Before you start using AirDance Exchange services, you need to be aware that any activities related to participation units in distributed cryptographic accounting systems (hereinafter referred to as cryptocurrencies) and tokens (identity cards representing certain values), i.e. in particular sale, possession, investing in cryptocurrencies or also tokens carry a risk. The values of cryptocurrencies and tokens can fluctuate significantly and there is a significant risk of economic losses related to the above-mentioned activities. By using any AirDance Exchange services, you declare that you are aware of the risk and all dangers related to any activities on cryptocurrencies, tokens and derivatives, and to the fullest extent permitted by the mandatory provisions in force, release the Operator from liability for using the services offered via the Website.
- 1. The Operator provides the services described in these Terms to:
- a. natural persons with full legal capacity (i.e. persons over 18 years of age with full legal capacity),
- b. other entities with legal capacity under separate provisions, who have accepted the Terms and concluded a contract for the provision of services (hereinafter referred to as the User).
- 2. Anyone who accepts these Terms declares that:
- a. He/she is aware of the risks associated with the purchase, possession or investment in cryptocurrencies and tokens and is aware that one of the elements of this risk is the possibility of losing all funds as a result of sudden changes in cryptocurrency and token rates;
- b. is aware that the basic threat to every Internet user, including people using electronic services, is the possibility of taking control of the User's device or otherwise obtaining data by third parties in order to take over the User's Account on the https://kanga.exchange website, which may result in the theft of the User's funds;
- c. has full legal capacity,
- d. has valid, effective and appropriate authorization to act on behalf of the User and other rights that enable account registration and use of the Operator's services - in the case of persons other than natural persons,
- e. provides only true and complete User's data that is current and applicable,
- f. is not currently located in the USA, is not a resident of the USA and does not act on behalf of an economic entity based in the USA or in another country in which access to the Website or the use of the Operator's services would be illegal
- g. is not on the list of persons and entities indicated on the lists published by the Inspector General on the basis of UN Security Council resolutions, issued pursuant to Chapter VII of the United Nations Charter, concerning threats to international peace and security caused by terrorist acts, in particular on the lists, referred to in paragraph 3 of United Nations Security Council Resolution 2253 (2015) or in paragraph 1 of United Nations Security Council Resolution 1988 (2011),
- h. his/her account has never been suspended or removed from the Website for any reason before.
- 4. The User has the right to use the Website only in accordance with its intended purpose, within the limits of the law and good manners of the information society, with respect for the rights and personal rights of other people. The User undertakes in particular to:
- a. not publish or deliver illegal content, including content that violates personal rights, intellectual property rights of third parties,
- b. refrain from taking actions that may cause disruption, defectiveness or interruption of the operation of the Website,
- c. not to mislead people using the Website and the Operator, e.g. by providing false information,
- d. refrain from acting in bad faith, from abusing the Website's functionality, from using the Website contrary to its intended purpose and contrary to the Terms,
- e. not to use the services directly or indirectly for purposes contrary to the law, Terms, principles of social coexistence or morality.
- 5. The website (excluding logotypes of cryptocurrencies, tokens and other logotypes to which third parties have rights), including in particular all source codes, graphic signs are the intellectual property of the Operator or third parties and their copying, disposition and use without the consent of the Operator or appropriate third parties is prohibited.
- 1. In order to use the services offered by the Operator, you must register an account at https://kanga.exchange, which is free of charge.
- 3. After sending the completed registration form, the person registering the account must confirm the creation of the Account by clicking the link in the email sent by the Operator to the address provided during registration. Then, it is required to provide a secure and unique password to the User's account. At this moment, an agreement is concluded for the provision of the account provision service by electronic means, and the User obtains the possibility to access the account after logging in using the credentials and to make changes to data provided during the Registration. The account sharing service is free of charge.
- 4. The User is obliged to protect his/her passwords to access the account on the Website, as well as to access the e-mail account and other means of communication by means of which he receives messages related to the operation of the Website. The Operator is not responsible for the loss of cryptocurrencies and tokens stored on the Accounts to the fullest extent permitted by mandatory provisions, in particular, the Operator is not responsible for the loss of cryptocurrencies and tokens related to the User's negligence regarding the protection of the data described in this point.
- 5. The User undertakes to immediately update his data provided in the User's account.
- 6. The Operator may refuse to create a User Account for any reason, in particular in the event of suspicion that any of the statements, referred to in §1 sec. 2 of the Terms, are false.
- 1. In order to obtain the full functionality of the User's account, in particular to enable the use of paid services, it may be necessary to identify the User in accordance with the relevant provisions on counteracting money laundering and terrorist financing. The Operator may require the User to identify the User, in particular in the case of:
- a. making a payment for services, including services provided by partners, by bank transfer and then request to transfer the cryptocurrency to an external wallet,
- b. cryptocurrency transfer requests to the account (internal wallet) of an unverified User - verification of the User who requests cryptocurrency transfer to the account (internal wallet) of another User.
- 2. Identification may take place in particular through:
- a. providing name, surname, citizenship, address of residence, country of birth, information on tax residency and political position held, telephone number, date of birth and ID number, number in the census of the relevant country of the User - if the User is a person physical,
- b. in the case of an institutional User, i.e. a legal person or having legal personality or an entity without legal personality: sending a scan of an excerpt from the Commercial Register of the entity for the relevant country, sending the articles of association, data on business activity, providing the identity of the person authorized to represent the User in accordance with with lit. a) above, providing information on all real beneficiaries of the User up to the indication of natural persons.
- 3. For the purpose of verification, notwithstanding sec. 2 above, the User must provide the Operator with a document confirming his identity by sending it in the form of a scan or photo in .jpg or .png format. The scan / photo of the identity document must meet the following conditions: data on the document must be clear, all edges of the document must be visible, none of the data may be obscured. The file cannot contain any signs of a digital processing.
- 4. The Operator may ask the User to send an additional photo of the identity document, made in such a way that the User's face and identity document (so-called selfie) are visible at the same time, or to contact the User by phone or connect with the User via a video communicator (e.g. Skype, Google meet).
- 5. Confirmation of the address of the User or the person representing the User may take place on the basis of a photo in .jpg or .png format, a bill (for electricity, water, gas, etc.), an agreement with a public trust institution, an official letter or a bank statement or confirmation of a transfer from from a financial institution with the User's address data along with the name and surname, as well as the date of preparation (not older than 6 months).
- 6. The operator may at any stage of using the Website by the User, request the re-sending of the information indicated above, as well as may request other than those described in paragraph. 1-5 information in order to fulfill the obligations incumbent on the Operator related to the provisions on counteracting money laundering and terrorist financing.
- 8. The Operator may at any time limit or block the possibility of making payments and / or withdrawals from the Account within the available wallets in the event of not verifying the User's account details and, in particular, if the Operator suspects that the verified data is false or in the event of violation of the law or Terms.
- 1. The Operator uses the Website to provide paid services consisting in the exchange, purchase and sale of cryptocurrencies. The operator does not play at any courses on the Website - he is not a market maker (market maker). The rates of individual cryptocurrencies on the Website result from transactions concluded by Users without the Operator's interference.
- 2. The Operator on the Website may also provide services other than those described in the Terms on the basis of separate regulations for the provision of services.
- 3. The Operator reserves that it does not provide payment services, any financial and investment services, in particular, it does not participate in trading in securities and other financial instruments. The operator may, however, inform on the Website about the possibility of using the services of other entities or partners.
- 4. The moment of showing the transaction in the User's Account balance is the moment of concluding a cryptocurrency or token sale agreement between the Users. The website does not guarantee and has never guaranteed a profit on a change in the exchange rate difference of a cryptocurrency or a token. The website does not guarantee that the list of offers for the purchase or sale of cryptocurrencies or tokens displayed in the User's web browser window reflects the User's real positions and values at all times. The display of the current rate or the value of purchase or sale offers is influenced, among others, by browser performance, as well as internet speed and stability.
- 5. The operator generates individual addresses for each User that allow for making deposits and withdrawals of cryptocurrencies or tokens. The Operator does not store Users' FIAT currencies and does not provide payment services to Users.
- 6. The fee for the provided service related to the use of the Website in connection with the concluded transaction is charged automatically from the User's Account at the time of registration of a given transaction. The amount of fees is specified in the price list. The operator may change the price list at any time, which does not constitute a change to the provisions of these Terms. The operator also indicates that transaction fees are charged in connection with the transfer of cryptocurrencies or tokens. More information on transaction fees: https://en.wikipedia.org/wiki/Bitcoin#Transaction_fees.
- 7. The use of the Website for purposes related to the User's business activity, as well as indicating to third parties cryptocurrency wallets as the User's account used for settlements is prohibited.
- 1. The Operator, to the fullest possible extent permitted by the mandatory provisions of law, excludes and limits the liability for the provision of services under these Terms towards the User, in particular due to any guarantees or warranties. In particular, the Operator is not responsible for delays in displaying the Website on devices used by the User, transaction registration time when charging the wallets of individual Cryptocurrencies or tokens, financial losses incurred by Users resulting from the inability to make transactions via the Website during the technical break; Users' financial losses resulting from exchange rate differences arising during the blocking of a given transaction or User Account made in accordance with the Terms or at the request of state authorities; for technical problems or limitations, including the speed of data transmission of computer equipment, terminal equipment, ICT system and telecommunications infrastructure used by the User and which prevent the User from using the Website; the effects of using the Website by the User in a manner inconsistent with applicable law, the Terms or the principles of social coexistence or customs adopted in this regard;
- 2. The Operator is not responsible for the possible loss of cryptocurrencies or tokens in the event of factors beyond the control of the website owner, such as force majeure, hardware failures, errors found in the cryptocurrency or tokens system, actions or negligence of third parties affecting the operation of the Website.
- 3. The User is obliged to repair any damage resulting from his actions to the detriment of the Website or other Users, or violating the provisions of applicable law. The User indemnifies the Operator from liability and is responsible for the fact that a third party will not demand that the Operator remedy the resulting damages, and undertakes to cover the costs incurred by the Operator in connection with claims related to these damages.
- 1. The Operator on the Website also provides services consisting in providing Users with the possibility (functionality) of the performance of obligations resulting from the concluded agreements for the transfer of receivables from the cryptocurrency account (portfolio) on the Website for securing or other agreements to secure the concluded (or to be concluded) loan agreements, in which the User is the borrower (hereinafter also as: the Borrower), and the other Party - the lender (hereinafter also as: the Lender).
- 2. The Operator is not a party to any agreements referred to in sec. 1 above. The operator only provides functionality on the Website. The Operator does not guarantee in any way the performance of any provisions of the agreements described in paragraph 1 above by any of the parties to these agreements. The Operator is not responsible for the actions and omissions of the User and the Lender resulting from the contracts concluded by them.
- 3. The above-mentioned functionality is available only to Users who have an active, unblocked and verified account on the Website.
- 4. The Operator provides the services described in this section at the express request of the User, which may be expressed, in particular, in any agreement with the Lender, to which the User agrees. The User also agrees to the processing of data and information contained in contracts with other entities by the Operator. At the same time, the User may authorize the Lender to send the Operator the content of any agreements concluded between the User and the Lender together with the Operator's request for the service referred to in paragraph 1.
- 5. Described in par. 1 service, provided at the express request of the User, consists in particular in:
- a. the Operator temporarily blocks the cryptocurrencies (receivables) that are at the disposal of the User on his account (wallet) for a period not exceeding 7 days from the date of receipt of the request referred to in paragraph 4 by transferring them to another account (wallet) assigned to the User, from which it will not be possible to transfer the cryptocurrency to another account or wallet, and it will not be possible to withdraw these funds or dispose of them in any other way, subject to the withdrawal of consent by the User until the moment the Operator receives a notification about the conclusion of a contract for the transfer of receivables from a cryptocurrency account (wallet) on the Website or a notification about the conclusion of another contract,
- b. Securing the claims for the payment of cryptocurrencies on another account (wallet) of the User referred to in point (a) And above, for a period exceeding 7 days, including in particular resulting from a loan agreement, a security transfer agreement or another agreement by preventing the User and other entities from transferring the cryptocurrency from the account (wallet) to another account or wallet, as well as excluding the possibility of withdrawals these funds or otherwise dispose of, subject to the provisions set out below.
- 6. The Operator undertakes, at the request of the User and with his consent, to provide the service described in paragraph. 1 and 5 above in accordance with the content of the agreement for the transfer of receivables from the cryptocurrency account (wallet) on the Website for security, other agreements to secure cryptocurrencies and loan agreements concluded by the User, in particular to enable the transfer of cryptocurrency from the account (wallet) referred to in paragraph 5 lit. B above at the request of the User or another authorized entity (including the Lender) based on the content of the Lender's declaration. The Operator reserves the right to charge an appropriate fee for this service, provided that such a fee is introduced, it will be visible to the User on the Website.
- 7. The Operator is not obliged to check the truthfulness of any statements made by the entities referred to in this paragraph, the User thus declares that all his data and statements that will be included in the content of the agreements referred to in paragraph 1 will be truthful and thus bears all financial and property responsibility for any consequences of false data from the truth.
- 1. Both the Operator and the User have the right to terminate the provisions of these Terms with a 7-day period, and the termination by the User must be preceded by a verification of the personal data provided by the User in the manner indicated by the Operator. During the notice period, the User is obliged to close all positions and transfer all tokens or cryptocurrencies from the User's wallet.
- 2. The Operator may terminate the provisions of these Terms with the User immediately in the event of violation of the provisions of the Terms, in particular if the User is unable to confirm his / her identity in accordance with the provisions of the Terms, false statements referred to in §1 sec. 2 and in the event of suspicion of money laundering. The Operator has the right to block all the User's funds until the circumstances of the violation of the provisions of the Terms are clarified, and in the event of violation of the law, he has the right to block the funds and transfer them in accordance with the applicable law.
- 3. The Operator reserves the right to immediately block part or all of the functions of the User's account (including the possibility of making withdrawals, the possibility of using the Operator's services provided on the basis of these Terms or other regulations) in the event of violation of these Terms or legal provisions. In such a situation, the Operator is not responsible for the inability to buy or sell cryptocurrencies, including the decrease or increase in the value of the blocked cryptocurrencies on the account.
- 4. Changes to the content of these Terms require re-acceptance by the User. The operator will inform the Users about the change in the Terms within 7 days before the new provisions of the Terms enter into force. In the event of non-acceptance of the new Terms by the date of entry into force of its new provisions, the Operator may block the User from using or terminating the provisions of these Terms, canceling all orders submitted by the User and returning cryptocurrencies and tokens accumulated in the User's account, unless the user does not may request their return in the cases specified in the Terms.
- 1. The User may contact the Operator by e-mail to the following e-mail address: firstname.lastname@example.org
- 2. The User has the right to file a complaint if he or she believes that the services provided by the Operator are not in accordance with these Terms.
- 3. The Operator accepts complaints only by e-mail to the following address: email@example.com
- 4. The complaint should be sent from the email address provided by the User on the Website and should contain: the subject and circumstances justifying the complaint and the proposed method of settling the complaint.
- 5. Complaints will be considered in the order of receipt, but not later than within 14 (fourteen) days. If the complaint does not contain the information necessary for its consideration, the Operator will ask the User to supplement it to the extent necessary, and the period of 14 (fourteen) days then runs from the date of delivery of the completed complaint.
- 6. The person submitting the complaint will be informed about the method of considering the complaint by e-mail.
- 1. The law applicable to the contract between the User and the Operator, concluded on the basis of these Terms, is Polish law, except for mandatory provisions.
- 2. Any disputes related to the services provided by the Operator will be settled by competent common courts.
- 3. If any of the provisions of these Terms is invalid or ineffective, the remaining provisions shall be binding between the Parties.
- 4. The Operator may, without the User's consent, transfer the rights and obligations resulting from the regulations to any other entity, for which the User hereby agrees.