Terms and Conditions of Electronic Services (Virtual Currency Purchase Agreement)

§1 Subject Matter of the Terms and Conditions / Agreement

The Terms and Conditions define the terms under which the service of purchase and transfer to the Client of virtual currency units via the access device (ATM) is provided and performed, as well as the rules for complaints and security and verification of Clients and transactions, as well as provisions regarding the protection of the Client’s personal data.

§2 Permits and Licenses

The Service Provider declares that he has a national license No. FVR000404 and FRK000328 authorising him to exchange the Cryptocurrency for Fiat currencies and to maintain the virtual portfolio of Cryptocurrencies.

§3 Definitions

    1. ATM – a device accepting cash and making it possible to conclude an agreement for the purchase and transfer of virtual currency units selected by the Client.

    2. ATM Administrator – owner of the device, Coders House sp. z o.o. with its registered office in Warsaw, who is not a party to this agreement, but provides services consisting in providing the client with the functionality of the device in order to conclude this agreement (terminal).

    3. Price – the amount specifying the value of one virtual currency unit determined according to the index of the cryptocurrency exchange www.coindeal.com as at the service delivery day. The price includes a commission at the level indicated herein.

    4. Available virtual currency – a cryptocurrency available for purchase at the ATM. As at the day of drawing up these terms and conditions, it is Futurocoin (FTO) and Bitcoin (BTC)

    5. eWallet– a digital set of identification data provided by the Client, necessary to carry out the transaction, ensuring the possibility of using the units of virtual currencies by authorized persons,

    6. Client – a natural person who is over 18 years of age, a legal person (i.e. an organizational unit who is granted legal personality by the law of the country the User comes from) or an organizational unit without legal personality, who is granted legal capacity by the law of the country it comes from (right to be a subject of rights and obligations) running a business or professional activity on its own behalf and at its own risk in accordance with the law of the country of residence.

    7. KYC – (know-your-client) procedure for verifying the identity of the Client being a party to the electronic services agreement.

    8. Limit – maximum amount of cash payment set by the Service Provider for individual cryptocurrency purchase transaction made by one client. As at the day of issue hereof, the limit is set at 1,000 Euro or the equivalent in another available Fiat currency according to the exchange rate at Coindeal.com

    9. Payment – placing cash in the Fiat currency chosen by the Client, intended for the purchase of a virtual currency from the Service Provider,

    10. Service – an indication of the exchange rate of the Fiat currency into the available virtual currency and acceptance of the Client’s declaration of will regarding the consent to purchase a virtual currency according to the indicated value (exchange rate) and transfer of virtual currency from the eWallet of the Service Provider to the eWallet indicated by the Client,

    11. Service Provider – is FuturoCoin OÜ, address: Harju maakond, Tallinn, Lasnamäe linnaosa, Löötsa tn 5, 11415, Estonia registered under the number 14540332, with a share capital of EUR 2,500,

    12. Fiat Currency – legal tender, for which one can purchase the Virtual Currency offered at the ATM.

    13. Virtual Currency – it means a digital representation of value that is not: a) a legal tender, b) an international currency unit established by an international organization and accepted by particular countries belonging to or cooperating with this organization, c) electronic money within the meaning of other regulations, d) a financial instrument, e) a bill of exchange or a check – and is exchangeable in business trading into legal tender and accepted as a medium of exchange, and may also be electronically stored or transferred or may be subject to electronic commerce;

§4 Conclusion of the Agreement

    1. To start a Transaction, the Client must choose the language in which he will use the Service. The Client chooses the language by selecting the flag symbolizing the country in which the official language is English, Polish or Chinese on the ATM screen.

    2. The use of ATM and further continuation of the procedure is tantamount to acceptance of the terms and conditions. The content of the terms and conditions is available at the ATM and at www.futurocoin.com/atm/regulations.

    3. Then, on the ATM screen, the Client chooses the Cryptocurrency he wants to purchase: FuturoCoin or BitCoin.

    4. Next, the Client selects the “BUY” option on the ATM screen, and if at this moment he wants to cancel the Transaction, he chooses the option “BACK”.

    5. Next, the Client selects the Fiat Currency for which he intends to purchase the Cryptocurrency. The Transaction can be made in the following Fiat Currencies: euro (EUR), zloty (PLN) or US dollar (USD). The choice of the Fiat Currency to be paid to the ATM is made by selecting the appropriate three-letter abbreviation symbolizing the name of the given currency on the ATM screen.

    6. By means of a camera placed on the front of the ATM, the Client scans the QR code generated by the eWallet to which the Cryptocurrency is to be transferred. Then, information on the entered eWallet address appears on the ATM screen.

    7. Once the correctness of the entered eWallet address is verified, chosen by the Client amount of banknotes of the previously chosen Fiat Currency can be placed in the deposit slot.

    8. ATM converts the paid amount of Fiat Currency into the virtual currency selected by the Client at the exchange rate downloaded from the information contained on www.Coindeal.com website at the time of making the Transaction. The amount of Fiat Currency paid in, the amount of the Cryptocurrency purchased is visible on the ATM screen above the eWallet address entered using the QR Code.

    9. In order to finalize the Transaction, the Client selects “BUY” button on the ATM screen. The Client has the option to cancel the agreement at any time by pressing the “CANCEL” button

    10. After accepting the terms indicated on the ATM screen, the client receives a printout confirming the transaction and transfer of the selected number of virtual currency units.

§5 Transaction Limits

  1. The Service Provider declares that the subject of the agreement may not be the equivalent of a virtual currency exceeding EUR 1,000 or the equivalent in PLN or USD according to the exchange rate quoted on the www.Coindeal.com exchange at the time of the Transaction.

  2. The Service Provider also limits the possibility of making a day transaction on one eWallet up to the above daily limit. Transactions aimed at exceeding the limits indicated above are prohibited and will be rejected.

§6 Personal Data Protection.

All provisions regarding the protection of personal data can be found in the privacy policy at https://atm.futurocoin.com/privacy/

§7 Complaint Procedure

    1. The Client has the right to submit a Complaint if the Service provided for herein is not carried out or is not carried out in accordance with the provisions hereof.

    2. Complaints should be submitted to the e-mail address of the Service Provider (support@futurocoin.com) or by telephone at +48 884 203 376.

    3. By submitting a Complaint, the Client is obliged to provide the Service Provider with the following information: date and time of making the Transaction, the Transaction amount and e-mail address to which the Cryptocurrencies were to be sent.

    4. After submitting the Complaint by phone, the Client is obliged to send a Complaint submission confirmation to the address support@futurocoin.com . The above confirmation should contain the following information: date and time of making the Transaction, the Transaction amount and eWallet address to which the Cryptocurrencies were to be sent.

    5. Upon receipt of the Complaint, the Service Provider shall determine the status of the Transaction and the status of the error.

    6. Correctly submitted Complaint shall be processed within 48 hours from the confirmation of its receipt for processing by the Service Provider.

    7. The Service Provider reserves the right not to reply to the Complaint that is clearly unfounded, in particular to the extent that the Complaint has already been considered in relation to the given matter.

    8. This deadline indicated in §6(6) may be extended if processing the complaint requires special messages or other difficulties independent of the Service Provider are encountered, or if it is necessary to obtain additional information from the Client. The time of providing additional information by the Client each time extends the time of processing the Complaint.

§8 Transaction Fee.

For providing the Service, the Service Provider charges a fee of 3% of the value of the Transaction specified in the Fiat Currency.

§9 Final Provisions

  1. The Agreements concluded based on these Terms and Conditions shall be governed by the laws of the Republic of Estonia.

  2. All disputes arising out of these Terms and Conditions shall be resolved by the authorities and courts competent for the seat of the Service Provider.

  3. The User shall be informed about the change in the Terms and Conditions by the Service Provider publishing the appropriate communication on the website maintained at the address https://atm.futurocoin.com/ linking to the list of amendments hereto. This information shall remain on the website for a period of at least 30 days.

  4. In the case of any of the provisions hereof being invalid, the Terms and Conditions as a whole retain their effectiveness.

Terms and Conditions of Electronic Services

  1. All information displayed on previous screens identifying Coders House sp. z o.o. and Futurocoin OU defining the requirements for using the service are part of these Term and Conditions.

  2. The Terms and Conditions are available on https://atm.futurocoin.com/terms/

  3. Coders House provides the Clients with a service (“Service”) consisting in providing terminal device functionality (“ATM”) allowing to submit a declaration of will about entering into an agreement for the purchase of cryptocurrency chosen by the Client, either Futurocoin (“FTO”) or Bitcoin (“BTC”), and to pay the price to Futurocoin OU.

  4. Client’s use of the ATM functionality in order to conclude a purchase agreement for a selected cryptocurrency is tantamount to concluding a service agreement based on the Terms and Conditions between the Client and Coders House sp. z o. o. Ending the use of the ATM, also prior to the purchase of cryptocurrency, is tantamount to terminating the service agreement.

  5. The service is provided to the Client free of charge in the language chosen by the Client.

  6. It is forbidden to enter unlawful content into the device.

  7. The service is available in devices located in:

    1. Restauracja Aurelio, ul. Świętokrzyska 14, Warsaw

    2. FN restaurant, Rynek 46/47, Wrocław

  1. ATMs are made available to clients in the locations indicated above during the indicated hours, i.e.:

    1. Restauracja Aurelio – Monday-Sunday 12:00-00:00

    2. FN restaurant – Monday-Friday 8:30-22:00, Saturday-Sunday 9:00-23:00

  1. There may occur interruptions in the device operation due to technical reasons.

  2. In order to conclude a cryptocurrency purchase agreement, it is necessary to follow the instructions shown on the ATM screen.

  3. The Client and Futurocoin OU are parties to the cryptocurrency purchase agreement. In cases referred to in the terms and conditions of the purchase of cryptocurrencies delivered by Futurocoin OU, the Know-Your-Client procedure may be required (“KYC”). Confirmation of identity entails making one’s image and data on the identity card or passport available to Futurocoin OU through the ATM. Lack of consent for verification in the case of transactions, specified in the terms and conditions as high-risk transactions, renders the provision of services impossible.

  4. The will to conclude a cryptocurrency purchase agreement is based on providing the data indicated in item 11 (if required) and determining the purchase amount of the selected cryptocurrency by placing a specific amount in the deposit slot.

  5. The device converts the placed banknotes and shows the amount on the ATM screen.

  6. The content of the cryptocurrency purchase agreement is specified in the Terms and Conditions of the Purchase of Cryptocurrency available in the device after selecting the option Buy, after pressing the “Terms and Conditions” button. Terms and Conditions constituting the agreement are also available at https://atm.futurocoin.com/terms/

  7. The Client receives a confirmation of the transaction in the form of a printout from the ATM. Confirmation is the basis for complaint regarding the services provided by Coders House sp. z o. o. The Client has the right to submit a complaint to the following address: support@futurocoin.com

  8. All information including regulations regarding complaint procedures in relation to the cryptocurrency purchase agreement concluded by the Client with Futurocoin OU are published in the Terms and Conditions constituting a cryptocurrency exchange/purchase agreement made available in the ATM or at https://atm.futurocoin.com/.

  9. The administrator of personal data provided by the Client is Futurocoin OU. Detailed information on the processing of personal data can be found in the information clause available in the ATM and at https://atm.futurocoin.com/privacy/