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Terms

§ 1 GENERAL PROVISIONS

1. The following provisions constitute regulations (hereinafter: "Regulations"), within the meaning of art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended) (hereinafter: the "Act").

2. The Regulations define the rules for the provision of electronic services by [company name] As part of the tokeneo.cash website (hereinafter: "Website") as well as the rules of using the Website by Users.

3. ICT system tokeneo.cash includes a team of cooperating IT devices and software, ensuring the processing and storage, as well as sending and receiving data through telecommunications networks, using the end device appropriate for a given type of network.

4. The system collects personal data of users and their processing takes place in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free flow of such data and repealing Directive 95/46 / EC (hereinafter: "Regulation") and the Act of May 10, 2018 on the protection of personal data.

5. The provision of electronic services by tokeneo.cash is based on providing the opportunity to associate Users with relevant offers on specialized exchanges cooperating with the Website.

6. The Service is provided for:

a. natural persons with full legal capacity (ie persons over 18 years of age, not completely incapacitated or partially incapacitated);

b. other entities with legal capacity based on separate regulations that have accepted the Regulations and concluded a Service Agreement (hereinafter: "User").

7. tokeneo.cash in accordance with art. 6 point 2) of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended), informs that the function and purpose of the software or data not being a component of the content of the Service, entered by tokeneo.cash into the ICT system used by the User, is set out in the Privacy Policy at tokeneo.cash/privacy-policy

8. The conclusion of the contract for the provision of the Service takes place upon the User's sale and / or purchase on the Website and / or registering an account on the Website.

§ 2 TYPES AND SCOPE OF SERVICES COVERED BY THE REGULATIONS

1. To use the Website properly, a device with access to the Internet, supporting a web browser (eg Mozilla, Opera, Chrome, Brave, Safari, Internet Explorer) and a Java Script browser and Cookies must be available in the browser.

2. The moment of showing the transaction in the User's account panel is the moment when the Cryptocurrency sale contract is concluded between the Users. Each price indicated in the offer to buy or sell a Cryptocurrency is a price derived from the Website, and the decision to enter into the Website the offer to conclude a transaction is only a manifestation of the will of the Website user. The website does not guarantee and never guaranteed a profit on the change in the Cryptocurrency exchange rate difference.

3. Outgoing transfers require giving the name and surname, account number and address of the account holder as well as the transfer title, and in the case of international transfers, the SWIFT number, otherwise they will not be processed.

4. The update of incoming currency transfers takes place only on business days (ie Except for Saturdays, Sundays and public holidays) - twice a day.

5. Payments are made on working days (ie, except Saturdays, Sundays and public holidays), at least twice a day. Payments are ordered for execution within 2 business days from the date of issue of the withdrawal instruction.

6. The value of a single purchase and can not be lower than PLN 50 and higher than PLN 500,000 in the case of a Verified User or the equivalent of that amount in Kryptowalucie on the transaction date. Transactions with a lower value will not be realized.

7. The fee for the Service provided (using the Website) is automatically charged from the User's account at the time of registration of the given transaction.

8. Cryptocurrency is not a financial instrument or an electronic payment instrument within the meaning of the generally applicable provisions of law. The website does not carry out activities regulated by the Act on Trading in Financial Instruments (Act of 29 July 2005, Journal of Laws No. 183, item 1538, i.e. of October 8, 2010, Journal of Laws No. 211, item 1384).

§ 3 CONDITIONS FOR THE PROVISION OF SERVICES

1. The User may stop using the Service at any time.

2. The User is obliged to protect his passwords, e-mail accounts and data needed to log in to the Website, in particular not disclosing them to third parties.

3. The user is obliged to:

a. comply with the law, the Regulations, good customs and the generally applicable rules of using the Internet.

b. use the Service in a manner that does not violate the rights of tokeneo.cash or third parties.

4. The User is obliged to refrain from performing any unlawful activities as part of using the Service.

6. Tokeneo.cash may permanently or temporarily cease providing the Service to a User in the event of a breach or reasonable suspicion of a material breach (temporarily to be clarified) or a material breach of the law by the User, the Regulations.

7. Permanent cessation of the Service may result in the removal of all data entered by the User from the tokeneo.cash ICT system, unless:

a. legal regulations state otherwise, or

b. the deletion of all data entered by the User from the ICT system tokeneo.cash is not possible due to the nature of the Service

8. Temporary cessation of the Service results in restricting the User in using the Service.

9. In order to secure the accumulated cash as well as Bitcoin Cryptocurrency (BTC), Litecoin (LTC), Ethereum (ETH), tokeneo.cash uses the security described in the Security tab.

10. Tokeneo.cash adheres to the European and national law regarding AML / CFT, that is, anti-money laundering regulations and financing of terrorist organizations, in particular the Act on Counteracting Money Laundering and Terrorism Financing of November 16, 2000 (Journal of Laws No. 116, item 1216, consolidated text of 24 February 2014, Journal of Laws of 2014, item 455).

11. In connection with the proper application of the Act referred to in subpara. 12, tokeneo.cash keeps a register of transactions with a value of EUR 15,000.00 or the equivalent of that amount calculated according to the average exchange rate announced by the National Bank of Poland on the day of transactions effected via the Website.

12. In the case of referring by dotokeneo.cash to any state body of the Republic of Poland (European Union or any other institution established on the basis of an international agreement to which the Republic of Poland is a party) any decision resulting in the obligation to retain or transfer to the depository of the above-mentioned institution Cash or BTC User's account may be suspended and the funds accumulated on it may be sent to the aforementioned deposit account or their payment may be blocked for the time of existence of the above-mentioned ruling.

13. In order to meet the requirements of AML / CFT, the User is obliged to place the appropriate transfer title for cash deposits and foreign currency allowing the purchase of a bank account. In the absence of the required transfer title, the transferred funds will be returned at the cost and risk of the User to the bank account from which the account was credited.

14. If the cash (fiat) received from the customer on the account of the company Smart Trader Fx Sp. z o. o. are smaller than declared at the time of purchase, then the company reserves the right to convert the transaction price at the price as soon as the funds are received.

15. If the transfer of fiat funds from the client's side of the exchange office longer than 3 days, then the company Smart Trader Fx Sp. z o. o. reserves the right to withdraw from the contract.

16. If the cryptocurrency transfer from the client side to the portfolio of Smart Trader Fx Sp. z o. o. lasts longer than an hour or the price of cryptocurrency has changed at that time, the company Smart Trader Fx Sp. z o. o. reserves the right to convert the price of the crypto bank at the rate when the funds are credited to the company's portfolio.

§ 4 CONDITIONS OF CONCLUDING THE AGREEMENT

1. The Service does not require registration by the User. However, the User has the option of registering on the Website.

2. To register, it is required to provide certain data, including personal data, with the consent of the User.

3. After registration, in order to use the Service, the User is assigned an individual sign (Account).

4. The User retains access to the Service using the tokeneo.cash domain.

5. The contract for the provision of the Service is terminated:

a. at the User's request,

b. by tokeneo.cash, in the cases specified in the Regulations

6. Termination of the contract for the provision of the Service may result in the removal of all data entered by the User from the ICT system tokeneo.cash, unless the law states otherwise, or deletion of all data entered by the user from the ICT system tokeneo.cash is not possible due to the nature of the Service.

§ 5 PERSONAL DATA AND PRIVACY POLICY

1. The rules for the processing of personal data used and processed by tokeneo.cash, as well as regulations regarding the Privacy Policy placed on the Website in the "Privacy Policy" is attached to these Regulations and is its integral part.

2. The administrator processes personal data of users in order to properly perform the Agreement.

3. The Administrator may indicate a different purpose of processing, but in such a case it is necessary to obtain the User's consent for processing (in accordance with the provisions of Article 7 of the Regulation) and fulfillment of the information obligation in accordance with Article 11 of the above-mentioned Regulation).

4. The user has the right to inspect their data and request their modification or supplementation.

5. The administrator is obliged to protect the personal data of website users.

6. The transfer of data to other entities may take place only with the explicit consent of the User, or on the basis of legal provisions, or at the request of relevant administrative authorities, which the Administrator is required to perform, or for purposes necessary for the proper performance of the Agreement.

§ 6 RESPONSIBILITY

1. The User is responsible for all actions taken on the Website tokeneo.cash after logging in with the login and password, as well as in the case of not logging in to the Tokeneo.cash Website.

2. The User uses the Service at his own risk, which does not exclude or limit the liability of tokeneo.cash, related to the provision of the Service, to the extent that it can not be excluded or limited by law.

3. tokeneo.cash is liable to Users for non-performance or improper performance of the Service to the extent resulting from the Regulations, unless the non-performance or improper performance of the Service results from circumstances for which they do not bear liability under the law.

4. tokeneo.cash is not responsible for the consequences of non-performance or improper performance of obligations undertaken by other Users towards the User.

5. tokeneo.cash is not responsible for:

a. deletion of data entered by the Users to the ICT system tokeneo.cash from ICT systems that are beyond the control of tokeneo.cash,

b. consequences of providing Users with third parties a login and password,

c. for incorrect input by the user of data to deposit or withdraw funds - in the event of the need to cancel the operation, the customer will be charged at the expense of the bank commission or service operator.

6. The Regulations shall apply with regard to the rights of Users arising from consumer laws.

§ 7 INTELLECTUAL PROPERTY

1. tokeneo.cash has rights to works, as defined in the Act of February 4, 1994. on copyright and related rights (unified text: Journal of Laws of 2006 No. 90, item 631, as amended), designations and trademarks available on the Website, to the extent necessary to provide the Service.

2. Works, markings and trademarks provided within and for the purpose of providing the Service shall enjoy the protection provided for by law.

3. The User is entitled to use the works under the permitted private use provided for by law.

4. Use beyond the permitted private use requires the prior consent of the authorized entity.

§8 COMPLAINT PROCEDURE

1. Complaints regarding the provision of the Service may be made for:

a. failure to provide the Service, or

b. improper performance of the Service.

2. Complaint requires:

a. written form

b. electronic form by sending to the e-mail address: support @ tokeneo.cash

3. The complaint should contain:

a. the name (login) at which the User appears on the Website,

b. the transaction number in which the User wishes to file a complaint.

c. subject and circumstances justifying the complaint.

4. Complaints will be considered in the order of receipt, but no later than within 15 (fifteen) days. In justified cases, tokeneo.cash may extend the deadline for considering the complaint by an additional 15 (fifteen) days, about which the person lodging the complaint will be informed.

5. The person lodging the complaint will be informed about the method of considering the complaint in the form in which the complaint was submitted.

§ 9 TRANSACTION SECURITY PROCEDURES

1. In the event that tokeneo.cash commits a justified suspicion of committing a crime, in particular a suspicion that the cash or BTC / LTC / ETH being the subject of the transaction originates from the offense, tokeneo.cash may independently perform the full verification of the User making the transaction for which reasoned suspicion of committing a crime.

2. The verification referred to in paragraph 1 may relate in particular to the User's sending a personal identity card, driving license or passport, and if this proves insufficient, also another document containing User's data.

3. The User's data provided during the registration and verification process must be identical to the data of the bank account owner from whom the User replenishes the account.

4. If after verification of the User referred to in paragraph 1, doubts as to the origin of cash or BTC / LTC / ETH being the subject of the transaction will not be removed, the identity of the User will not be determined, or there will be doubt as to whether the declaration of will made by the User in terms of transaction is free of defect, tokeneo. cash will refuse to carry out the transaction.

5. In the event that tokeneo.cash commits a justified suspicion of committing a crime, in particular suspecting that the cash or BTC / LTC / ETH being the subject of the transaction originates from the crime, tokeneo.cash has the right to suspend the transaction - refuses to accept and transfer any cash or BTC / LTC / ETH, until the doubts are removed by verification of the User referred to in paragraph 1 or the final resolution of these doubts by the prosecuting and judicial authorities appointed for this.

6. If in the case referred to in paragraph 1 has been accepted by tokeneo.cash of any cash or BTC / LTC / ETH, tokeneo.cash may block the execution of the transaction by depositing cash or BTC / LTC / ETH, on the tokeneo.cash deposit account or in a court deposit until the final settlement who owns them by the law enforcement and law enforcement bodies appointed for this.

7. Upon a justified request of a bank or other financial institution, if they suspect the possibility of committing a crime, tokeneo.cash may block the execution of the transaction by depositing funds or BTC / LTC / ETH, on the tokeneo.cash deposit account or on deposit before the final decision on who owns them.

8. In the event that tokeneo.cash in an unquestioning manner determines who is the owner of cash or BTC / LTC / ETH, he will independently issue an order to return the funds to the owner.

9. In the event of suspension or blocking, tokeneo.cash will promptly inform the transaction party.

10. In the case of referral to tokeneo.cash by any state body of the Republic of Poland (European Union or any other institution established to live on an international basis, to which the Republic of Poland is a party) of any decision which results in the obligation to retain or transfer to the depository of the above-mentioned institution Cash or BTC / LTC / ETH User's account may be suspended and funds may be sent to the previously mentioned deposit account or their payment may be blocked for the duration of the above-mentioned ruling. The same consequences result from blocking the bank account on which tokeneo.cash funds are deposited on the basis of any act coming from the above-mentioned body or institution. In this case, tokeneo.cash will notify the User of the reason for blocking access to his funds within 7 days from the date of their blocking. tokeneo.cash at the express request of the relevant authorities or offices and upon presentation of appropriate required documents, has the right to share the User's data to the institutions described above.

17. In the event that tokeneo.cash commits a justified suspicion of committing an offense referred to in § 1 tokeneo.cash, it will notify law enforcement and justice authorities about the suspicion. The notification referred to in the preceding sentence satisfies the obligation resulting from art. 304 §1 k.p.k., and it is made independently of other actions taken independently by tokeneo.cash

18. If necessary, without the User's consent, tokeneo.cash will provide the authorities referred to in paragraph 1 the User's data in the scope of the User's identity, both those indicated by the User himself and acquired in the verification procedure referred to in para. 1. deficiencies in this area.

§10 FINAL PROVISIONS

1. The current version of the Regulations is made available in a way that allows storage and retrieval in the ordinary course of action.

2. To assess the rights and obligations arising from the Regulations, Polish law is appropriate.