The Terms of Service determine terms, conditions and functioning of the Platform and provision of Services by means of the Platform.
In order for the Services to be provided and to make use of the Platform it is required that You (User) acknowledge (read) and accept provisions of the Terms of Service.
Please consider that Service Provider’s business activity does NOT encompass the following: purchase and sale of foreign-exchange values, intermediating in such dealings or financial instruments transactions.
The Terms of Service have become effective as of 20.02.2018.
The Services are provided by the Service Provider in accordance with CET (Central European Time).
For the following words and phrases used in the Terms of Service the following meaning shall be adopted:
Service Provider - Coinroom sp. z o.o., with registered premises at ul. Janka Muzykanta 60, 02-188 Warszawa, Polska, registered in National Court’s Registry under the number (KRS): 0000621487, having the Tax Payer’s Number (NIP): 5272771777 and statistical number (REGON): 364625784, with seed capital of 100 000 PLN paid in full, registration office: DISTRICT COURT FOR THE CAPITAL CITY OF WARSAW, XII DIVISION OF THE NATIONAL COURT REGISTER;
Company – natural person, legal person or legal entity having legal capacity within the meaning of proper provisions of Polish law, who has entered into an Agreement on provision of Services with Service Provider;
User – a person who has entered into an Agreement with Service Provider;
Consumer – a natural person who has entered into an Agreement with no relation to his/her business nor professional activity;
Account – an account within the Platform and a collection of resources and authorisations available after logging into the Platform;
Login – an Account ID being a User’s email address;
Password - a unique set of signs (numbers or special signs) used to authorize access to and log into an Account;
Third Party - any natural or legal person or entity not being a legal person but having legal capacity according to the Polish law, except for a User and Service Provider;
Terms of Service – these Terms of Service which determine terms, conditions and functioning of the Platform and provision of Services by means of the Platform;
Registration – an act performed by a User which is a prerequisite for entering into an Agreement on provision of Services within the Platform;
Platform – a system of websites which belong to Service Provider and are available at the following URL address: https://www.coinroom.com;
services provided by means of electronic communication/services provided by electronic means – provision of a service without Your and Our simultaneous presence (at a distance), by data transfer, at Your individual request, being sent or received by means of electronic processing device, including digital compression or data storage, which is entirely conferred, received or/and transmitted through telecommunications network;
personal data – information allowing for identification of a natural person;
Data Controller – an entity who decides on means and purpose of personal data processing;
digital currency – BTC or DASH or XMR or other digital currency which User can see in the Service;
cookies - small textual information sent by the www server and saved on the side of a User;
Agreement – an agreement on provision of Services within the Platform, entered into by a User and Service Provider and in compliance with the Terms of Service;
Services – services available by means of the Platform;
telecommunications networks – a combination of interrelated and cooperating IT devices and software which enable the following activities: data processing and storage as well as data sending and reception, via telecommunications networks, by means of a terminal device appropriate for a specific telecommunications network, as specified in the Act of 16th July 2004 – Telecommunications Law (published in Dz. U. of 2004 no. 171, item 1800 as amended);
newsletter – an e-bulletin sent by Service Provider to recipients who agreed on reception of commercial information;
exchange rate – a price of the digital currency in a traditional currency or a price of a traditional currency in the digital one (exchange relation), which an invitation to enter into an exchange agreement is made;
commission – commission (remuneration) charged by Service Provider;
payable sum – exchange rate plus accepted commission;
working day - any day between Monday and Friday, from 9 am to 5 pm, CET, with exclusion of the statutory days off in the Republic of Poland.
In order for the Platform and Services to function properly it is required that Users make use of a device connected to Internet.
Technical assistance is provided in accordance with § 4 of the Terms of Service.
SCOPE AND TYPES OF SERVICES
Within the Platform the Service Provider shall offer free of charge services listed below and paid services (billed in commission).
Both User and Service Provider shall accept that digital currencies are an alternative means of payment to the legally accepted means of payment. Their sole function is to make payments.
The Services shall be provided for Consumers, however where a User requests for issuance of an invoice, the Services shall be deemed to be provided for an entity indicated in the document who is not a Consumer.
A User shall provide Service Provider with the following data: his/her address of external wallet for digital currency and his/her bank account (name, surname, address, account number) data respectively. The data shall be saved automatically within the withdraw service.
If in the territory of the country which uses the User's Service, digital currency is illegal, it is forbidden to use the Service by the User.
Use of the Website and Services available through it is only possible for persons with full legal capacity and / or single person business or legal persons.
Registration requires provision of e-mail (Login) and Password. A activation link shall be sent to an email address provided by a User. A click on the link is a prerequisite for successful completion of the Registration process.
Registration within the Platform shall be voluntary.
Exchange with the Service Provider
In order to make use of the Services a User shall choose a digital and traditional currency he/she wishes to exchange and determine the quantity of units. The exchange rate is updated every 10 seconds. User may specify at this stage whether or not the Service is to be executed at the Exchange Rate that it chooses to perform, and if so, with what tolerance of the change of course. This means that the User sends an invitation to enter into an exchange agreement to the Service Provider. The Service Provider accepts or rejects the Exchange Rate and has the right to react for up to 24 hours. The exchange is made on the basis of the accepted Replacement Rate by the Service Provider and the Amount to be paid is displayed. The Service is realized at the rate of the time when the money was posted. The Service is not implemented if the course deviates from the Exchange Rates accepted by User.
The Service are available to a User who provided Service Provider with the data as described in subclause 4.
It is possible to provide the Service for people without an Account. In this case, the IP and e-mail address is collected and the amount of the transaction is limited to PLN 4,000 at once. Any such transaction, The Service Provider has the right to block each time a suspicious behavior or circumvention is detected. In addition, the Service Provider is entitled to refuse the Service.
In the event of buying digital currency, a User shall be able to make payment by means of:
SEPA transfer via bank transfer - http://www.europeanpaymentscouncil.eu/index.cfm/sepa-instant-payments/sepa-instant-credit-transfer-sct-inst/ ,
Epay Limited, Unit 12, 17/F, Grandtech Centre, 8 On Ping Street, Sha Tin, New Territories, Hong Kong - https://www.epay.com
Skrill Limited, 25 Canada Square, London, E14 5LQ - https://www.skrill.com
his/her wallet used within the Platform.
A User shall have access to his/her transactions history within his/her Account and shall be able to save it as a .pdf or .csv file.
A User shall be able to recommend the Services to a third party. In order to do that the User shall copy an affiliation link and send it to an acquaintance. If the acquaintance creates an Account, the User who has recommended the Service shall be entitled to benefit from reduced commission for use of the currency exchange bureau services within the Platform.
Information on discount codes or their value shall be displayed within the Account.
Exchange with other Users
In order to make use of the stock exchange services a User shall supply his/her wallet within the Service and then shall choose an offer of his/her interest (sale/purchase of digital currency) and determine its value by means of parameters available within the Platform. Then a Commission shall be automatically added and the offer shall be made available to other Users.
A User who is interested in accepting the offer as specified in subclause 16 hereinabove shall accept it by clicking a button. The very moment of clicking the button shall result in him/her entering into an agreement on purchase/sale of digital currency between Users.
The intermediation service as specified in subclause 17 hereinabove shall be provided by raising a credit in (supplying) the wallets proper within the Service.
In order to perform a withdrawal, a User shall complete the data in accordance with the instructions displayed within the Account. The data as specified in subclause 4 is saved and stored in “favourites”. The data might be changed afterwards.
The payment is made in the manner chosen by the User.
The available balance is PLN 65,000 per annum. Only verified Users can have a higher turnover balance.
The Account may be removed by a User at any time on condition that a User withdraws his/her resources. In such an event the Account shall be removed automatically.
Should a User wish to get his/her Account removed, he/she shall sent an email compliant with his/her Login.
Service Provider may remove a User’s Account at any time, in particular should a User be in breach of the Terms of Service or law. In the case of an Account removal, resources shall be sent in accordance with data indicated by User (in the absence of data they are sent respectively to the data referred to in paragraph 4), or if the deletion of the Account is due to breach the law by the User, the assets are secured or forfeited under appropriate documents issued by the appropriate authority / prosecutor.
Service Provider provides technical assistance to Users in relation to provision of Services and functioning of the Platform.
In order to receive technical assistance, it shall be advisable to send a contact form available in “Contact” tab.
It shall be also advisable to send an email to the following address: email@example.com or livechat or hotline.
Technical assistance shall be provided only on working days.
The Agreement shall be entered into between Service Provider and a User on the basis of a standard contractual agreement – the Terms of Service effective as on the date of conclusion of the Agreement.
An Account within the Platform shall be created by a person having reached maturity and having full legal capacity. Service Provide shall presuppose that the data provided by a User are compliant with factual state.
In order to enter into an Agreement it shall be required to fill in the Registration form, acknowledge and accept the Terms of Service and give proper consents necessary for the services to be provided properly at the Registration stage. In the event of an incorrect email address being provided by a User, the Registration process cannot be completed successfully (activation is required).
It shall be deemed that the Agreement has been concluded with the very moment of an Account activation (link confirmation) by a User. The moment of conclusion of an agreement on provision of a particular service of a User’s choice shall be the very moment of clicking on the relevant confirmation button.
DURATION AND TERMINATION OF THE AGREEMENT
The Agreement shall be entered into for an unlimited period.
The Agreement may be terminated by either of the Parties at any time. In order to do that a User shall remove his/her Account, whereas Service Provider shall send an email and remove a User’s Account. Account deletion is only possible if the balances are blank (required by the payment order) or if the situation described in §3 section 31 on the Terms of Service.
Service Provider shall be entitled to disable access to a User’s Account should the User be in breach of legal provisions and/or the Terms of Service. In such event it shall be deemed that the Account is disabled at the User’s fault and the circumstances shall be explained. The Account may be disabled for the entire duration of the Agreement. The decision to re-activate the Account shall be made by Service Provider at his own discretion. The act of disabling access to an Account shall not be deemed termination of an Agreement. User has the right to lodge a complaint.
The Consumer has the right to withdraw from the Agreement within 14 days of the conclusion of the Agreement. The Consumer can use for this purpose a withdrawal form, which is enclosed in attachment no. 2 to the Terms of Service.
USER’S RIGHTS AND OBLIGATIONS
A User shall be obliged to make use of the Platform and Services available within the Platform subject to terms and conditions of the Terms of Service.
A User may inform Service Provider about his/her ideas on introducing new functionalities to the Platform. Service Provider welcomes any ideas concerning development of the Platform and Services and encourages Users to contact him on that subject matter.
Each and every User shall be obliged to provide complete data that he/she is entitled to make use of the data (provided that he/she has reached maturity and has full legal capacity).
Each and every User shall be obliged to:
provide Service Provider with true (compliant with factual and legal state) data, including personal data, and update the data promptly after its modification by introducing proper changes within the Account;
provide Service Provider with the data, including the personal data, that he/she is entirely entitled to make use of;
make use of the Platform and Services available within the Platform in compliance with binding and applicable law, provisions of the Terms of Service, purpose of provision of the Services and socially acceptable moral standards;
make use of the Account only in his/her favour;
refrain from making such use of the Platform and Services available within the Platform that would result in their malfunctioning, any disturbance or hindrance in their functioning;
refrain from any activity that is illegal or contrary to socially acceptable moral standards, or infringe economic or personal rights of other Users, any third party or justified interests of Service Provider, or other Users or any third party;
refrain from interfering with the Source Code;
refrain from accessing Accounts belonging to other Users (e.g. by breaking Passwords);
refrain from generating excessive or disproportionate load of the connections and other infrastructure, by means of which the Service and the Platform are available;
keep its Password confidential and refrain from making it available to other Users and any third party;
refrain from making his/her Account available to other Users or any third party.
Each and every User shall be obliged to withdraw all funds from the wallet in the Platform prior to removal of his/her Account.
It shall be forbidden to make use of the Service for the purposes of conducting terrorist, sabotage or other criminal activity, or any other law infringements, or torts.
User’s rights and obligations resulting from the Agreement shall not be transferred on any third party. A User shall not be entitled to transfer/re-sale/dispose of his/her Account onto a third party. Service Provider shall be solely entitled to create Accounts. Each Account shall be created for one User only and with limitation to one unique set of personal data.
It is forbidden for the User to use the automated programs while using the Service.
SERVICE PROVIDER’S RIGHTS AND OBLIGATIONS
Service Provider shall not interfere with any Account or data gathered within an Account unless:
he acts upon User’s request for technical assistance;
there is a suspicion of a breach of the Terms of Service or binding law;
there will be a technical problem or acting to the detriment of the Service Provider and Users and the restoration of a lawful state that does not lead to a breach is required.
Service Provider shall be entitled to ask Users about their general opinion and level of satisfaction in relation to use of the Platform or Services provided within the Platform, including technical assistance. Opinions may be collected in a form of short questions or brief surveys available after logging into an Account;
Service Provider shall be entitled to examine the manner of use of the Platform or Services provided within the Platform, in particular by collecting anonymous data, including IP addresses and information on duration of a session, – cookies – allowing for their functional and technical (e.g. resolution of a screen, type of a search engine used, the number of clicks on particular tabs on the Website) improvement.
At his own discretion, Service Provider shall be entitled to enhance parameters and functionalities of the Services. The modifications shall not result in poorer quality of the Services provided to a User.
Service Provider shall reserve to himself the right to make the Platform and/or the Services unavailable, entirely or partly, due to technical reasons, including a need for maintenance works or modifications to be introduced. Service Provider shall exercise the utmost care so that an instance of unavailability is the least onerous for the User.
Service Provider shall exercise the utmost care so that the Services are provided duly, on regular basis and without any disruptions.
The Service Provider has the right to suspend the performance of Services if the User's action caused damage to the Service Provider or another User or a third party or if he received credible information about the possibility of a criminal offense by the User or official notification in this matter. In such a case, the Service Provider has the right to suspend the operation of the User's Account until the matter is clarified.
The Service Provider may take other actions and actions than those mentioned above in accordance with the terms and conditions set out in the Terms of Service.
A commission shall constitute a Service Provider’s remuneration for provision of the Services to a User.
The amount of the commission shall be added automatically. A payable sum shall contain the commission.
The amount of the commission shall be displayed within a User’s Account and a on a document confirming provision of the Services.
The amount of the commission can be checked in the table of fees and commissions which includes attachment 3 to the terms and conditions.
PERSONAL DATA PROTECTION
Should it be necessary, Service Provider shall be entitled to control the data provided to him by Users, including their personal data.
Service Provider shall be a Data Controller for the data placed within the Platform by the User. Every data subject has the right to access data, rectify, delete or limit processing, the right to object, the right to submit a complaint to the supervisory authority. All inquiries about the method of data processing should be sent to the e-mail address: firstname.lastname@example.org
Users’ personal data shall be processed:
directly from the data subject;
in accordance with the law of personal data protection;
within the scope and purposes necessary to conclude, determine the content, modify the content, dissolve or realise properly the Agreement or proper provision of the Services;
within the scope and purposes necessary to fulfil legally justified purposes realised by the Data Controller, such as handling inquiries, complaints, etc., on condition that the data processing shall not violate rights or freedoms of the person whose data is processed;
to the extent and purpose necessary to receive the newsletter in relation to people who have expressed their will to receive marketing information.
Withdrawal of consent to the newsletter means that data will not be processed for this purpose. The service provider has the right to record who and when revoked the consent to receive the newsletter.
The deletion of the Account means that the data will not be processed, but for a period of 10 years from the date of removing the Account, we will process the data for the purpose of seeking possible claims. The Service Provider shall be entitled to disclose User’s personal data to entities authorized to have such access on the basis of the binding law provisions (e.g. execution authorities).
The Service Provider shall be entitled to entrust the personal data saved in telecommunications network to be processed by an entity having registered premised within the territory of European Economic Area as long as the entity meets requirements of binding EU law.
The data might be removed due to dissolution of the Agreement. In such event Service Provider declares that he shall store the Users’ data for the duration required by the binding law and for the purposes of the future, prospective claims between the Parties or in relation to the binding law provisions.
Service Provider shall not make the User’s personal data available to any entity unless the entity is authorized to have access to the data by binding law.
The personal data provided by a User shall be kept confidential and shall not be displayed to other Users.
In the event of a need to process Users’ personal data for other purposes than specified hereinabove, this shall be performed only with User’s consent and within the scope and for the purposes specified in the consent.
A User shall be allowed to introduce a two-phase authentication by means of mepin.com (terms of service are available at the following URL address: https://help.mepin.com/terms) or Google Authenticator (we recommend using the original application available on Android and iOS, terms and conditions are available in the application. In order to do that it is required to have an account at mepin.com or to download Google Authenticator and match it with the Account in the Platform.
User can set the PIN code.
A User shall be allowed to introduce a two-phase authentication as long as it complies with the Account parameters.
Privacy and cookies
Should a User notice any modification, including interface change, uncommon communications or icon,s about which he/she has not been informed by Service Provider, during making use of the Platform or after having logged into the Account, he/she shall expeditiously contact technical assistance.
Service Provider declares that he shall store the Users’ data for the duration required by the binding law provisions and for the purposes of the future, prospective claims between the Parties or in relation to the binding law provisions.
In order to make a complaint, a User shall contact the technical assistance.
Complaints shall be made as soon as possible after the occurrence of damage (e.g. Service malfunctioning). The complaint shall state Login and describe in details all instances of malfunctioning (including statement on time and place of the occurrence).
The complaints shall be settled at Service Provider’s earliest convenience; however, this shall take no longer than 14 days. The User shall be informed on the status of his/her complaint by electronic means.
The day of the complaint filing shall be deemed the day when the Service Provider receives the complaint.
Each and every piece of software and content within the Platform, including arrangement, layout, data bases, logos, graphics, photos, audio or video files, belong to Service Provider or a third party (if it is explicitly stated so) and are protected by binding law.
The name “Coinroom” has been used in the market in the European Union and beyond its territory without any temporal limitations to distinguish and differ Services of the Service Provider from other goods and services or goods and services of any third party respectively. The name “Coinroom” shall be deemed a business name.
None of the hereinabove listed elements shall be used without the Service Provider’s prior written consent. In particular, the elements shall not be used in relation to goods or services of third parties in the manner that may result in confusion on the side of Users or third parties or any detriment of Service Provider.
Indications of intellectual property rights to elements of the Platform, trademarks, or information on copyrights must not be removed, covered, made unreadable or modified by any User or any third party.
Each User shall be liable for the accuracy of the data, including the personal data, she/he provides Service Provider with and own action or omission in the Service.
Service Provider shall not be liable for:
incorrect entry of a User’s data,
lack of access to the Internet on the side of a User or its limitations;
limitations or malfunctioning of software or devices belonging to a User and which foreclose making use of the Service;
damages incurred and loss of profit on the side of a User or any third party resulting from Password disclosure to third parties by a User;
damages incurred and loss of profit on the side of a User or any Third Party resulting from a User’s actions or non-actions, in particular due to use of the Application by a User in breach of the Terms of Service or binding law, also the use resulting in his/her Account being disabled or preserve the resources forfeit in compliance with binding law,
damages incurred and loss of profit on the side of a User or any third party resulting from the actions or non-actions of any third party, not being a party of the Agreement, which could not be influenced by Service Provider,
damages incurred and loss of profit on the side of a User not resulting from Service Provider’s intentional actions;
links to the websites belonging to the third parties. The websites belong to and are managed by their respective administrators or service providers. Service Provider shall not be liable for their accessibility or quality.
A User makes use of the Platform and the Services provided within the Platform at her/his own risk and responsibility.
The Service Provider shall not be liable for the choice of the payment intermediary referred to in §3 section 12 of Terms of Service and does not process any card data or login data for any bank.
Service Provider shall exercise no control over the manner the User manages her/his Account.
In the event of Service Provider having received an official notification or actual knowledge on unlawful character of the data, including the User’s personal data, the Service Provider shall contact the User in order to get the situation explained and act in accordance with the Terms of Service (he shall disable the Account, or, eventually, remove the Account) and binding law.
Should on the side of a third party occur circumstances which make it impossible for Service Provider to continue proper provision of the Services, Service Provider shall not bear any liability.
Service Provider shall make the content of the Terms of Service available to Users before Registration and send the Terms of Service by email.
The Terms of Service might be made available in any other manner, upon as User’s or third party’s individual request should there be a problem with its displaying or reading. If so, Users or third parties are kindly asked to contact the technical assistance.
Service Provider shall be entitled to introduce modifications to the Terms of Service.
Each User shall be informed through an email message sent to the email address ascribed to their Accounts (Login) on each substantial modification of the Terms of Service at least 14 days prior to the date when the modifications will have become effective.
In case of substantial modification of the Terms of Service specified in subclause 4 hereinabove, every User may terminate the Agreement until the modification becomes binding. If a User fails to notice Service Provider on termination or to terminate the Agreement within the period specified hereinabove, it shall be deemed that the User agrees on provision of the Services in accordance with the Terms of Service as modified.
Modification of the scope or type of the Services which is not contrary to the currently binding Agreement shall not be deemed a substantial modification of the Terms of Service. This shall apply to modifications of descriptions and information on functioning of the Services.
In the event of a Third Party noticing breach of binding law, she/he shall be obliged to contact the technical assistance and send a reliable notification on the unlawful character of the data, including the User’s personal data. In such event, Service Provider shall contact the User and obtain explanation of circumstance of the case. Should it be justified, Service Provider shall be entitled to disable access to information, data, including personal data, or the Account indicated by the third party as illegal.
In case of any subject matters not being covered by the Terms of Service, the applicable law shall be the Polish law (the applicable provisions) and/or if the case involves Consumers - the provisions applicable to Consumers shall be in force.
In the event of any provision of the Terms of Service being declared null and void by the court, the other provisions shall survive.
Each and every dispute shall be settled in an amicable manner, in particular Service Provider declares his willingness to participate in ADR (Alternative Dispute Resolution). Consumers who would like to use extrajudicial dispute resolution can use the platform http://ec.europa.eu/consumers/odr/ to resolve disputes regarding the contract concluded electronically.
Each and every dispute between Service Provider and the User who is not a Consumer shall be settled amicably in the first place and only in case of failure by the court having jurisdiction in the place of the Service Provider’s registered premises.
Attachment no. 2: Withdrawal form.
Attachment no. 3: Table of fees - https://coinroom.com/fees
Please read the hereinunder document on protection of personal data within the Platform. Details on personal data processing are explained in the Terms of Service.
The process of logging into an Account panel is encrypted with 256-bit SSL.
To log into an Account a User must enter a Password. It is highly recommended that the Password is changed at least every 30 days, no more seldom than every 90 days.
If a User remains inactive for longer than 30 minutes, he/she is automatically logged out (the session has expired).
A User can introduce a two-phase authentication. Details are available within a User’s Account.
Users should not allow their browser to save their Password.
Users should not make use of publicly accessible Wi-Fi Internet connections.
Users should refrain from using devices which belong to either third parties or both third parties and a User/Users.
An IT company provides Service Provider with services including safeguarding software used within the Platform and server where data is gathered. Service Provider has entered into an agreement entrusting data processing with the IT company.
Service Provider notified his data collections to GIODO (General Inspector of Personal Data Protection).
Service Provider has implemented protective measures on processing security and risk analysis in compliance with his internal procedures, which are confidential and will not be disclosed.
What do we mean by “cookies”?
Cookie files are transferred to search engines and then stored in the memory of devices and read by the server during each connection to the Platform. The files do not contain any data that would allow any third psarty for discovering Your personal data nor make contact with You, e.g. via email or phone. Storage of the cookie files does not allow us or any third party for having access to your private device.
What kind of cookie files do we process?
Within the Platform we process the following cookie files:
Technical cookies – these files enable proper communication transmission and storage of Your settings if You choose the option in the Platform and/or allow us to prepare simple statistics on the number of the Platform displays/uses.
We make use of the cookie files responsible for the logging session and the choice of language.
Google Analytics Cookies
How can you disable cookie files?
By means of Your search engine (browser) settings You can decide whether cookie files are to be processed or not. If You do not want the cookie files to be processed, You need to disable the processing by choosing an appropriate option in privacy settings of Your search engine (browser).
If you disable the processing of cookie files, it will not affect the way the Website is displayed; however, this may affect the limitations to the development and accessibility of the Services in relation to the Users’ needs.
Technical cookie files cannot be disabled due to security constraints and the Terms of Service.
Notifications are email messages sent to a User and concerning the manner the Platform is used. By default notifications are enabled. You may change settings of Your Account.
Attachment no. 2: Withdrawal form.
Coinroom sp. z o.o.
ul. Janka Muzykanta 60,
Statement of withdrawal from a distance contract
I apply for a waiver of the Agreement concluded on ...................... (Date of establishment of Account).
E-mail address given at the registration stage: .................. ..
Please provide the reason: ............................................. .................................................. ....
Please sign the declaration yourself and return the scanned document by e-mail.