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Regulations

Regulations which determine the contents of the legal relation between Moje Waluty Ltd. In Poznań ( the owner of www.walutobox.pl) and the User of WalutoBox


  1. Definitions. Notions used in the contents of the Regulations signify what was allocated to them in Polish, when the notions described below are given the meaning compatible with the definitions below :
    1. Working day (working days) are the days of the week excluding Sundays and Saturdays and holidays. We exclude from the category of working days these days of the week during which, owing to circumstances beyond Portal’s control, Internet does not work properly.
    2. User is a natural legal person, legal person or individual organization that does not have legal entity but has legal capacity, who lives or whose premises are in Poland, registered in www.walutobox.pl and who is ordering (or is going to order) purchase or sale of currencies which are convertible via the portal www.walutobox.pl
    3. Rate of the order is, fixed by the User, exchange rate which is to be used within transactions of purchase or sale of convertible currencies including participation of this user.
    4. Transfer is the transfer of capital (convertible currencies) from the Account which belong to the User into the bank account of the Manager of the Portal or the other way round.
    5. Account is a bank account according to the Civil Code, kept by a bank or a credit institution located in Poland, whose sole owner is the User ( common accounts do not comply with the above criterion) and whose data is consistent with what was declared by the User during logging to the Portal.
    6. Regulations is the binding the Manager of the Portal and the User rule of conduct concluded within the document, created for rendering services on-line by hand of the Portal and fulfilling the requirements of the agreement from 18/07/2002 on rendering services on-line (Dz. U. z 2002r., Nr 144, poz.1 204 ze zm.) or – depending on the context – the document.
    7. WalutoBox or Portal is the on-line portal, administered by The manager of the Portal, which allows Users to purchase and sell convertible currencies.
    8. Convertible Currencies – currencies which are subject to be purchased or sold via The portal, indicated by the Manager of the Portal on the webpage www.walutobox.pl
    9. The Manager of the Portal or ZP is Moje Waluty Ltd. located in Poznań, entered into the Register of Companies by the District Court Poznań-Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register with the number 0000382090, with the initial capital- 15 000zł, the manager of the Portal www.walutobox.pl. In case of unexpected activity taken up by the Manager of the Portal to turn it as a exchange according to the foreign exchange law [the act from 27/07/2002. Exchange regulations (Dz. U. z 2002r., Nr 141 poz. 1178 ze zm.) ] does not mean that each service rendered by the Manager of the Portal will work as exchange activity.
    10. Order is, created by the User, making use of infrastructure of Walutobox and in agreement with the Regulations and Polish law, the offer of purchase or sale of convertible currency, being the statement of will according to the Civil Code and directed to other Users, while it is the User who draws up the offer that specifies its economic parameters including Rate of Order. Ordering by the User is tantamount to concluding the agreement by the User with the Manager of the Portal on using the services rendered by ZP, as described in clause 2.2 in the Regulations
  2. General principles:
    1. Before ordering or using other services rendered by WalutoBox the User is obliged to get acquainted with the Regulations. In case of the situation when the User does not agree with any of the principles of the Regulations, he/she does not order and can inform ZP about possible reservations. The above also concerns other services which are mentioned in the first sentence of this clause.
    2. The Manager of the Portal renders the following services, using infrastructure of Walutobox after signing the agreement with the User via the webpage www.walutobox.pl:
      1. registration or identification of the User;
      2. revealing created orders by the user to other users;
      3. allowing to sign the agreement in case of matching orders of diffent Users, that is currency exchange;
      4. drawing up and issuing, required by law, proofs of purchase or sale of convertible currencies using the infrastructure of the Portal;
      5. settling and keeping accounts connected with Orders
      6. making accessible educational contents connected with currency market and advertising contents connected with the Portal or subjects that co-operate with the Portal.
    3. The main purpose of using the services by the User, as mentioned above, is legal purchasing or selling convertible currencies ( currency exchange).
    4. Principles of rendering services by the Manager of the Portal ,as mentioned above, follow the Regulations. The prerequisite for using the aforementioned services is logging to the Portal by the User and successful verification of the data. Services connected with Orders occur when the Order is already drawn up by the User. The Manager of the Portal does not answer for dishonest data, as mentioned above, by the User.
    5. The prerequisite for rendering services by the Manager of the Portal , as mentioned above, is having, by the user, infrastructure necessary to communicate properly with ZP using telecomputer nets, it especially refers to having working computer equipped with an internet browser which supports coding SLL connection, cookies and JavaScript, and also having a working mobile phone.
    6. When the User loses its mobile phone, as mentioned above in clause 2.5, the User - whose account in the Portal can be locked by ZP -is obliged to inform ZP about it and provide current mobile phone number. To do so the user is obliged to contact, via phone, with The Customer Service Office of ZP in the way that can be verified, and this occurs by providing:
          ● registration date of the User in the Portal,
      lub
          ● mother’s maiden name.
    7. The User commits himself/herself not to use the Portal to run a business which is illegal , especially the one that breaches the foreign exchange law or provision of principles on anti-money laundering. The User is committed not to use the Portal to run the business which breaches the principles of the fair turnover.
    8. Ordering by the User is tantamount to concluding the agreement by the User with the Manager of the Portal on using the services rendered by ZP, described in clauses 2.2.2 – 2.2.6 in the Regulations. Usage of a service other than the described in the previous sentence is tantamount to concluding the agreement by the User with the Manager of the Portal taking into account further provisions. Voiding the agreement/s, mentioned above, occurs when the User deletes his/her account in the Portal.
  3. Conclusion of the agreement on rendering services by the Manager of the Portal:
    1. The prerequisite to conclude the agreement with the Manager of the Portal is the correct registration of the User and his/her proper identification. These processes are initiated by the User.
    2. Starting the registration, the User is obliged to get acquainted with the Regulations, accept all of its provisions, and, next, confirm these facts using the infrastructure of the Portal.
    3. Registration form covers the data necessary to reliable identification and verification of the User. The scope of the aforementioned data follows the principles that regulate the anti-money laundering in Poland.
    4. Data required during the registration of the User are entered by the User him/herself ,who has to observe the principles of confidentiality and safety, into the form which is made accessible by the Portal. It is forbidden to fill in the aforementioned form by the User using the infrastructure which does not guarantee confidentiality and safety, especially in public places (e.g. e-cafes).
    5. The User gives his/her consent that the identification goes in pair with using the e-mail address.
    6. The User is committed to update his/her identification data included in the form which is made accessible by the Portal. In case of situation when the Manager of the Portal claims that the User improperly met the above requirements, it is possible that access to the Portal will be locked, which is tantamount to inability to use the services which are described in clause 2.
    7. The User is obliged to set his/her password which consists of at least 6 characters, including small and capital letters (a-z or A-Z), numbers (0-9) and special characters (?_!@#$). The User is committed to reveal the above-mentioned password neither to other people nor the Manager of the Portal. It is forbidden to send the above-mentioned password via the e-mail.
    8. In case of the necessity to update the data by the User , which are mentioned above in clause 3.6, the update requires its confirmation via providing by the User the password, described in clause 3.7.
    9. The Manager of the Portal can identify or verify the User according to the law, using other available sources.
  4. Rendering the service:
    1. The prerequisite for rendering the service by ZP is correct registration by the user and also providing his/her Accounts ,and next the Transfer of the currency amount, which he/she intends to exchange into other currency, and ordering.
    2. Once the registration is successful, the User can ,but it is not obligatory, transfer the money from his/her Account into the account of ZP. The subject of the transfer is the capital devoted by the User to be exchanged into different currency and to cover costs of such operation. The User is committed not make use of the ZP account to keep the capital which will not be exchanged into other currency or cover the costs of this operation.
    3. After booking the capital which was transferred by the User, the Manager of the Portal confirms this fact via the message which is sent to the User via e-mail. In case of discrepancy of the User’s data or other doubts which are concerned with the Transfer, the Manager can transfer received amount into the account of bank orderer of financial settling.
    4. Formulation of an offer by the User, that is drawing up the Order is accompanied by using real information and infrastructure of the Portal. Order acceptation is tantamount to ordering the Manager of the Portal to match this Order with the converse Order of other User of the Portal in order to exchange. The Manager of the Portal does not guarantee that the exchange will be successful because its realization is dependent on other Users’ acceptation of this offer. Lack of such acceptation causes the Order not to be realized and the exchange of currencies is absent.
    5. The maximum currencies which can be matched as the result of a single Order of the User and maximum daily currencies which can be matched as a result of more than one Order of the same user cannot be higher than the amount of 15.000,00 EUR, converted according to the current average exchange rate of NBP.
    6. The minimal currencies which can be exchanged are as follows: 1 PLN, 1 EUR, 1 USD, 1 GBP, 1 CHF or regarding other currencies which can be exchanged - minimal currency is indicated on the page www.walutobox.pl.
    7. The order cannot be modified or canceled after matching it with converse Order of the other User of the Portal. Before the aforementioned matching of Orders (offers), the User can cancel the Order. In the course of cancelling the Order, but before this process is finished, it is possible to match Orders which prevents accomplishment of the process of cancelling the Order by the user.
    8. The Order of the User can be realized in stages via matching with converse Orders of other Users. The Order can be realized at different rates, but the exchange rate must be higher than the minimal exchange rate accepted by the User to sell his currency ( accordingly maximum exchange rate accepted by the User to purchase the currencies).
    9. Once the Order is fully accomplished, the Manager of the Portal, taking into account clause 4.8, immediately transfers the currency, obtained as the result of exchange, into the account specified by the User. The amount being transferred is reduced by the required costs and fees. It is not necessary for the User to formulate the special order of transferring the given amount into his/her account.
    10. The Manager of the Portal does not transfer the money, as described in clause 4.9, if the amount of capital, being possibly transferred, is lower than the bank fee, as described in clause 5.3.
    11. After the transfer is accomplished, as described in clause 4.2 and the User resigns from the full or partial exchange of the transferred capital , the capital will be transferred by ZP into the given account specified by the User, taking into account that ZP does not transfer the money if the amount of the capital is lower than the bank fee, as described in clause 5.3.
    12. Once the currency exchange is completed, the Manager of the Portal , on User’s request, sends the account on rendering services into the e-mail address of the User ( e-mail which has been provided during the registration).
  5. Manager’s payments and fees:
    1. The User is obliged to pay the Manager of the Portal as a response to the rendered service, as described in clause 2. Payment occurs via deducting ,by ZP, (before transferring into the User’s account)the fee from the currency obtained from the exchange ,as described in clause 5.2.
    2. Fee for rendering services in favour of the User, and especially for matching the Order equals 0.29% of the overall amount that the User received after the exchange (Order matching). In case of cancelling the Order after its partial matching , the fee is charged from the received amount as the result of the partial matching. The fee, as described above, cannot be lower than 0,01 PLN (1 grosz), 0,01 EUR (1 eurocent), 0,01 USD (1 cent), 0,01 GBP (1 pence) and 0,01 CHF (1 centym). Fee is rounded up to 0,01 of currency unit.
    3. The Manager of the Portal, in the mode for payments, as described in clause 5.2 charges also bank fees connected with the transferring of capital into the account specified by the User, if it is in the bank in which ZP does not have an account, it is 2,00 PLN if it's PLN transfer. The amount of charged fee equals 0,25% of the transferred amount, but not less than 3,00zł of EUR transfers and 7,00zł other curriencies (CHF, USD, GBP) . In case of not charging such fees by the bank in which the User has the Account, the amount of the Transfer is not reduced. The payment described in this clause is the cost paid by the Manager of the Portal as the User’s replacement, because of the need to pay these fees by the User.
    4. Bank fees, as described in clause 5.3 can be charged by the Manager of the Portal from each Transfer or monthly.
    5. During special offers, which are organized by the Portal, the fee for rendering the service ,as described in clause 5.2, is not charged or is charged partially.
  6. Liability rules:
    1. The Manager of the Portal renders services in favour of the User observing rules of professionalism and answers for any caused harm which occurs to the User.
    2. The Manager of the Portal, toward the user (or other people), does not answer for failure to realize or improper realization of duty, which is the result of the authority according to the Polish law and the result of the behaviour of others.
    3. The User has the right to formulate questions directed to the Manager of the Portal using e-mail box and the address: bok@walutobox.com
    4. Remarks and reservation of the User can be sent to the e-mail address ,as described in the previous clause, or into the business address: Moje Waluty Sp. z o.o. ul. Botaniczna 24/3, 60-586 Poznań
    5. The Manager of the Portal does not answer for behaviours of the User or other people to whom the password has been given.
  7. Personal data.
    1. Once the registration form has been filled in , the User’s data are placed in the personal database of the Manager of the Portal who is their administrator according to the principles of the act from 29/08/1997 on the personal data security (i.e. jedn. Dz.U. z 2002 r., nr 101, poz. 926 ze zm.). The data is processed in order to realize the services rendered on the basis of the Regulations. Providing personal data is voluntary.
    2. The administrator, as described in clause 7.1, does not allow others to process the data.
    3. The User has the right to have access to his/her personal data and the right to correct or delete them.
    4. In case when the personal data, provided during the registration form by the Iser, is not up-to-date, the User is obliged to update it immediately. In case when the update of the personal data of the User is not done or in case when the data is modified, the Manager of the Portal can– according to the clause 3.6 of the Regulations – suspend rending services to the User until the data is updated.
    5. To process personal data, within unregulated scope in the Regulations, law principles come into force , including the principles of the act from 29/08/1997 on personal data security (t. jedn. Dz.U. z 2002 r., nr 101, poz. 926 ze zm.) and act from 18/07/2002 on rendering services on-line (Dz.U. nr 144, poz. 1204 ze zm.)
  8. Voiding agreements on rendering services on-line
    1. The user can at any time resign from the services rendered on the basis of the Regulations without being forced to pay any additional fees, except for possible bank fees for the return transfers.
    2. Voiding agreement/s concluded by the User and the Manager of the Portal on using the services rendered by ZP, as described in the Regulations, occurs when the User deletes his/her account in the Portal.
    3. Voiding of agreement/s does not influence the liabilities of Users which are the consequence of the orders realized fully or the consequence of this part of the Order which was realized until the dissolution.
    4. Exchanged currencies and the capital transferred by the User into the ZP’s account , according to clause 4.2, will be given back to the User within 5 working days counting from the day of dissolution of the agreement/s.
  9. Modification of Regulations and actions against the Regulation
    1. All modifications of the Regulations come into life within 7 days from the date of their placing on the webpage WalutoBox or sending to users information via e-mail.
    2. Once the information about modifications of Regulations is placed on the webpage WalutoBox or once the information is sent to the User, the logging to WalutoBox by the User is recognized as tantamount to acceptation of the modification of the Regulations.
    3. In the situation when the Manager of the Portal claims that the user breaks the law , and especially foreign exchange law or principles on anti-money laundering, actions which are against the principles of WalutoBox and breaching rules of fair turnover, especially consisting in wheedling information from other Users, entering untrue personal data , not observing duties which derive from the concluded agreements, acting which breaches personal interests of ZP or other Users and other actions which can do harm to other Users or the Manager of the Portal, The manager has The right to lock the access to the User’s account and return the capital which has been transferred by the User.
    4. All steps taken by the User which aim to promote his/her services in WalutoBox ,especially via posting links on his/her own services or comments which encourage to using his/her services, are against the Regulations and in case of their existence the Manager of the Portal has the right to delete them from forums.

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