passport, and if this proves insufficient, another document containing the User’s data to supplement or verify the data provided regarding the User’s identity.
- The User’s data provided during the Account setup and verification process must be identical to the bank account holder’s data from which the User credits the account.
- If, after User verification doubts as to the criminal nature of the Transaction is not resolved, in particular, the User’s identity is not established, or there are still doubts as to whether the statement of will made by the User in relation to the Transaction is defective, the Service Provider will refuse to execute the Transaction.
- Positive verification of the User and removal of doubts as to the criminal nature of the Transaction shall constitute the basis for the execution of the Transaction by the User subjected to the verification process.
- Subsequent execution of the Transaction after completion of the verification procedure shall occur with acceptance of the rate between the respective Virtual Currencies applicable at the time of submitting the Transaction order, and neither party to the Transaction shall be entitled to any claims against the Service Provider, in particular for lost benefits.
- In the event of a justified suspicion by the Service Provider of perpetration of a crime prior to acceptance of a Transaction for execution, in particular if there are doubts that the Transaction may be related to a crime, or circumstances indicate that it may be related to money laundering or terrorist funding, the Service Provider has the right to: (i) carry out additional verification of the User performing the Transaction or (ii) suspend the execution of the Transaction - understood as a temporary limitation on the disposal and use of part of the assets recorded in the Account, consisting in preventing the execution of the Transaction by the User; or (iii) block the User’s Account - understood as a temporary inability to dispose or use all assets recorded and accrued by the User in the Account; until doubts are resolved via User verification or a final decision is taken regarding these doubts by the relevant law enforcement and judicial authorities.
- Suspending the execution of the Transaction or blocking of the Account occurs at the request or as a result of any decision by any authority of the Republic of Poland (The European Union or any institution established under an international agreement to which the Republic of Poland is a party), and which has such an obligation. Suspending the execution of the Transaction or blocking of the User’s Account may also occur at the justified request of the bank or other financial institution.
- In the event of execution of a Transaction prior to suspension of the Transaction or blocking of the User Account, the transaction shall occur by adopting the exchange rate between the relevant Virtual Currencies that was in effect at the time of placing the order to execute Transaction, and parties to the Transaction shall not be entitled to any claims in relation to the Service Provider, in particular for lost benefits.
- The Service Provider shall immediately inform the parties to the Transaction of the refusal to execute the Transaction, suspension of the execution of the Transaction or blocking of the Account.
§ 10 (Responsibilities of the Service Provider)
The Service Provider creates the technical conditions for the operation and use of the Website by the Users. However, the Service Provider is not liable for any delays, errors or interruptions in the provision of the Services, resulting directly or indirectly from events caused by force majeure, such as floods, fire, hurricanes, earthquakes or events similar to force majeure, which the Service Provider could not counteract or prevent such as war or a state of emergency. The Service Provider is not liable for circumstances that could not be prevented despite due diligence - delays, errors or interruptions in the provision of Services resulting from interferences in the Internet connection, equipment failure for which the Service Provider is not liable, disruptions in telecommunication links, software errors, or errors that are the result of unauthorized interference by Users or third parties or arise from other disruptions in the operation of the equipment or power outages.
§11 (Other cases of the Service Provider liability disclaimer)
- The Service Provider is not a party to the Transaction concluded between Users through the Website. Parties to such a Transaction are exclusively the Users completing the Transaction. The Service Provider is not liable for the consequences of non-performance or improper performance of obligations made to a User by other Users, in particular through non-performance or non-compliance with the actual description of the offer or inconsistency of the Transaction offer with the reality, legal defects of the Digital Currency, late payments, incorrect costs calculation, breach by Users of the contractual conditions and breach by Users of third party rights or inability of Users to enter into or execute an agreement concluded using the Website.
- The Service Provider is not liable for the failure of the User to make profits or for loss incurred by the User related to or resulting from the purchase and sale of Virtual Currencies via the Website. Any information regarding the sale price or purchase of Virtual Currency come exclusively from the Website Users.
- The Service Provider is not liable, in particular for: (i) deletion of data entered by Users to the Website from IT systems beyond the control of the Service Provider; (ii) consequences of sharing the Login Data by Users to third parties; (iii) incorrect entry by the User of data for payment or withdrawal of funds - in the event of a need to cancel the operation, the User shall be charged the cost of the bank or service provider fee; and (iv) non-payment or improper performance of payment or withdrawal of Virtual Currency, including their appropriate entry; unless such a breach is the Service Provider’s fault.
- The User acknowledges and accepts the potential risks associated with the activities of other Users, using false data or false identity. Since verification of Users via the Internet is limited, the Service Provider cannot and does not confirm all data provided to it by each User.
- The Service Provider does not control and is not liable for the quality, safety, legality and availability of products and services offered by Users through the Website or the capability of Users to enter into or execute agreements concluded using the Website.
- Regardless of the above conditions and subject to the general provisions of applicable law, the entire liability of the Service Provider, its employees and persons acting for and on its behalf, relative to the User for any claims regarding the use of the Website shall be limited to an amount equivalent to the sum of the fees paid by the User to the Service Provider or its affiliated entities during the 6 months preceding the activities underpinning the liability.
- The Service Provider has the right to suspend the operation of the Website in the event of a necessity for software update or circumstances preventing the proper functioning of the Website. In such a situation, information on the suspension of the Website’s operation and planned date of resumption shall be posted in advance on the Website. The Service Provider shall take all measures to ensure that the break in operation of the Website is as short as possible.
§12 (Technical requirements)
- Use of the Website does not require additional software installation.
- To Use the Website, it is necessary to have:
- a working device with access to the Internet,
- a browser that supports [HTML5 and CSS3 (Internet Explorer 10 (or later version), Mozilla Firefox 21.0 (or later version) or Google Chrome 34 (or later version)],
- When using the Website, it is recommended to have an updated antivirus program and "firewall” software.
§13 (Agreement, withdrawal and termination of the Agreement; deletion of the Account)
- The agreement for the provision of services electronically shall be concluded by the User with the Service Provider upon full registration of the User and creation of the Account. Under the Agreement, the User obtains access to the User Account, through which he/she may use the Services.
- The agreement for the provision of services electronically is concluded for an indefinite period, but does not provide for a minimal contract period.
- A user who is a consumer has the right to withdraw from the agreement without giving any reason within 14 days of its conclusion, by submitting a written statement of withdrawal to the registered address of the Operator or in electronic form via e-mail to [email protected] To comply with the deadline, it suffices to send a statement before the expiry of the time limit referred to in the preceding sentence. In the event of use of the Services prior to the expiry of the deadline specified above, the User loses the right to withdraw from the Agreement. The model withdrawal form constitutes Appendix 1 to the Terms and Conditions.
- The Service Provider may terminate the Agreement with the User by sending to the User’s email address provided in the registration form, a statement of termination of the Agreement with a 14-day notice period, whereas the Agreement is terminated no sooner than after executing all instructions to conclude a Transaction submitted by the User prior to delivery of the statement of termination of the Agreement.
- During the duration of the Agreement, the User has the right to terminate the Agreement by sending a statement of termination of the Agreement with a 14-day notice period to the email address [email protected]
- During the notice period, the User has no right to place orders to execute a Transaction.
- Upon termination of the Agreement by either party, the Service Provider deletes the Account and is obliged to pay the User the free Virtual Currencies (not involved in any Transaction) recorded on the Account no later than 14 days from the date of termination of the Agreement.
§ 14 (Copyright)
9.1 The Website and its entire elements are protected by law, in particular the Act of 4 February 1994 on Copyrights and Related Rights (consolidated text Journal of Laws of 2006, No. 90, items 631, as amended), the Act of 16 April 1993 on Combating Unfair Competition (consolidated text Journal of Laws of 2003, No. 153, item 1503, as amended) and the Act on the Protection of Databases of 27 July 2001 Journal of Laws of 2001, No. 128, item 1402, as amended).
9.2 The User is not entitled, without the consent of the Service Provider to copy, modify or download any information, texts, images, video files, directories, databases or auctions made available on the Website for any purpose, particularly for resale, publication or distribution.
§16 (Complaint procedure)
- The User is entitled to lodge a complaint about the incorrect operation of the Website. The User may submit a complaint in one of the following ways:
- The complaint should include: name, surname and mailing address or email address of the User, detailed description of the objections raised, along with their justification and indication of expectations as to how the complaint should be handled. In the case of submitting a complaint in writing, the complaint should also contain the signature of the User, and in the case of filing a complaint to the protocol, the User should sign the protocol.
- Complaints are examined immediately, however, no later than 30 days after receipt of the Complaint by the Service Provider. However, in complicated cases that prevent the complaint from being processed and communicated within 30 days, the Service Provider shall inform the User of: (i) the reason for such delay, (ii) the circumstances to be determined for the complaint; (iii) the expected date of processing and responding to the complaint, which may not exceed 60 days from the time of receipt of the complaint. To meet the deadline, it suffices for the Service Provider to send a reply to the complaint before its expiry.
- The Service Provider shall inform the User of the result of the complaint procedure in paper form or via any other durable communication medium. At the request of the User, the response to a complaint may be delivered via e-mail
§17 (Final provisions)
- These Terms and Conditions are subject to change. Each change of the Terms and Conditions shall come into force seven days after the amended Terms and Conditions have been posted on the Website, except for Transaction that began before the entry into force of the amendments, for which the provisions of the current Terms and Conditions shall apply. The user upon login to the Website (from the date of entry into force of the changes to the Terms and Conditions) shall be informed of such changes and the possibility of their acceptance. Lack of acceptance of the new wording of the Term and Conditions is tantamount to termination of the Agreement for the provision of services via the Website with immediate effect.
- The provision of Services is subject to the Polish law.
- The settlement of possible disputes between the Service Provider and a User who is a consumer pursuant to article 22.1 of the Civil Code shall be submitted to a court of general jurisdiction, in accordance with the provisions of the Code of Civil Procedure.
- The settlement of possible disputes between the Service Provider and a User who is not a consumer pursuant to article 22.1 of the Civil Code shall be submitted to a court with jurisdiction over the registered seat of the Service Provider.