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Terms of Use


§ 1 

Definitions 

1. Coincher or the Company - Coincher Europe limited liability company               

with headquarters in Warsaw (00-105), ul. Twarda 18, entered into the register of entrepreneurs by the District Court for Warszawa-Śródmieście in Warsaw, 12th Commercial Division of the National Court Register under the number: 0000785353, with the tax identification number: 525789136, with share capital in the amount of PLN 100,000 (fully paid up), entered by the Polish Financial Supervision Authority to the MIP register under the number MIP38 / 2019 

2. Business day - a day from Monday to Friday, with the exception of public holidays, from 8:00 am to 6:00 pm Polish time.               

3. Consumer - a person who is a consumer under the provisions of the Directive [Directive 2011/83 / EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13 / EEC and the Directive               

1999/44 / EC of the European Parliament and of the Council and repealing Council Directive 85/577 / EEC and Directive 97/7 / EC of the European Parliament and of the Council]

4. Account - a function of the Website, thanks to which the User, identified by a specific unique name, may use all functions available on the Website, including making Transactions in accordance with the provisions of the Regulations. To use the full functionality of the Account, it is necessary to successfully pass the KYC Procedure referred to in §6.               

5. KYC procedure - the procedure of identifying the User by Coincher in order to counteract money laundering and financing of terrorism.               

6. Regulations - these regulations.               

7. Website - a website run by Coincher, available at www.coincher.com, the main function of which is the sale and purchase of Virtual Currency via the Website.               

8. Transaction - a series of activities performed by the User or Coincher to sell or buy Virtual Currencies in accordance with the exchange rate agreed between the User and the Company.              

9. Agreement with the User - an agreement concluded between the User and Coincher               

based on the Regulations, under which Coincher undertakes to provide Services for the User, concluded for the duration of these services. 

10. Services for the User - services provided by Coincher to the User, including in particular the Account management and the sale and purchase of Virtual Currency.               

11. User - a natural or legal person or an organizational unit using               

from the Website. 

12. Virtual currency - the virtual currency or virtual currencies specified in these regulations, which can be sold or redeemed from the Company using the Website. Virtual currencies accepted by Coincher are listed here. Any change in the Virtual Currency allowed by the Company in settlements, Coincher will inform the User at least in electronic form to the e-mail address assigned to the User's account. Changes in the scope accepted by the Website as part of the Virtual Currency settlements do not constitute a change to the Regulations within the meaning of §12.              

13. Conventional currency - Fiat currency, fiat currency - currency accepted by Coincher for settlements issued by the relevant national bank or other entity authorized to issue money, a list of which is available here. Changes in the scope accepted by the Website as part of the conventional currency settlement do not constitute a change to the Regulations within the meaning of §12.              


 

§ 2 

Contact details and communication 

1. Postal address: ul. Twarda 18, 00-105 Warsaw               

2. E-mail address: [email protected]              

3. Coincher communicates with Users in Polish or English               

depending on the User's choice.   

4. The basic form of communication between Coincher and the Users is electronic communication via the contact form available on the Website.               


 

§ 3 

General provisions 

1. The Regulations are also the regulations of the service provided electronically by Coincher.               

2. On the basis of the Regulations, Coincher provides the Users, as part of the Website provided to the User, with the Account management service and the Services for the User.               

3. Any information contained on the Website cannot be interpreted as an offer within the meaning of the Civil Code, but only an invitation to submit offers by the User.              


 

§ 4 

Use of the Website 

1. To use the Website and services, you need a device with a web browser that supports JavaScript and cookies, with access to the Internet, an active e-mail account and - if the User intends to buy or sell Virtual Currency - a wallet for trading in Virtual Currency ,               

with which the settlement is to be carried out. 

2. The User bears the fees related to the access to the Internet in accordance with the tariffs of his telecommunications operator.               

3. The User is obliged to use the Website and services in accordance with the law and the principles of social coexistence. In particular, it means that the User is prohibited from providing illegal content.               

               

§ 5 

Registration on the Website 

1. In order to use the Website's functions, the User must register on the Website, ie set up an appropriate Account.               

2. Registration is made by providing information about the User in the appropriate place on the Website in accordance with the guidelines available on the Website.               

3. By posting data on the Website, the User declares that they are true and consistent with the facts.               

4. Coincher will send to the e-mail address provided by the User during registration a notification of receipt of the registration application along with the activation link.               

5. If the Account is not activated within 7 days of sending the notification, the registration application will be canceled.               

6. Upon confirmation of the will to register on the Website by the User, an agreement for the provision of services on the Website is concluded between him and the Company, for an indefinite period, on the terms set out in the Regulations.               

7. Maintaining an Account for the benefit of the Consumer is free of charge.               

 

§ 6 

KYC procedure 

1. Only identified Users, ie those who have successfully passed the Know Your Customer (KYC) Procedure, will be authorized to make transactions on the Website. The purpose of the KYC Procedure is, in particular, to counteract money laundering and terrorist financing. This procedure is independent of the rules of the procedure that must be followed by other legally designated entities to identify their clients and obtain certain, relevant and pertinent information required to do business with the interested party.               

2. The KYC procedure consists in identifying and verifying the User's identity by sending a scan of an identity card, a photo of the face with a visible proof of identity and confirming the address of residence in the form of a utility bill or bank statement and verifying them with the provided data assigned to the User's Account.              

3. The User will have full access to all the Website functions intended for him as soon as Coincher confirms the User's data in the manner specified in par. 2.              

4. If this is required due to the specific rules of law in the fight against money laundering and terrorist financing Coincher can make your use of the Service by you transfer other than those specified in this paragraph data, as well as make certain statements (eg. In real beneficiary).               


 

§ 7

Services for the User


 

1. As part of the Services for the User provided as part of the Coincher Website:              

a. keeps a User Account,                

b. purchases Virtual Currencies for Conventional Currencies from the User in accordance with the orders placed by the User,              

c. sells virtual currencies to the User,              

d. provides a virtual currency portfolio management service,              

e. provides an information service consisting in informing the User               

about the operations performed by him.

2. As part of the Services for the User, the User may make Transactions, ie purchase Virtual Currencies on the Website from Coincher, as well as sell Coincher virtual currencies.               

3. In order to purchase Virtual Currencies, the User should register on the Website in accordance with the provisions of §5, and also successfully complete the KYC Procedure described in §6.                             


 

§8 

Payments and billing 

1. Any payments made by Users in connection with the purchase or sale of Virtual Currency on the Website are made exclusively               

with the use of Virtual Currency or Conventional Currency. 

2. In order to make the Transaction, the User, using the appropriate functionality of the Website, submits an offer to Coincher to conclude a contract, specifying the amount and type of Virtual Currency sold or purchased in the appropriate place on the Website, and accepts the current exchange rate presented by Coincher.              

3. The offer submitted by the User is valid for 30 minutes              

4. The moment of concluding the Virtual Currency sale agreement is the moment of accepting the User's offer by Coincher. The Company informs the User about this fact using the appropriate functionality of the Website or               

using the e-mail address assigned to the User Account.

5. The total value of a single transaction may not exceed PLN 30,000 (say: thirty thousand zlotys) for Users verified in accordance with §6.              

6. The total value of a single transaction or the sum of all transactions consecutive within 30 calendar days may not exceed the amount of PLN 4,000 (say: four thousand zlotys) for unverified Users in accordance with §6.              

7. The payment methods available on the Website are available here              

8. If the User intends to purchase Virtual Currency, he must submit an appropriate instruction using the appropriate function on the Website for this purpose.               

and transfer (using the payment options available on the Website specified in paragraph 6 above) the correct amount of Conventional Currency to the Coincher payment account as payment. Coincher will transfer the amount determined in accordance with 

with the exchange rate accepted by the parties to the Virtual Currency wallet indicated by the User, appropriate for the Virtual Currency with which the transaction was made. 

9. If the User intends to sell the Virtual Currency, he must submit an appropriate instruction using the appropriate function on the Website for this purpose.               

and transfer the correct amount of Virtual Currency to the wallet of the appropriate Coincher Virtual Currency indicated on the Website. The company will transfer the amount determined in accordance with the exchange rate accepted by the parties.

10. Coincher provides the User with the bills for the transactions made within the User Account.              

11. If the Transaction was ordered by the User outside a Business Day, it is settled on the next Business Day.              

12. In the case of an order to buy or sell a Virtual Currency in the manner specified in sec. 11, the moment of placing the order is the beginning of the next Business Day.              

13. Each order to purchase or sell Virtual Currency on the Website by the User for the purposes of settlements between the parties is considered and settled separately, as one independent, indivisible package.                


 

§9 

Complaints 

1. Complaints regarding the functioning of the Website and the concluded contract referred to in §3 may be submitted by the User electronically to the email address: [email protected]              

2. Coincher considers complaints immediately, but not later than within 30 days of its receipt.               

3. A User who is a Consumer has the right to use               

out-of-court methods of redress, including in particular:  

a. Permanent Consumer Arbitration Courts at Provincial               

Inspectorates of the Trade Inspection (for Users from Poland); 

b. Municipal (poviat) Consumer Ombudsman (for Users from               

Polish); 

c. Other out-of-court redress bodies competent for a given Member State of the European Union ;                              

d. ODR Platform, available at: http://ec.europa.eu/odr; - additional information on amicable dispute resolution is available, inter alia,               

on the website: http://polubowne.uokik.gov.pl. 


 

§ 10

Reservations 

1. Coincher points out that cryptocurrencies are not a means of payment, and that each cryptocurrency trading carries a particular risk of losing money value. Before making transactions related to cryptocurrencies, the User should make his own transaction risk assessment,               

in particular, read the positions of market supervisory and regulatory authorities such as the European Banking Authority (EBA) or competent national authorities (e.g. the Polish Financial Supervision Authority or the Office of Competition and Consumer Protection).

2. When making an order to buy or sell virtual currency through the Service, you should take into account all the risks associated with it,               

in particular, the risk of a sudden change in the exchange rate (valuation) of the virtual currency or conventional currency and the risk related to the lack of supervision over virtual currencies by public administration bodies, as well as specific risks related to the functioning of virtual currency exchanges independent of Coincher, including the risk of losing the solvency of such exchanges .  

3. Coincher's activities in relation to the services offered do not constitute a payment service (within the meaning of the PSD2 Directive, i.e. (Payment Services Directive 2) of Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in within the internal market, investment advisory services or investment activities (within the meaning of the MIFID II Directive, i.e. Directive 2014/65 / EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92 / EC and the 2011/61 / EU; or any other regulated activity within the meaning of specific Polish or European Union regulations.               

4. With regard to Users who are not Consumers, any liability of Coincher is excluded, and if such limitation is not possible in accordance with the applicable law - this liability is limited to the maximum extent permitted by law.               

5. In the case of Users who are Consumers, the parties are liable to each other on general principles, however, unless it violates the mandatory provisions of the law applicable to a given Consumer (including prohibited contractual provisions), the parties' liability towards each other is limited to the amount of remuneration. downloaded by Coincher from this User for the provision of services to him.               

6. Coincher as part of its activities, including as part of the Website, does not provide consulting services - in particular services related to investment consulting.               

7. Coincher is not responsible for the actions of Users and third parties over which the Company has no influence - in particular for attempts of fraud or extortion, as well as for misrepresentation by Users or third parties beyond the control of Coincher.               


 

§ 11 

Personal data 

1. The administrator of personal data provided by the User as part of using the Website is Coincher.              

2. The purpose of processing the User's data is primarily the performance of the contract               

for the provision of services on the Website. The basis for the processing of personal data in this case is the contract for the provision of services or actions taken 

at the request of the User, aimed at its conclusion (Article 6 (1) (b) of the General Regulation of the European Parliament and of the Council (EU) on data protection - "GDPR"), the legal obligation on the User related to accounting 

and counteracting money laundering and terrorist financing (Article 6 (1) (c) and the Company's legitimate interest in the processing of data for the purpose of establishing, investigating or defending any claims (Article 6 (1) (f) of the GDPR).

3. Providing data by the User is voluntary, but at the same time necessary to conclude the contract. Failure to provide the data in this case means that the contract cannot be concluded.              

4. The User's data will be processed until:               

a) Coincher will cease to have a legal obligation to process User's data;              

b) the possibility of pursuing claims by the User or Coincher related to the contract or the Website will cease;              

c) the User's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of Coincher,              

- depending on what is applicable in a given case and what will happen at the latest.

5. The User has the right to demand:               

a) access to your personal data,              

b) rectify them,              

c) removal,              

d) processing restrictions,               

e) requests to transfer data to another administrator              

as well as the law: 

f) object at any time to the processing of data for reasons related to the specific situation of the User - to the processing of personal data concerning him, based on art. 6 sec. 1 lit. f GDPR (i.e. on the legitimate interests pursued by Coincher).              

6. The User's data will be transferred to the following external entities:               

a) hosting providers - to store data on a secure server;               

b) an entity providing a mailing system and database - in order to efficiently send messages to Users;              

c) in relation to the User's data in connection with the sale made by him - the accounting office and the entity providing accounting software.              

In connection with the above, the User's data will be processed outside the European Union. The appropriate level of protection of the User's data, including through the use of appropriate safeguards, ensures the participation of these entities in the EU-US Privacy Shield, established by the implementing decision of the European Commission as a set of rules guaranteeing adequate protection of privacy.

7. In order to exercise his rights, the User should contact Coincher.              

8. If the User finds that his data is being processed inconsistently               

with the law, the User may submit a complaint to the President of the Office for Personal Data Protection.

9. Detailed information on the processing of personal data by Coincher (including other purposes and grounds for processing and recipients of data) is included in the privacy policy posted on the Website.              


 

§ 12 

Term of the Agreement and its amendment 

1. The agreement between the User and Coincher is concluded on the basis of the Regulations via the Website. Contracts are also terminated through the Website.               

2. The User may terminate the Agreement without giving any reason, at any time, with immediate effect, by selecting the appropriate option               

on the Website or by sending an e-mail with a statement 

on termination of the contract to the e-mail address provided in §2. 

3. In the case of Users who are not Consumers the applicable law               

in matters related to the Regulations (including the services provided), Polish law is applicable. In the case of Users who are Consumers, Polish law applies, and the choice of Polish law is made without prejudice to the protection provided to consumers by the mandatory provisions of the law of the state of their habitual residence, as well as the provisions of European law or other relevant Consumer - in accordance with the provisions of the Regulation of the Parliament 593/2008 of the European and Council of Europe and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I Regulation), this means in particular that if the national regulations applicable to a given consumer provide for protection that is wider than that resulting from this Regulations or Polish law - this broader protection applies.  

4.If any of the provisions of the Regulations would lead to the limitation of the Consumer's rights under the mandatory provisions of law (including those applicable under the provisions of the Rome I Regulation), the application of which in relation to the Consumer cannot be limited or excluded - in relation to the User who is The provisions of the Regulations do not apply to the consumer.                

5. Coincher is entitled to amend the Regulations (including contracts concluded on its basis) only for important reasons indicated in sec. 6, provided that the User is informed about the planned changes in advance, via e-mail, at least 7 days before the proposed change.               

6. Important reasons for the termination or amendment of the Regulations or contracts are:               

a. The adjustment of services or the Service to law affecting them;               

b. a change or the appearance of new public-law fees affecting the provision of services;               

c. improving the functionality of services or activities aimed at increasing the competitiveness of services;               

d. improving the safety of the services provided;               

e. recommendations, recommendations or other conclusions and recommendations from public administration authorities, in particular financial market supervisory authorities such as the EBA or competent national authorities (e.g. the Commission               

Financial Supervision); 

f. changes in the costs of services provided by external suppliers, costs of infrastructure maintenance and operation within the scope used in the provision of services.               

7. The User's lack of objection to the proposed changes is tantamount               

with consent to them.   

8. The user has the right to terminate the contract before the proposed effective date of the changes, free of charge.               

9. If the User objects to the proposed changes, but does not terminate, the contract shall expire on the day preceding the entry into force of the proposed changes.                              

10. Any disputes between Coincher and a User who is not a Consumer will be settled by the court competent for the seat of the Company. In the event of a dispute with a consumer, the general rules of jurisdiction apply.              



 

§ 13

Withdrawal from the Agreement

(applies only to Users who are Consumers)


 

1. The User who is a Consumer has the right to withdraw from the contract concluded with Coincher. He may withdraw from the contract concluded with Coincher within 14 days of its conclusion without giving a reason and incurring costs, subject to paragraph 3.              

2. Withdrawal from the contract may be made, in particular, by submitting a declaration of withdrawal to Coincher, an exemplary model of which is attached as Annex 1 to the Regulations. The declaration of withdrawal may be submitted to Coincher electronically or in writing, to the addresses indicated in these Regulations.                             

3.The user may not withdraw from the contract, the price or remuneration of which depends on fluctuations in the financial market over which Coincher has no control, and which may occur before the deadline to withdraw from the contract.              

 

Annex 1 - a model withdrawal form by the Consumer



 

TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT



 

Addressee:

Coincher sp. Z o. O

ul. Hard 18

00-105 Warsaw

[email protected]

Consumer's name and surname: _________________________

Consumer address: _________________________

I / We (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*)

contracts for the supply of the following items (*) contract for specific work consisting in the performance of the following items (*) / for performance

the following service (*)

-Date of conclusion of the contract (*) / receipt (*)

-Name and surname of the consumer (s)

- Consumer (s) address

-Consumer (s) signature (only if the form is sent in a paper version)

-Date

(*) Delete as appropriate.

_________________________

Consumer's signature and date