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Regulations

I. General provisions of the regulations establishing the legal relationship between the owner of the kantor.pl online exchange platform, E-business Partner Sp z o.o. in Warsaw, and Users of kantor.pl.

 

§1 Definitions
1. Kantor.pl Websitean online exchange platform located at www.kantor.pl, maintained by E-BUSINESS PARTNER Sp. z o. o., KRS (National Court Register no.) 0000243555, NIP (tax ID no.) 867-19-60-665, REGON (statistical no.) 830472564, initial capital PLN 4,061,500, fully paid. You can check the company’s credibility at the National Court Register.
2. Regulations – this document defines the Regulations of the Kantor.pl Website.
3. User – a natural person with full legal capacity or a legal person or organisational unit without legal personality for whom/which a User Account was created as a result of the Registration process.
4. Registrationregistration at kantor.pl is an entire process leading to the creation of a User Account at the kantor.pl online exchange platform. Completion of the Registration process is possible upon correct completion of all mandatory fields.
5. User Account – an account created for a User upon completion of the Registration process. The User shall log in to the trading panel using a unique login. Access to the User Account shall only be possible via the Trading Panel, exclusively upon a password set up by the User and selected digits of their phone number.
7. Trading Panel – a graphic interface that enables the User to manage their User Account at kantor.pl and to place foreign currency exchange orders.
8. Supported Currency – currencies whose sales or purchase is enabled by the currency exchange system. Kantor.pl online exchange platform supports the following currencies: British pounds (GBP), euro (EUR), Swiss francs (CHF) and American dollars (USD).
9. Notifications from Kantor.pl – messages sent by the Website to the User using electronic communication channels, including in particular e-mail and text messaging services.
10. Business Hours – time of availability of the services provided by the Website. Business Hours are published on the Kantor.pl website, under the “Contact" tab.
11. Kantor.pl Website Manual “ First Steps" – manual for handling transactions in the Trading Panel of the Kantor.pl Website available in an electronic form at the kantor.pl website.
12. Act on electronic services – Act on the provision of electronic services (Act of 18 July 2002, Journal of Laws No. 144 item 1204, as amended),
13. Foreign Exchange Law – Foreign Exchange Law Act (Act of 27 July 2002, Journal of Laws of 2007, No. 61, item 410, as amended);
14. Act on money laundering – Act on counteracting the introduction to the financial circulation of financial assets originating from illegal or undisclosed sources and counteracting financing terrorism (Act of 16 November 2000, Journal of Laws of 2003, No. 153, item 1505, as amended);
15. Act on personal data protection (Giodo) – Act on personal data protection (Act of 29 August 1997, Journal of Laws of 2002, No. 101, item 926, as amended).
16. Regulation on e-invoices – Regulation of the Minister of Finance concerning the issuing and sending of invoices in electronic form and storing the invoices and making them available to tax authorities or tax control authorities (Regulation of 17 December 2010, Journal of Laws No. 249, item 1661, as amended).
17. System Operator – INGENSUM Sp. z o.o. with its registered office in Warsaw, KRS (National Court Register no.) 0000373781, (NIP – tax ID no.): 951-232-92-45, REGON (statistical no.): 142726540.

 

§2 Electronic service
1. In accordance with the requirements of the Act on electronic services, the Operator shall establish the following Regulations.
2. Every user shall have access to the Regulations. The Regulations are available under the “Regulations" tab at the Kantor.pl website.
3. The Regulations shall set forth the rights and obligations of the Website Users and the Operator.
4. The Operator shall provide the User with services available on the Website upon the terms and conditions set forth in the Regulations.
5. The Operator shall conclude an agreement with the User on the provision of electronic currency conversion services after correct completion of the Registration. The Registration may be completed only after the User acknowledges and accepts the Regulations.
6. The Regulations shall be a document adopted by the Management Board of the Operator.

 

II. Kantor.pl foreign currency exchange services

§3 Kantor.pl services
1. The Operator shall maintain a currency exchange platform and provides services available on the Website with the highest commercial and security standards.
2. The Operator provides currency exchange services for the Supported Currencies via the Website. Currency exchange is performed using bank accounts kept in the relevant currencies, kept by the Users and the Operator. Any currency exchange instructions shall be placed by the User using the Trading Panel.
3. Currency exchange services provided by the Website shall be accessible for the Users during Kantor.pl business hours and on weekends, evenings and at night as part of the “Here & Now 24 – Immediate Transaction" service. Any amendment of the Business Hours shall not be considered an amendment of these Regulations.

 

§4 Registration
1. In order to register on the Website, the User must correctly fill in the registration form available through a link from the Kantor.pl website, read and accept the Regulations.
2. The extent of the data and steps required to complete the Registration process shall be indicated in the registration form.
3. Provision of correct and accurate personal data or information identifying the legal person as well as the data on account numbers and the account currencies shall be required for the performance of a currency exchange transaction. Lack of possibility to perform a transaction resulting from an error or inaccuracy of provided data as well as failure to update such data shall not constitute a basis for any claims against the Operator.
4. If the User provides incorrect or inaccurate data in the Registration process, the funds received shall be returned to the sender. In such an event, the amount returned shall be charged with a handling fee of PLN 20 and shall be netted with any bank costs arising from the transaction performed. Such costs depend on the Table of Fees and Commissions of the specific bank.
5. The Website shall collect and process User personal data in accordance with the applicable laws and the Privacy Policy provided for in §18.

 

§5 Adding funds
1. In order to perform a currency exchange transaction (purchase or sales), the User must add funds to be exchanged to the Operator’s bank account.
2. The User shall pay the funds to the bank account indicated by the Operator. The Operator, adequately to the transaction type and currency, shall indicate the Operator’s bank account for incoming payments under the “Add Funds" tab in the Trading Panel.
3. The Operator shall indicate the title for the transfer of funds.
4. Indication of the Operator’s bank account for payments incoming from the User shall be performed in consideration of cost and transaction time optimisation.
5. The User who makes foreign currency transfers should make them in the SHA option, i.e. sharing transfer costs between the User and the Operator.
6. In the event the User fails to comply with the requirements set forth in item 5, all the fees paid by the Operator for the acceptance of a foreign currency transfer shall be charged against the User Account.
7. The Operator shall not be held liable for the payments of funds to a bank account other than indicated by the Operator with a transfer title other than indicated by the Operator.
8. Instructions on the performance of transactions, i.e. adding funds to the User Account, shall be provided online on the Kantor.pl Website.

 

§6 Foreign currency exchange
1. Exchange rates at which the User may make a foreign currency exchange transaction at a specific time shall be available in the Trading Panel under the “currency exchange" tab.
2. Currency exchange on the Website shall be possible upon proper definition in the Trading Panel of at least two bank accounts kept by the User.
3. At least one bank account must be denominated in Polish zlotys while the others must be kept in currencies listed as Supported Currencies, i.e. EUR, CHF, USD or GBP.
4. Bank accounts must be held by a bank or a bank branch that has its registered office in the territory of the Republic of Poland.
5. Withdrawal of funds in Polish zlotys or in foreign currencies following the exchange may be performed exclusively to the accounts defined in the Trading Panel.
6. The Operator shall reserve the right to introduce minimum transaction amounts required for currency exchange transactions. An amendment to the minimum transaction value in specific currencies shall not constitute an amendment of the Regulations.
7. The Operator shall accept a currency exchange transaction ordered by the User for execution when the transaction parameters are specified in the “currency exchange" form:
a. transaction direction (buy, sell)
b. currency
c. bank account number for payment
d. amount subject to exchange
and accept by selecting the “Submit" option.
8. Currency exchange shall be settled on the basis of the exchange rate published in the “currency exchange" form in the Trading Panel at the time the User accepts the transaction.

 

§7 Notifications from Kantor.pl
1. In order to ensure swift and secure currency exchange, the Website shall send e-mail messages or text messages to the User’s e-mail address or mobile phone indicated during Registration.
2. Notifications from Kantor.pl in the form of e-mail messages regarding the transaction process, including a one-time code for transaction authentication on the Website are sent to the User in the following circumstances:
a. upon approval and completion of Registration,
b. after funds are posted on the User Account (after the Operator’s bank account is credited with a transfer of funds for exchange from the User),
c. after the Operator makes a transfer of the exchanged funds (after the Operator’s bank account is debited with a transfer of the exchanged funds to the User).
3. Notifications from Kantor.pl in the form of e-mails or text messages shall be sent to the User in the following circumstances:
a. when defining bank accounts in the Trading Panel,
b. when changing the password in the Trading Panel or the Password Reset form,
c. when changing User data in the Trading Panel.

 

§8 Security of the Kantor.pl website
1. The Operator shall not send the access password to the Trading Panel in a text message or to the User’s e-mail address.
2. The Operator shall not send any requests to provide any data, or the access password in particular, in a text message or to the User’s e-mail address.
3. During Registration and from the moment the User logs in to the trading platform, any data sent between the trading page of the Website at https://panel.kantor.pl/ and the User shall use secure data transmission encrypted with a 256-bit key.
4. In order to authenticate certain operations on the Website, the Operator shall use a one-time code sent as an e-mail message or a text message and the access password.
5. Kantor.pl has a True BusinessID with EV (Extended Validation) certificate, which ensures the highest level of protection and security, issued for: https://panel.kantor.pl, i.e. the trading part of the Website.

 

§9 Transaction settlement time
1. Currency exchange transaction execution time shall be calculated from the moment the Operator’s bank accounts are credited with funds transferred by the User. In the event that funds are received on a business day after Business Hours, the time of receipt shall be the beginning of the Business Hours on the following business day.
2. Currency exchange transaction execution times shall depend on the bank in which the User has their bank account that shall be credited following the currency exchange transaction. The estimated time of transaction execution depends on the type of transaction, and participation of specific banks in the transaction shall be provided on Kantor.pl website pages.
3. The Operator shall not be liable for delays outside its control, and in particular by delays in the execution of bank transfers, failures of telecommunications connections, reasons attributable to the bank, the User, etc.

 

§10 Accounting documents
1. After the execution of every transaction, the Operator shall issue a sales receipt to the User in the form of a receipt or invoice.
2. Documentation of currency exchange and other transaction costs (e.g. bank costs) shall be available in an electronic form in the Trading Panel.
3. The User may refuse to agree to accounting documents to be issued in electronic form. In such a situation, the User shall be obliged to submit a relevant statement in writing and send it to the Operator’s registered address. The User shall bear lump sum costs or mail delivery at PLN 10 for the issuance and delivery of every accounting document in hard copy. The fee shall be payable upon receipt of cash on delivery.

 

§11 User data
1. Using the Trading Panel, the User may verify and change their personal data and change the password to the Trading Panel provided during Registration.
2. The User may change their address and phone number.
3. The User may not change their identifying data.

 

§12 Fees
1. The Operator shall not charge one-off or subscription fees for the creation and use of the User Account.
2. The Operator shall charge fees to the User in the event that bank costs occur for the crediting or debiting of the Operator’s bank account. The User shall be notified every time they make an operation of adding or withdrawal of money with the amount of costs that shall be charged by the Operator.
3. The User shall make a foreign currency transfer from its account to the Operator’s account in the SHA option, i.e. where transfer costs are shared: the User bears the costs of the originator bank and the Operator bears the cost of the receiving bank.
4. The Operator shall make a foreign currency transfer to the User’s account with the SHA option. The costs of the foreign currency transfer on the Operator’s side shall be charged to the User. The amount of the cost shall be indicated during the currency exchange operation.
5. In the case of a bank fee for the receipt of a transfer by the Operator without compliance with item 3 or as referred to in §15(4), the costs of such operations shall be fully paid for by the User. If there are insufficient funds on the User Account to pay for such costs, the Operator shall request the User to reimburse the costs incurred and the User shall reimburse such costs to the Operator within three business days.

 

§13 Kantor.pl operation manuals
Instructions regarding the performance of transactions, i.e. adding funds to the User Account, making currency exchange transactions, transfer of funds, modification of data and passwords as well as other actions on the Website shall be posted on the pages of the Kantor.pl online exchange platform in the “first steps“ section.

 

§14 Technical requirements
The technical requirements necessary for operating the Website shall be as follows:
a. a computer or other device equipped with an operating system with access to the Internet,
b. an Internet browser supporting SSL encrypted connections,
c. an e-mail account as well as an application for operating the e-mail account,
d. a mobile phone,
e. an application for reading PDF files.


III. Limitations, reservations, incorrect transactions

§15 Limitations of currency exchange transactions arising from provisions in Polish and EU law
1. The Operator shall reserve the right to suspend or refuse to perform a transaction without the need to justify if this arises from the provisions of the Act on money laundering or violation of other laws. In such an event, the User shall have no right to claims on that account.
2. The Operator, in relation to anti-money laundering procedures implemented may require that the User provide additional clarifications, information or data identifying the User, subject to circumstances referred to in item 1.
3. If the User is not a party to the transaction, i.e. if the User is not the owner of the bank account defined in the Trading Panel to which the exchanged funds shall be transferred, then the Website User shall be obliged to tick the field “Third persons are party to the transaction" when defining the account and provide correct data of such a person or entity.
4. When a party other than the User takes part in a currency exchange transaction and correct data of such party are not provided, the provisions of §12(5) shall apply.

 

§16 Reservations
1. In the event that the User acts in breach of the Regulations or acts in any manner to the tort of the Operator or the Website, the Operator shall have the right to suspend, block or remove the User Account.
2. In the case the User loses or discloses the password to a third party, the Operator shall not be liable for any losses arising thereof.
3. The Operator shall have the right to refuse or withdraw from the transaction in the following cases attributable to the User:
a. The User provided inaccurate data during the Registration,
b. The User added a bank account number to its User Account that is not owned by it and failed to indicate that a third party is the owner of such accounts,
c. The User failed to update the data required for proper performance of the transaction,
d. The User acts wilfully to the tort of the Operator.
4. The Operator shall have the right to refuse or withdraw from the transaction in the following cases not attributable to the User:
a. if there is a justified suspicion that a factor that affects the recent exchange rate or other important facts influencing the transaction was introduced or changed in the transaction process without the knowledge and consent of the Operator,
b. arising from a force majeure event, which is unforeseeable and unavoidable by the Operator,
c. as a result of failure of electronic banking systems, which mediate in transaction execution,
d. as a result of failure of IT systems with entities that provide hosting or currency listing services for the Operator,
e. in a situation which prevents automated data processing arising from unauthorised events of alteration, damage, destruction or deletion of the Website’s IT resources.
5. The Operator shall not be liable for non-performance or improper performance of the obligations arising under these Regulations if caused by a force majeure event beyond the control of the Operator in spite of maintaining due diligence. In the case of a force majeure event, the performance of the services shall be suspended until the force majeure circumstances and their consequences cease to exist.
6. The Operator shall not be liable for any losses incurred by the User as a result of errors made by the User, including in particular:
a. sending funds to an account different than indicated by the Operator,
b. sending funds to the Operator’s account with a transfer title other than indicated by the Operator,
c. entry of an incorrect bank account number for the transfer of funds from the Operator,
d. entry of an incorrect currency in which the recipient account is denominated for the transfer of funds from the Operator,
e. actions performed on the User Account by unauthorised persons in the event such a situation was attributable to the User.

 

§17 Incorrect transaction
1. If as a result of human error or technical factors the User performed a currency exchange operation on the basis of inaccurate data significantly different than the actual exchange rates, then such a transaction shall be cancelled and the funds arising from the performance of such a transaction shall be returned to the Operator at their nominal amount.
2. If as a result of human error or technical factors the Operator transferred an amount different than that resulting from a transaction correctly performed on the Website to the User’s bank account, then:
a. The User shall be obliged to return the surplus funds from the incorrect transaction to the Operator by the following business day from the day the Operator sends the request to return the surplus funds to the User’s e-mail address,
b. The Operator shall be obliged to pay the missing funds from the incorrect transaction to the User until the following business day from the day the User sends a complaint with a request to pay. The User shall submit their complaint using the contact form in the Trading Panel, stating their reservations.

 


IV. Privacy Policy and ownership rights

§18 User Privacy Policy
1. The personal data obtained using the Website in relation to the services provided with the Website shall be processed in accordance with the Act on personal data protection.
2. In order to ensure proper and lawful protection of the personal data of Users, the Operator has established a personal data file registered with GIODO, in accordance with the guidelines of the Inspector General for Personal Data Protection (GIODO).
3. The personal data controller in the meaning of the Act on personal data protection shall be the Operator.
4. Acceptance of the Regulations shall also be considered the User’s consent for the processing of their personal data.
5. Provision of personal data and consent to their processing shall be voluntary. Failure to consent to the processing of the data to the extent necessary for User Registration shall exclude the use of the Website.
6. Consent for personal data processing for purposes of sending marketing information by the Operator and its related entities shall be non-mandatory and its lack shall not preclude the use of the Website.
7. The User shall be able to modify or delete their personal data from the personal data file kept by the Operator at any time. Deletion of such data shall automatically result in the User Account being blocked.
8. Data provided by the User shall be used for the following purposes:
a. correct, secure and lawful provision of services provided by the Operator using the Website,
b. performing obligations arising from the provisions of the Act on money laundering,
c. accounting purposes,
d. informing Users of services offered by the Operator,
e. necessary communication between the User and the Operator.
9. The Operator shall not make the User’s personal data available or provide them to other Users, or to any persons or business entities without the User’s consent.
10. Identification of the IP address on the Trading Panel shall be used solely to ensure User security and shall not be used for any statistical purposes.
11. For the processing of personal data to the extent not provided for in these Regulations, the provisions of the Act on personal data protection together with its secondary legislation shall apply.
12. The use of the Website shall mean acceptance of the Privacy Policy.

 

§19 Intellectual property rights
1. The use of the materials provided in the portal shall be allowed solely to the extent of fair use in the meaning of copyright laws. Removal of materials obtained from the Website pages of any information on intellectual property rights or other information related to the restricted character of such materials shall constitute a breach of the law. Without being authorised to do so in writing by the Operator, the User may not distribute, send, modify, publish elsewhere or use the content of the Website pages for public or commercial purposes.
2. The content of the Website pages is the property of the Operator. The logo and the names presented on the Website pages are trademarks or works owned by the Operator. All trademarks and materials that can be displayed or read on the Website pages are protected by the law and may not be used without prior written consent of the Operator. Any economic and moral copyrights in the Website and in any of its elements shall be reserved.

 


V. Final provisions

§20 Complaints
1. The User shall have the right to submit a complaint if – in the User’s opinion, the Website services are performed in breach of these Regulations.
2. The complaint shall be submitted immediately after the occurrence of the circumstances constituting the reason for complaint.
3. The User shall submit their complaints using the contact form available in the Trading Panel.
4. The Operator shall review the complaint within 14 days from its receipt. The response shall be sent to the User using the contact form accessible from the Trading Panel.

 

§21 Agreement termination terms and conditions
1. The User may discontinue the services provided by the Operator at any time.
2. The User shall submit their notice on the termination of services provided by the Operator using the contact form in the Trading Panel.
3. The Operator shall delete the User Account along with all the data identifying the User.
4. The User may not terminate the agreement when there are unsettled transactions and financial operations between the User and the Operator.

 

§22 Amendments to Regulations
1. These Regulations may be amended by the Operator’s Management Board.
2. Any amendments to the Regulations shall come into force within 7 days from the date of their publication on Kantor.pl. The User shall be notified of amendments with a message on the Website homepage and a message available in the Trading Panel.
3. Logging into the Trading Panel and failure to notify non-acceptance of these Regulations shall mean acceptance of amendments to the Regulations.
4. Non-acceptance of the Regulations shall be performed by the User by a notice using the contact form in the Trading Panel. Non-acceptance of the Regulations shall preclude the use of the User Account, subject to the provisions of §21(4).
5. In matters not provided for in these Regulations, the provisions of the Polish law shall apply, including in particular the provisions of the Foreign Exchange Law.
6. These Regulations shall enter into force on 01/01/2014.

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