Regulations for the provision of virtual currency exchange services for cash in a stationary exchange office by Bitmona Sp. z o. o.

These Regulations are intended for Users who concluded an agreement with Bitmona sp. z o. o. for the exchange of virtual currency units via the OTC Exchange service using the Kanga Wallet application at the stationary exchange office located at Grzybowska 2/8 00-131 Warsaw.

This exchange takes place only as part of the provision of services by direct means (with the simultaneous presence of both parties in the exchange office), after a previously arranged meeting in the above-mentioned stationary exchange office.

Electronic devices are required for replacement, including digital compression, and storage of data that is fully transmitted via the telecommunications network within the meaning of the Act of July 16, 2004 on telecommunications law.

For the actual execution of transactions covered by these regulations, you also need an activated account in OTC Exchange and access to it from the Kanga Wallet mobile app or browser.

1. Definitions

The terms used in the Regulations have the following meanings:

Service Provider – Bitmona Limited Liability Company with its registered office in Warsaw – ul. Grzybowska 2/8 00-131 Warsaw, KRS: 0000975375, NIP: 5252910773, REGON: 522224267, share capital PLN 10,000.00 paid up in full.
Exchange – Kanga Kantor’s partner stationary exchange office, located at: Grzybowska 2/8 00-131 Warsaw, run by the Service Provider, where it is possible to use the service of exchanging virtual currency units for cash via the OTC Exchange system using the Kanga Wallet mobile application.
Recipient – a natural person who uses the Exchange Office and has full legal capacity. Alternatively, an attorney authorized to act on behalf of a legal person or an organizational unit without legal personality that uses the Exchange Office and the Services offered therein.
Services – services provided by the Service Provider to the Client in person at the Exchange Office. They apply to the exchange of virtual currency, with particular emphasis on the sale or purchase of virtual currencies in a stationary exchange office.
The service of selling or buying virtual currencies in a stationary exchange office – made available via the Kanga Wallet mobile application, a service carried out within the OTC Exchange system, referred to in §4 of the Regulations. It consists in the exchange of Virtual Currency into cash (fiat money) according to the exchange rate set by the Service Provider, which the Service Recipient accepts before concluding the Transaction.
Virtual currencies – according to the definition, it is a monetary value stored electronically, including magnetically, issued, with the obligation to redeem it, for the purpose of making payment transactions, accepted by entities other than only the issuer of electronic money. This value is not:
1. legal tender issued by the National Bank of Poland, foreign central banks or other public administration bodies in Poland and abroad
2. an international unit of account established by an international organization and accepted by individual countries belonging to this organization or cooperating with it,
3. electronic money referred to in art. 2 point 21a of the Act of 19 August 2011 on payment services (Journal of Laws of 2019, item 659, as amended – hereinafter referred to as UUP),
4. a financial instrument referred to in Art. 2 clause 1 of the Act ofJuly 29, 2005 on trading in financial instruments (Journal of Laws of 2018, item 2286, as amended – hereinafter referred to as UOIF),
5. a bill or check.
Order – the Service Recipient’s declaration of will addressed to the Service Provider, containing an order to perform a Transaction;
OTC Exchange – a system belonging to the company TRDX Sp. z o.o. with its registered office in Gdańsk, ul. Uphagena 18 (80-237 Gdańsk), a company entered in the register of entrepreneurs of the National Court Register kept by the District Court for Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register, under KRS number: 512705, NIP: 5842736023, REGON: 222100296, share capital in the amount of PLN 10,000.00, which the Service Provider uses as a platform on the basis of a partnership agreement to perform the Services;
Kanga Wallet – a mobile application belonging to the company TRDX Sp. z o.o. with its registered office in Gdańsk, ul. Uphagena 18 (80-237 Gdańsk), a company entered in the register of entrepreneurs of the National Court Register kept by the District Court for Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register, under KRS number: 512705, NIP: 5842736023, REGON: 222100296, share capital in the amount of PLN 10,000.00, which the Service Recipient uses to perform the Transaction.
Regulations – this document;
Transaction – exchange of Virtual Currency for cash or exchange of cash for Virtual Currency initiated by the Customer;
Agreement – a virtual currency exchange agreement concluded between the Service User and the Service Provider;
AML – the Act of March 1, 2018 on counteracting money laundering and financing of terrorism (Journal of Laws of 2019, item 1115, as amended);
GDPR – Regulation (EU) 2019/679 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 movement of such data, and repealing Directive 95/46 / EC (general regulation on the protection of data)

2. General provisions

The Regulations define the terms and conditions for the Service Provider to provide services to the Service Recipient, enabling the Service Recipient to exchange (sell or buy) the Virtual Currency (Services), as well as the rules for using the Services, as well as the rights and obligations for the Service Provider and the Service Recipient.
The absolute condition for using the Exchange Office and the Services offered therein is the Customer’s voluntary acceptance of the content of these Regulations by submitting an appropriate statement at the latest at the time of submitting the Order. In the absence of such a declaration in written or electronic form, it is assumed that the mere fact of submitting the Order means that the Service Recipient accepts these regulations.
Using the Website requires the Customer’s IT system to meet the following minimum technical conditions:
1. having a device enabling access to the Internet, equipped with an operating system and an installed web browser,
2. having an active e-mail address or an active phone number.
The Service Provider ensures the security of data exchange carried out via the home page and in Kantor by using the HTTPS protocol and obtaining an appropriate SSL security certificate.
The Service Provider informs that the performance of the Services as the subject of trading in virtual currencies involves the risk of losing the value of the invested funds due to the following:
1. the exchange of goods or products, both tangible and virtual, including Virtual Currencies, is associated with a specific risk;
2. Virtual Currency rates are constantly changing, therefore the value of invested funds may fluctuate at any time;
3. both conventional currencies and virtual currencies can be subject to large fluctuations in value or even lose their value altogether – there is an inherent risk of exchanging any goods or products on the market;
4. the exchange of Virtual Currencies carries a special risk resulting from the uniqueness of the object of exchange. Contrary to conventional currencies, controlled by central banks of individual countries – issuers or based on a specific economic measure (gold, silver, diamonds), Virtual currencies are based on new technological solutions and trust;
5. in the event of a collapse in the Virtual Currency market, there is no state institution with decision-making and causative power to counteract its effects, and no regulations that would allow it.
6. the customer should independently assess whether his financial situation and risk tolerance are appropriate for making Virtual Currency transactions;
7. more information on the risk related to trading in Virtual Currencies can be found at https://www.knf.gov.pl/?articleId=61994&p_id=18.
The exchange office is open in accordance with the opening hours given on the official website of the Service Provider https://bitmona.co/. Subject to the conditions for the provision of the Services described below, the use of the Exchange Office is free of charge, apart from the cost of internet access, enabling the use of OTC Exchange via the Kanga Wallet mobile application.
It is forbidden for the Service Recipient to provide illegal, offensive, misleading information, as well as content that may cause disruptions or damage to ICT systems in the Exchange Office.
In connection with the provision of the Services, the Service Provider provides the Service Recipient with content protected by intellectual property law, in particular works protected by copyright, materials bearing or may be marked with trademarks. The Service Recipient is obliged to comply with the provisions of intellectual property law.

3. Services provided by the Service Provider

In accordance with the conditions provided for in the Regulations and the Agreement concluded on its basis, the Service Provider, as a result of the Order received, performs a specific Transaction for the Customer. The services provided by the Service Provider to the Service Recipient consist of the Service Recipient’s execution of a Sale or purchase Order of units of Virtual Currency at the Exchange Office via the OTC Exchange system, to which the Service Recipient obtains access via the Kanga Wallet mobile application and activating an account in it (or alternatively in a browser).
As at the date of adoption of the Regulations, the Service Provider provides the Service of selling or buying virtual currencies in a stationary exchange office only through OTC Exchange using the Kanga Wallet mobile application. This service is provided in the field of virtual currencies for fiat currencies visible on the website https://bitmona.co/kantor-bitcoin/
Any future extension of the Service Provider’s offer to other virtual currencies does not require changing the content of these Regulations, the provisions of the Regulations will be applied accordingly to other virtual currencies.
By submitting the Order at the Exchange Office via OTC Exchange and Kanga Wallet, the Service Recipient accepts the Virtual Currency exchange offer at the rate proposed by the Service Provider, which is tantamount to concluding the Agreement on the terms described further in the Regulations.
The Agreement is terminated after the Order is placed by the Customer ceasing to use the Exchange Office, which may take place at any time until the cashier is provided with a six-digit one-time code confirming the Transaction, generated in the OTC Exchange in the Kanga Wallet application.
The final price of the Virtual Currency exchange is determined when the cashier at Kantor enters the six-digit one-time code provided by the Customer, generated by OTC Exchange in the Kanga Wallet application. Due to the dynamic volatility of the Virtual Currencies exchange rate, the Service Provider informs that in exceptional situations (e.g. problems with counting cash resulting from the state of banknotes, power failure, computer failure, technical problems with the OTC Exchange service, etc.), when a significant change occurs during the Transaction process. the course, the Transaction may be unilaterally canceled by the Service Provider or carried out at a rate different from the rate indicated at the beginning of the Transaction procedure.

4. The rules for placing orders and the procedure for conducting transactions as part of the service of selling or buying virtual currencies in a stationary exchange office

Placing an Order as part of the Service of selling or buying virtual currencies in a stationary exchange office by the Customer is carried out in accordance with the following procedure:
1. The Service Recipient arranges a visit to the Exchange Office in order to place the Order by entering the required data in the form for booking visits to the Exchange Office, available on the Service Provider’s website https://bitmona.co/umow-termin/, specifying the estimated amount he wants to get from the sale or purchase of units Virtual currency, expressed in euro (EUR) and by specifying the date of the meeting at the Exchange Office. By booking the Service at the Exchange Office, the Customer undertakes to have an active account in the OTC Exchange system, and declares access to it via the Kanga Wallet mobile application or a browser on the date and time of the agreed Transaction in the event of buying and selling virtual currency or having a voucher referred to in https://bitmona.co/kantor-bitcoin/ (only when selling virtual currency).
2. On the date specified in the previous point, the Service Recipient declares to the Service Provider the exact amount of fiat money or the number of virtual currency units to which the Transaction will apply and the currency of the fiat money that will be part of the Transaction (specific availability of a given fiat currency to be exchanged for a given virtual currency is specified on the Service Provider’s website https://bitmona.co/kantor-bitcoin/
3. The Service Provider at the Exchange Office provides the Customer with the cost of sale or purchase, based on the current, current virtual currency exchange rate visible in the OTC Exchange service modified with a commission for the Service Provider, which is consistent with the commission table visible on the Service Provider’s website https://bitmona.co/kantor-bitcoin/. In the case of non-standard transactions or the conclusion of an agreement on permanent economic relations, the Service Provider and the Service Recipient have the option to negotiate other commissions than those shown in the table, by drawing up an appropriate agreement.
4. After the Service Provider presents to the Service Recipient the specific cost of the transaction based on the premises from the previous point, and initiates the Transaction in OTC Exchange, the Service Provider asks the Service Recipient to provide a six-digit, one-time code generated in the OTC Exchange, e.g. through the Kanga Wallet application.
  1. In the case of a purchase of virtual currencies by the Customer, the Customer transfers cash to cover the above-described cost before generating the above-mentioned six-digit one-time code in the OTC Exchange.
  2. In the case of a sale of virtual currencies by the Customer, the Service Provider transfers cash to cover the above-mentioned cost before the Customer generates the above-mentioned six-digit one-time code in OTC Exchange
5. At the time of providing the Service Provider with the code, the Service Recipient loses the option to interrupt the transaction and apply for a cash refund, undertakes to carry it out on his side, and the relevant amount in the virtual currency goes to his wallet in Kanga Wallet or leaves it for the Service Provider’s account in OTC Exchange.
6. Similarly, when the Service Provider’s cashier enters a six-digit code on his side in the OTC Exchange system, the Service Provider loses the option to interrupt the transaction of applying for a cashback, undertakes to carry it out on his side, and the relevant amount in the virtual currency goes to his account in the OTC Exchange or leaves it and goes to the Customer’s wallet in Kanga Wallet.
7. After making the transaction and paying cash or transferring virtual currency units inside the OTC Exchange service to the Service Provider, the Service Recipient receives a printout of the transaction confirmation with OTC Exchange.
8. The Service Provider is not responsible for any delays in the booking of virtual currency units in the Customer’s OTC Exchange wallet, which may result from technical problems or other intentional actions of the OTC Exchange service owners.
The service is provided immediately, starting from the approval of the Transaction by the Service Recipient, i.e. after providing the Service Provider with a six-digit one-time code from the OTC Exchange service obtained, for example, via the Kanga Wallet mobile application. After posting the virtual currency units from or to the Customer’s wallet in the OTC Exchange service system, the Customer may not withdraw from the Agreement. The Customer is also not entitled to withdraw from the contract if the price of the service has changed rapidly in the time window, before the request to generate and enter the six-digit code inside the OTC Exchange system, and after the terms of the Transaction have been agreed by both parties. Cancellation of the Order is also impossible in a situation where the contract regarding the order is not recorded on a tangible medium, if the performance began with the express consent of the consumer – art. 38 of the Act of May 30, 2014 on consumer rights (Journal of Laws of 2019, item 134, as amended).

5. The Service Provider’s fees and commissions

In the case of the Service of selling or buying virtual currencies in a stationary exchange office, the Service Provider’s commission is included in the Virtual Currency selling rate offered to the Customer, accepted by the Customer at the time of initiating the Transaction at the exchange office. The difference in the selling rate offered to the customer and the selling rate visible in the OTC Exchange system, which is the platform for the Transaction, results from the commissions charged according to the commission table available on the Service Provider’s website https://bitmona.co/kantor-bitcoin/ or the commission agreed individually by both parties in the event of a non-standard transaction or establishing a permanent business relationship.
The Service Provider also reserves the right to arbitrarily change the commission as a result of the need to react to sudden events on the virtual currencies market. However, the Service Recipient knows the total cost of the Transaction, because at the time of the Transaction, he receives clear information at what rate he will be able to sell or buy the virtual currency.
When selling the Virtual Currency by the Customer at a price higher than the purchase price, the Customer is obliged to pay public law liabilities in accordance with the provisions of generally applicable law.

6. Responsibility

The Service Provider is obliged to reliably perform the Service for the Client.
The Service Provider reserves the right to temporarily block access to the Exchange Office and the possibility of placing Orders. The Service Provider does not guarantee the possibility of executing the Order despite booking a visit and the amount of cash available in the Exchange Office, which he replenishes according to his own priorities and possibilities.
The Service Provider is not responsible for non-performance or improper performance of the Service, if it is caused by circumstances not attributable to the Service Provider. First of all, this applies to any problems with the functioning of the OTC Exchange system and the Kanga Wallet mobile application, which are operated by a partner company in relation to the Service Provider. In the event of such problems, the Service Provider is also not able to guarantee the date of recovery by the above-mentioned system and application of the functionality and is not able to guarantee the exact date of posting any delayed transfers of virtual currency units to the Customer’s wallet within the OTC Exchange service.
The Service Provider is not responsible for non-performance or improper performance by the Service Recipient of obligations under the generally applicable provisions of law. The Service Provider is not responsible for providing false and incomplete information by the Recipient, in particular in the case of providing third party data without their consent or knowledge.
The Service Provider shall not be liable in any way for the Customer’s loss of access to his account in OTC Exchange and the funds being the subject of the transaction.
By reading the Service Provider’s home page https://bitmona.co/kantor-bitcoin/ or being instructed directly in the Exchange Office with the suggested technological solutions for securing its assets in the field of virtual currencies, the Service Recipient expressing the will to the Order declares full responsibility for the protection of his access data to OTC Exchange and Kanga Wallet and undertakes not to make any claims against the Service Provider in the event of loss of such data after the Transaction at the Exchange Office and, as a result, loss of material resources being the subject of the transaction.

7. Counteracting money laundering and terrorist financing

The Service Recipient is aware that Virtual Currencies are not a conventional currency or electronic money – they do not fall within the scope of the Payment Services Act of 19 August 2011 (Journal of Laws of 2011, No. 199, item 1175, as amended). as amended) and the Act of 29 July 2005 on trading in financial instruments (consolidated text: Journal of Laws of 2014, item 94, as amended).
The service provider is an obligated institution within the meaning of the Act on Counteracting Money Laundering and Terrorism Financing (AML).
The service provider is an obligated institution within theIn accordance with the AML regulations, the Service Provider applies financial security measures specified in art. 34 AML and performs due diligence in performing activities and performs the obligations resulting from AML.meaning of the Act on Counteracting Money Laundering and Terrorism Financing (AML).
Bearing in mind point 3, the Service Provider may perform certain obligations, in particular in the field of identification and verification of the identity of the Customers before making the Transaction. In view of the above, the Service Recipient is obliged to cooperate with the Service Provider in the implementation of the obligations arising from AML, in particular, the Service Recipient is obliged to refrain from circumventing the AML regulations, e.g. by unjustified dividing one Transaction into several smaller ones and preventing or hindering the identification of the Service Recipient by the Service Provider.
In the event of inability to fulfill the obligations indicated in the AML, the Service Provider is entitled to refuse to provide the Service.
In the case specified in point 5, the Service Provider shall not be liable for non-performance or improper performance of obligations under the concluded Agreement.

8. Processing of personal data

In connection with the provision of the Service by the Service Provider for the Service Recipient, the Service Provider may process the Service Recipient’s personal data. For this reason, the Service Provider in compliance with the obligation referred to in art. 13 GDPR provides the following information.
The data administrator of personal data of the Service Recipient is Bitmona Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw – ul. Grzybowska 2/8 00-131 Warsaw, KRS: 0000975375, NIP: 5252910773, REGON: 522224267, share capital PLN 10,000.00 paid up in full (hereinafter also referred to as the “Administrator”).
Contact with the Administrator is possible via:
1. Telephone numbers: +48 459 568 000, +48 452-552-062, +48 452-552 061
2. E-mail address: [email protected]
The Service Recipient’s data will be processed for the following purposes:
1. Conclusion, performance of the Agreement, consideration of complaints and requests of the Service Recipient related to the implementation of the Services, in this respect the processing will take place on the basis of art. 6 sec. 1 lit. b GDPR,
2. Fulfilling the legal obligation incumbent on the Administrator, in particular in the field of accounting regulations and AML, in this respect the processing will take place on the basis of art. 6 sec. 1 lit. c GDPR,
3. Resulting from the legitimate interest of the Administrator, which is considered to be the establishment and pursuit of claims and defense against claims, in this respect the processing will take place on the basis of art. 6 sec. 1 lit. f GDPR,
4. Resulting from the legitimate interest of the Administrator, which is considered to be direct marketing of the Administrator’s own services, in this respect the processing will take place on the basis of art. 6 sec. 1 lit. f GDPR.
The Service Recipient’s personal data may be transferred to external entities that cooperate with the Administrator or provide services to him (legal services, IT services) and public administration bodies on the basis of applicable law.
In connection with the processing of personal data, the Service Recipient has the following rights:
1. Access to personal data – to the extent described in art. 15 GDPR,
2. Correction of the correctness of personal data – to the extent described in art. 16 GDPR,
3. Removal of personal data – to the extent described in art. 17 GDPR,
4. Limitation of the processing of personal data – to the extent described in Article 18 of the GDPR,
5. Transferring personal data – to the extent described in art. 20 GDPR,
6. Object to the processing of personal data – to the extent described in art. 21 GDPR
The Customer’s personal data will be processed for the duration of the Agreement. However, in terms of achieving the goal of determining and investigating and defending against possible claims, personal data may be processed for the next three years from the date of termination of the Agreement – in accordance with art. 442¹ § 1 of the Act of 23 April 1964 Civil Code (Journal of Laws 1964 No. 16 item 93, as amended). After this period, the data may be stored in connection with the necessity to fulfill obligations resulting from applicable law.
The provision of personal data is a condition for the conclusion of the Agreement. If the data is not provided, it will not be possible to conclude and perform the Agreement.
The Service Recipient has the right to lodge a complaint with the President of the Personal Data Protection Office. Contact address of the Office: ul. Stawki 2, 00-193 Warsaw. Additional information on the subject of lodging a complaint can be obtained on the website https://uodo.gov.pl/pl/p/skargi.
Information on the use of cookies by Bitmona Sp. z o.o. constitutes Appendix No. 1 to the Regulations.

9. Complaints procedure

The Service Recipient is entitled to submit complaints regarding the method of providing the Services by the Service Provider indicated in the Regulations. The maximum time for submitting a complaint is 30 days from the performance of the Service.
Complaints, including related claims, should be submitted by e-mail to the e-mail address [email protected] or in writing to the address of the Service Provider’s registered office.
The telephone hotline is available to the Service Recipient during the opening hours of the Exchange Office, set and published on the Service Provider’s home page at the telephone numbers also available on the above-mentioned website https://bitmona.co/kontakt/
The complaint should contain at least:
1. Designation of the entity making the complaint – name, surname or name of the Service Recipient,
2. A short description of the subject of the complaint with a specific request related to the complaint.
The complaint settlement will be delivered to the Service Recipient by e-mail or in writing, depending on the form of submitting the complaint. Consideration of the complaint and providing the answer will take place without undue delay, but not later than within 30 days from the date of receipt of the complaint. To keep the above-mentioned it is enough to send a reply to the Customer before its expiry.
The Service Provider enables the Service Recipient to contact the Service Provider’s representatives directly by phone or at the Service Provider’s local office during office hours.
Any refunds are made after the Service Provider accepts the complaint at the current Virtual Currency exchange rate.

10. Final provisions

The Regulations constitute an integral part of the Agreement.
Regulations may change. The Service Recipient will be informed about the content of the amendments to the Regulations by posting information about the amendment to the Regulations on the website by the Service Provider.
In matters not covered by these Regulations, the provisions of Polish law shall apply, in particular the Civil Code, the Act on consumer rights, the Act on the provision of electronic services.
Any disputes arising in connection with or during the performance of the Service, the parties undertake to settle by mutual negotiations or mediation, and in the event of failure to reach an agreement, these disputes will be submitted to the court competent for the seat of the Service Provider or – if a party to the Agreement is a Consumer – court appropriate for the Consumer.
The Regulations come into force on August 5, 2022

Annex 1 to the Regulations for the provision of virtual currency exchange services

on the Bitmona website – https://bitmona.co/regulamin- Sprzedaż/.