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Current terms of use in force from January 29, The BitBay data communication system includes a group of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks, using the end device appropriate for a given type of network. The provision of services by electronic means by BitBay consists in providing the possibility of associating the Users via the Website to make them enter into transactions for the purchase or sale of cryptocurrencies available on the Website hereinafter referred to as: BitBay does not conduct any exchange rate games on the Website - BitBay is not a market maker.
The rates of individual cryptocurrencies on the Website result from transactions concluded by the Users without BitBay's interference. The Service is provided for: The Service is provided for a fee. The Account Registration on the Website is tantamount to acceptance of these Regulations.
By accepting these Regulations, the User declares that: Mozilla, Opera, Chrome and allowing in the browser the use of Java Script and Cookies services shall be required for the correct use of the Website. BitBay hereby notifies that using an outdated Internet browser may cause the Website to work improperly.
The User shall be solely responsible for ensuring technical compatibility between the computer hardware or end device used thereby and the data communication system, and the Website. BitBay shall notify the User about updating the Website in the event of changes related to technological changes of the Service provided, via email to the address stored on the Website or by placing information in a visible place on the Website.
The change of technical requirements shall not be treated as an amendment to the Regulations, unless it results in the inability of BitBay to provide the Service to the User.
BitBay reserves the right to suspend or terminate the provision of individual Website functionalities due to the need of maintenance, review or extension of the technical database, if it is required for the stability of the Website. BitBay shall use its best efforts to notify in advance the User in this respect by providing the date and time of the technical breaks. The use of the Services shall be done by logging in to the Website through the bitbay.
Using the Website with the use of external applications, overlays or plug-ins shall be done at the sole risk of the User, for which BitBay shall not be responsible. The Website uses software technology in the available client-server architecture. The client of a given cryptocurrency is an open source multi-platform application that communicates with a given network via the Internet.
The Website shall not be responsible for incorrect operation of the given cryptocurrency client. The moment of showing the transaction in the User's account balance is the moment of concluding a cryptocurrency sale agreement between the Users. Each price indicated in the offer to buy or sell a cryptocurrency is a price derived from the User, and the decision to introduce the offer for concluding a transaction to the Website is only a manifestation of the will of the Website User.
The Website does not guarantee and have never guaranteed a profit on changing the exchange rate difference of the cryptocurrencies. BitBay does not guarantee that the list of offers to buy or sell the cryptocurrencies orderbook displayed in the User's web browser reflects its real items and values at all times.
The displayed current rate or the value of offers to buy or sell are influenced, among others, by the browser performance, as well as Internet speed and stability.
It is necessary to add to the account an amount of at least PLN 5 or its equivalent in another currency, in order to purchase the Cryptocurrency via the Website. The condition of correct adding of the funds to the User's Account by a bank transfer is a correct provision of the transfer title for each of the FIAT currencies. In the event of failure to comply with the above, the funds shall be returned at the cost and risk of the User into the bank account from which the funds were transferred to the Account.
In the case of adding funds to the Account using a method other than the one described in the above paragraph, or in the case of a bank transfer made from a bank account not belonging to the User, the funds shall be returned within 30 days returned, at the sender's risk, into the bank account from which they were initially transferred, or if the sender cannot be identified, into the account of Poczta Polska S.
The amount corresponding to the costs of performing the transfer by the bank of BitBay shall be deducted from the returned amounts. The funds in FIAT currencies, paid by the User for any future transactions shall remain at the sole disposal of the User there is no possibility that BitBay disposes of funds collected beyond the orders submitted by the User.
All transfers shall require entering the name and surname, account number and address of the account holder as well as the transfer title, and the SWIFT number in the case of international transfers. Failure to meet the above requirement may result in the failure of a given transfer execution. The value of a single transaction ASK and BID should not be lower than PLN 5 or the equivalent of that amount in a given currency or cryptocurrency on the transaction date.
Transactions with a lower value may not be realized. The fee for the Service provided using the Website shall be automatically charged on the User's account at the time of registration of the given transaction. The cryptocurrency is not a financial instrument or an electronic payment instrument within the meaning of the generally applicable provisions of law. The Website does not conduct activities subject to the provisions of the Act on Trading in Financial Instruments Act of 29 July , Journal of Laws of , item , as amended.
In the case of such attempts to add funds to the User's account, the funds shall be within 30 days returned into the account from which they were credited, or if it cannot be identified, into the account of the operator via which they were transferred.
The User shall be obliged to refrain from performing any unlawful actions within the use of the Service, in particular: BitBay may permanently or temporarily cease providing the Service to the User in the event of a violation or a reasonable suspicion of a material violation temporarily until the settlement or a material violation of the law, Regulations, BitBay or third parties rights, good customs, commonly accepted principles of using the Internet.
The permanent cessation of the Service provision may result in the removal of all data from the BitBay data communication system introduced by the User, unless: The temporary cessation of the Service provision shall result in restricting the User in using the Service. In the case referred to in the above paragraph, BitBay shall immediately notify the User about its intention to prevent block the access to data.
The notification shall be sent to the email address or telephone number of the User indicated and confirmed upon registration or - to any changed and confirmed email address or telephone number, in the case of a change made by the User after the registration date. BitBay shall have the right to use open sources available on the Internet or to analyze metadata, in order to correctly verify the User and conduct the analysis aimed at counteracting fraud.
Journal of Laws of , item , as amended. Pursuant to the provisions of the Act referred to in paragraph 12, BitBay keeps a registration of transactions with a value of EUR 15, In the case when BitBay receives from any government authority of the Republic of Poland European Union or any other authority established on the basis of an international agreement to which the Republic of Poland is a party of any decision resulting in the obligation to retain or transfer to a depository account of the above-mentioned institution the funds or the cryptocurrency of the User, the User's Account shall be suspended, and the funds accumulated on it shall be transferred into the aforementioned account or their withdrawal shall be blocked until a new decision of the Court that finally settles the issue of the blocked funds is issued.
The same consequences shall result from blocking the bank account on which BitBay funds are deposited under any decision of the above-mentioned authority. BitBay shall have the right to make available to the authorities described above the User's data held at the express request of the relevant authorities and after the presentation of the required documents. An email address, a unique Account name, as well as, the User PIN must be provided for the registration.
The User is assigned an individual designation Account after the registration, for use of the Service. Each User may have one Account on the Website. It is necessary to identify the User in order to obtain full functionality of the Account, by mans of: In the case of the User who is a foreigner without PESEL personal identity number , an equivalent of this number or a statement about not having PESEL personal identity number must be provided in the case of an institutional User: In the case of the person representing the User who is a foreigner without PESEL personal identity number , an equivalent of this number or a statement about not having PESEL personal identity number must be provided.
The file cannot contain any names of digital processing e. Confirmation of the address of the User or the person representing the User may occur on the basis of a photo in. The Service is implemented through the Website located under the following domain: The Service Provision Agreement shall be terminated:. BitBay shall be liable to the User for non-performance or improper performance of the Service to the extent resulting from the Regulations, unless the non-performance or improper performance of the Service is a consequence of circumstances for which it is not liable under the law.
BitBay shall not be responsible for the consequences of non-performance or improper performance of the obligations undertaken by other Users towards the User. BitBay shall not be responsible for: The Regulations shall apply taking into account the rights of the User arising from consumer laws.
The works, markings and trademarks provided within and for the purpose of providing the Service shall enjoy the protection provided by law. The User shall be entitled to use the works under the permitted private use provided for by law. The use beyond the permitted private use shall require the prior consent of the authorized entity. The complaint may be submitted: The complaints shall be considered in the order of their receipt, but not later than within 14 fourteen days.
If the complaint does not contain information necessary for its consideration, BitBay shall ask the User to supplement it to the necessary extent, and the period of 14 fourteen days shall run from the date of delivery of the completed complaint.
In justified cases, BitBay may extend the complaint consideration period by additional 14 fourteen days, about which the person submitting the complaint shall be informed. The person submitting the complaint shall be informed about the method of considering the complaint in the form in which it was submitted. The User shall have the right to appeal against the decision taken by BitBay within the complaint procedure.
BitBay shall have the right to block the User's Account until the doubts are clarified e. Acceptance of these Regulations is tantamount to consent of the User to the possible subsequent verification of the User by BitBay referred to in paragraph 2. In case where the doubts as to the origin of funds or cryptocurrencies being the subject-matter of the transaction do not disappear, re-verification of the User does not lead to the identification of the User, or there is still a doubt that the declaration of will made by the User within the transaction is fraught with a defect, BitBay shall refuse conducting the transaction.
If in the case referred to in paragraph 1, BitBay has accepted any funds or cryptocurrencies, BitBay may block the execution of the transaction by depositing the funds or the cryptocurrencies in the blocked User Account, in a BitBay deposit account or in a court deposit until the final decision on who owns them by the competent law enforcement and justice authorities. Upon a justified request of a bank or other financial institution, if they suspect a possibility of commitment of a crime, BitBay may block the transaction execution by depositing the funds or the cryptocurrencies in the blocked User Account, in a BitBay deposit account or in a court deposit until the final decision on who owns them.
In the event that BitBay determines, without any doubts, who is the owner of the funds or the cryptocurrency, it shall independently order the return of them to the owner.
BitBay shall immediately notify the parties to the transaction of any suspension or blocking of the transaction. Any subsequent execution of the transaction after its previous suspension or blocking of the Account, or return of funds after the transaction suspension or blocking in connection with actions resulting from violation of the Regulations by the User or actions of BitBay performed based on the provisions of the Regulations e.
In this case, in addition to the procedure described in paragraph 2, the verification of the User may consist in particular in demanding from the User the data enabling full verification of third parties for whom transactions are conducted in accordance with the provisions of paragraph 2 of this Clause and demonstrating the authorization to conduct transactions for those third parties.
In the case referred to in the above paragraph, the provisions of this Clause shall apply mutatis mutandis. If the transaction us suspended or blocked, BitBay shall immediately notify the parties of the transaction about this fact. The law applicable to the agreement between the User and BitBay, the subject-matter of which are the services provided by BitBay within the Website, under the terms specified in the Regulations, shall be the Polish law. All and any disputes related to the services provided by BitBay shall be resolved by competent Polish courts of law.
The User who is a consumer has the opportunity to use the out-of-court method of dealing with complaints and pursuing claims before the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection in Katowice. The information on how to access the abovementioned dispute resolution procedures is available at the following address: This terms of use are valid from 29th of January To see archival terms of use, click here.
Admission Current terms of use in force from January 29, The Service Provision Agreement shall be terminated: A prerequisite for terminating the Service Provision Agreement is the User's 0 zero balances on each of the User's portfolios available on the Website.
Termination of the Service Provision Agreement shall result in the account deletion understood as blocking the ability to log in to the User's Account. In this case, the data provided by the User shall be removed from the Website, unless the law provides otherwise.
After the termination of the Service Provision Agreement BitBay shall be obliged to store the User's billing data pursuant to Article 74 paragraph 2 of the Accounting Act Journal of Laws of , item , as amended for a period of 5 years counted from the end of the calendar year in which the termination of the above-mentioned agreement occurred.
The deadlines for the amendments implementation may not be shorter than 7 days from the time when the Regulations amendment is made available on the Website.