IMPERIAL PAY - CASH Terms and Conditions

  • 1 Whenever the following is referred to in these Regulations:
  1. Service – it should be understood to mean the online service named Imperial, operated by the Service Provider available at the internet address imperial.deals, serving to provide by the Service Provider on behalf of the User services, detailed described in § 3, points 2 and 3 of the Regulations.
  2. Exchange – it should be understood to mean the online service operated by the Partner or Operator serving, among others, the exchange of virtual currencies for other virtual currencies and enabling the storage of Cryptocurrencies and OmegaStableCoin, i.e., providing services as referred to in Article 2, point 1, subpoint 12), letter d) of the AML Act.
  3. User Account – it should be understood to mean a part of the Service made available to the User, necessary for providing Services by the Service Provider, to which the User can gain access only after: 1) registration of the account preceded by acceptance of the Regulations and Privacy Policy and after giving consent to simultaneous setting up an account on the Exchange preceded by accepting the regulations of the relevant Exchange and the privacy policy of the relevant Exchange, 2) account activation, 3) logging into the account using the provided authentication data, including the password, 4) authentication of the account through the AML procedure conducted by the Operator on the relevant Exchange.
  4. User or Service Recipient – it should be understood to mean a natural person not conducting business activity, a natural person conducting business activity, and legal entities and organizational units not having legal personality, as well as other economic entities operating on the basis of relevant regulations, on whose behalf the Service Provider provides Services using the Service, and which entities have a User Account.
  5. Guest – it should be understood to mean a natural person using the Service, who does not have a User Account or is not logged into it.
  6. Virtual Currencies or Cryptocurrencies – it should be understood to mean virtual currencies, other than OmegaStableCoin, as defined by the European Parliament and Council Directive (EU) 2015/849 of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No. 648/2012 of the European Parliament and of the Council and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC.
  7. GDPR – it should be understood to mean the European Parliament and Council Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, as well as all legal acts related to it.
  8. AML Act – it should be understood to mean the Act of 1 March 2018 on counteracting money laundering and terrorist financing (Journal of Laws of 2018, item 723), implementing the European Parliament and Council Directive (EU) 2015/849 of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and repealing the Act of 16 November 2000 on counteracting money laundering and terrorist financing.
  9. Regulations – it should be understood to mean these Regulations available at the website imperial.deals
  10. Services – it should be understood to mean paid (with exceptions described in §3) services provided by the Service Provider on behalf of the User electronically described in §3, in particular concerning the exchange of fiduciary currencies for the relevant OmegaStableCoin and vice versa; The Service Provider – it should be understood to mean Imperial PAY limited liability company with its registered office in Hajnówka, ul. Kwiatowa 9, 17-200 Hajnówka, Poland Tax Identification Number: 6030082431, entered into the Register of Entrepreneurs kept by the District Court in Białystok, XII Commercial Department under the KRS number: 0001038671, with a share capital of PLN 5,000 fully paid up.
  11. Operator – it should be understood to mean the Operator indicated in the Regulations available at the website https://p2p.imperial.deals/terms.
  12. Partner – an entity conducting business activity in the field of offering, among others, services of exchanging virtual currencies for other virtual currencies and in the field of providing services of storing Cryptocurrencies i.e. services as referred to in Article 2, point 1, subpoint 12), letter d) of the AML Act
  13. OmegaStableCoin – virtual currencies as defined by the European Parliament and Council Directive (EU) 2015/849 of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC, which virtual currencies:
  1. are offered for exchange on the Service in the form of PLN° (omegaPLN), EUR° (omegaEUR), USD° (omegaUSD), GBP° (omegaGBP) and others offered as stablecoins, the value of which is linked in a 1:1 ratio with a given fiduciary currency i.e. Polish zloty (PLN), euro (EUR), US dollar (USD), British pound (GBP);
  2. can be used to exchange for other virtual currencies,
  3. have the following contract addresses, in particular: A. PLN° (omegaPLN) – 0x3145b48981afc4424692493243f80f78816ed339, B. EUR° (omegaEUR) – 0xe253f79e3f4290c0cffb194df5937e3e06591c61, C. USD° (omegaUSD) – 0xcd578bf9236202b2abed9735ad3e24be694b21c7, D. GBP° (omegaGBP) – 0x4328450191f610c842936e240fa6b5690c122465,
  4. their sending to an external address in the blockchain network is possible only using the Ethereum blockchain network in the ERC-20 environment; sending OmegaStableCoin using another network may result in the loss of funds sent in OmegaStableCoin.
  1. Civil Code – it should be understood to mean the Act of 23 April 1964 – Civil Code (consolidated text Journal of Laws of 2022, item 1360 as amended).
  • 2
  1. These regulations define the rights and obligations of the Guest, the User, and the Service Provider while using the Service, including the provision of Services by the Service Provider for the User.
  2. By accepting these Regulations, the User declares that:
    1. They are aware that the Service Provider does not provide any payment services, any financial or investment services, in particular, does not participate in the trading of securities and other financial instruments;
    2. The condition for providing services is to set up a User Account on the appropriate Exchange preceded by the acceptance of the Exchange Regulations and privacy policy. The User accepts the fact of synchronizing the User’s account in the Service and the User’s account on the appropriate Exchange;
    3. The Service Provider does not provide any services requiring a permit or license issued by financial market supervision authorities and is not subject to the supervision of the appropriate financial supervision authorities.
  3. Each Guest and User must familiarize themselves with the Regulations. Guests can only use limited features of the Service, which consist of free browsing of the Service content, respecting the conditions of the Service’s operation as defined in the Regulations.
  4. An absolute condition for using the Services is to have an active User Account and to log in to the User Account.
  5. The User or Guest’s use of the Service depends on having a device with Internet access and containing the necessary software that meets the minimum technical conditions necessary to display the Service, i.e., a standard web browser and a standard operating system.
  6. The Service Provider informs that providing the Services involves the risk of losing the value of invested financial resources. At the same time, the User declares that they have read the KNF message available on the page: http://www.knf.gov.pl/komunikat_mobilny?articleId=57363&p_id=18
  7. The Service Provider will endeavor to make the Service available 24 hours a day. Subject to the conditions of providing Services described later, the use of the Service is free, except for the cost of accessing the Internet, which enables the use of the Service.
  8. It is forbidden for the User and the Guest to provide content in the Service of an unlawful nature and to take action that could cause disruption, malfunction, or interruption in the provision of Services in the Service Provider’s, Partner’s, or Operator’s IT system.
  9. The Service, including in particular all content, source codes, graphics, are protected by copyright, and it is forbidden to copy or use them in any way contrary to the content of these regulations.
  10. The User undertakes to use the Service, including the Services, on their own behalf and at their own expense.
  11. Access to the User Account is protected by requiring the User to log in to the account each time using the provided authentication data, i.e., the login and password to the appropriate Exchange.
  12. The User undertakes not to share with third parties the authentication data for the User Account and to store these data in a way that prevents third parties from accessing them. The Service Provider is not responsible for any damage to the User as a result of unauthorized persons accessing the User Account.
  13. The User has the option to use the functionality consisting of two-step login to the User Account (2FA login), which is an additional measure to protect the User Account from access by unauthorized persons.
  14. The User undertakes to check before each login to the User Account whether they are on the correct Service website (imperial.deals) and whether they are logging in correctly via the appropriate Exchange. The Service Provider is not responsible for any damage to the User resulting from the User’s failure to make this check, in particular as a result of phishing.
  1. The user, wishing to send OmegaStableCoin to an external address on the blockchain network, agrees to use only the Ethereum blockchain network with the ERC-20 standard for this purpose. Sending OmegaStableCoin to an external address on the blockchain network is only possible by utilizing the Ethereum blockchain network with the ERC-20 standard. Sending OmegaStableCoin using a different network may result in the loss of the transferred funds in OmegaStableCoin, for which the Service Provider is not liable.
  • 3
  1. Services are provided only after the User logs into their Account.
  2. The User can:
    1. Check the amount of each OmegaStableCoin they hold on the Exchange for free.
    2. Perform a paid currency exchange of Polish zloty, euro, US dollar, British pound, or another fiat currency accepted by the Service Provider on the platform for the corresponding OmegaStableCoin.
    3. Perform a paid exchange of the corresponding OmegaStableCoin for Polish zloty, euro, US dollar, British pound, or another fiat currency accepted by the Service Provider on the platform.
    4. Obtain free information about completed transactions involving the exchange of individual OmegaStableCoins for specific fiat currencies and individual fiat currencies for specific OmegaStableCoins.
  3. The Service Provider also enables, as part of the services provided and in cooperation with partner platforms, at the User’s request, the transfer of OmegaStableCoin to the appropriate entity’s account in exchange for the User’s acquisition of crypto assets in the form of tokens. The Service Provider is solely responsible for transferring the selected OmegaStableCoins in the chosen quantity and unit, as requested explicitly by the User, to a third-party entity. The User agrees to the transfer of transaction data regarding token purchases and the recipient of the transferred OmegaStableCoin by the Service Provider’s partner platform.
  4. The Service Provider does not provide cryptocurrency or OmegaStableCoin storage services through the platform (services referred to in Art. 2(1)(12)(d) of the Anti-Money Laundering Act) and does not maintain accounts in the form of electronically kept collections of identification data that enable authorized persons to use virtual currency units, including conducting exchange transactions. All User-owned cryptocurrencies and OmegaStableCoins are stored in the User’s account on the appropriate Exchange.
  5. The User is informed about the total remuneration for the services mentioned in point 2(2) and 2(3) and point 3 before entering into the agreement for their provision on the platform. This information includes the display of the amount of the corresponding OmegaStableCoin the User will receive for a specified quantity of Polish zloty, euro, US dollar, British pound, or another fiat currency chosen by the User, as well as the display of the amount of Polish zloty, euro, US dollar, British pound, or another fiat currency the User will receive for a specified quantity of OmegaStableCoin chosen by the User.
  6. The remuneration for services provided by the Service Provider is determined in the document titled „Fees and Execution Time,” the contents of which are available on the platform under the „Fees and Execution Time” tab. The User has the opportunity to familiarize themselves with it at any time. The Service Provider may make changes to the „Fees and Execution Time” document, which do not constitute changes to the Terms and Conditions. The User is bound by the current content of the „Fees and Execution Time” document at the time of expressing their intent to use the services mentioned in point 2(2), 2(3), and 3.
  7. The Service Provider does not apply individual price adjustments based on automated decision-making.
  8. The User does not have the right to withdraw from the agreement for the provision of services mentioned in point 2(2), 2(3), and 3, as the Service Provider has fully performed the service with the explicit consent of the consumer, who was informed prior to the start of the provision that they would lose the right to withdraw from the agreement once the service is fully performed by the Service Provider.
  9. The Service Provider states that payment for paid services is accepted exclusively through the indicated methods on the platform, particularly by bank transfer from the User’s bank account. The Service Provider reserves the right to refuse the provision of services if the payment is made through services that prevent identification and verification of the payment sender or if there is a discrepancy between the User’s data and the sender of the payment transfer.
  10. The payment deadline for the provision of services mentioned in point 2(2), 2(3), and 3 is simultaneous with the conclusion of the agreement for the provision of these services, meaning that upon receipt of payment by the User, the agreement with the Service Provider is formed.
  11. The Service Provider reserves the right to perform the service within an estimated time displayed on the platform, which should not exceed two business days. However, this estimated time is calculated from the moment the funds are credited to the Service Provider’s bank account, subject to other provisions of the Terms and Conditions. The estimated time for the service to be performed is specified in the document titled „Fees and Execution Time,” the contents of which are available on the platform under the „Fees and Execution Time” tab. The User has the opportunity to familiarize themselves with it at any time.
  12. OmegaStableCoin and fiat currencies do not constitute things as defined in Article 45 of the Civil Code. The Service Provider is not responsible for compliance with the contract provided for in Articles 556 to 576 of the Civil Code (liability for defects in sales). The Service Provider is responsible for compliance with the contract based on general liability for non-performance or improper performance of obligations provided for in Article 471 of the Civil Code.
  13. The Service Provider does not provide warranties for the services rendered. The Service Provider does not provide post-sales services to Users or Guests.
  • 4
  1. The Service Provider reserves the right to temporarily interrupt the functioning of the platform for the purpose of conducting updates, upgrades, and technical maintenance.
  2. The Service Provider reserves the right to block User’s access to their Account and the platform for security reasons, such as suspected unauthorized access by third parties to the User’s Account. The Service Provider may block access for a specified period. The User can request information about the duration of the account block by contacting the Service Provider. The account block period may be extended.
  3. The Service Provider reserves the right to refuse the provision of services in the event of significant circumstances that prevent their delivery, such as technical obstacles, security reasons, non-compliance by the User with the Terms and Conditions, or the application of security measures based on the Anti-Money Laundering Act.
  4. The User and the Guest undertake not to take actions that could disrupt the proper functioning of the platform, including not interfering with the content of the platform, Account, or other Users’ Accounts, and other elements of the platform. They should not mislead the Service Provider, for example, by providing false information about their identity, refrain from acting in bad faith, refrain from abusing the platform’s functionalities, using the platform contrary to its intended purpose and in violation of the Terms and Conditions.
  5. The Service Provider has the right to delete the User’s Account and permanently block the User or Guest from accessing the platform in the event of a violation of the provisions of the Terms and Conditions or in connection with the application of financial security measures under the Anti-Money Laundering Act. In the event of an Account deletion, all OmegaStableCoins accumulated in the User’s Account will be retained on the appropriate Exchange.
  • 5
  1. The Service Provider is an obligated institution within the meaning of the Anti-Money Laundering Act and, in accordance with the provisions of the Anti-Money Laundering Act, implements financial security measures specified in Article 34 of the Anti-Money Laundering Act and exercises due diligence when performing transactions and fulfilling obligations arising from the Anti-Money Laundering Act.
  2. The Service Provider has the right, through an Operator or Partner, to fulfill the obligations imposed on them by law, including the Anti-Money Laundering Act, in particular by identifying the client and verifying their identity, as well as applying security measures during occasional transactions with an equivalent value of 15,000 euros or more, regardless of whether the transaction is conducted as a single operation or multiple operations that appear to be related or constitutes a transfer of funds exceeding the equivalent of 1000 euros.
  3. The Service Provider has the right, through an Operator or Partner, to fulfill the obligations imposed on them by the provisions of the Anti-Money Laundering Act at the time of attempting to establish a business relationship, such as when attempting to create a User Account.
  4. As a result of the obligations imposed on the Service Provider by the Anti-Money Laundering Act, the Service Provider may refuse to provide services, refuse to create and register a User Account, and may terminate the Agreement by blocking access to the User’s Account and deleting it, subject to retaining transaction history data and all User actions and data on the server. In connection with the application of the Anti-Money Laundering Act, the Service Provider has the right at any time to request appropriate documents from the User for the purpose of identification and verification of the User’s identity (request for a clear selfie with a document, request for a video call, or any other actions aimed at verifying the User’s identity), and request the submission of documents regarding the source of origin of any financial assets at the client’s disposal.
  • 6
  1. The Service Provider considers complaints in accordance with the procedure described in this paragraph.
  2. The Service Recipient has the right to submit complaints regarding the provided services.
  3. The Service Provider accepts complaints via electronic communication, specifically through email at: support@imperial.deals.
  4. When submitting a complaint, the Service Recipient should provide their full name, a detailed description of the subject of the complaint, including the nature of the service provided, the circumstances of the service provision, the date of service provision, the request related to the complaint review, and the preferred method for the Service Provider to respond to the complaint. If the User requests to submit the complaint in writing, they must provide an address to which the written complaint should be sent.
  5. The Service Provider is obliged to respond to the Service Recipient’s complaint within 14 days from the date of its receipt. The Service Provider delivers the response to the complaint in writing to the address provided by the User or via electronic communication, depending on the form of submitting the complaint or the User’s choice.
  6. The above rules apply accordingly to complaints filed by Guests regarding the functioning of the platform.
  • 7
  1. The Service Provider reserves the right to change the Terms and Conditions at any time due to reasons related to the nature of the services or technical conditions for service provision, as well as in the event of:
    1. Changes in the laws directly affecting the content of the Terms and Conditions,
    2. Imposition of specific obligations by state authorities,
    3. Improvement of the platform’s operation and User and Guest support,
    4. Enhancement of User privacy protection,
    5. Changes in the privacy policy,
    6. Prevention of abuse,
    7. Security reasons,
    8. Changes in the scope of services provided, including the introduction of new ones,
    9. Editorial changes.

The content of the changes and information about the change to the Terms and Conditions will be sent to the User via email to the User’s address provided on the platform.

  1. The User, who does not accept the content of the changes to the Terms and Conditions, retains the right to terminate the agreement for the provision of the Account by requesting the deletion of the User’s Account at any time. Regardless of the above, the User has the right to request the deletion of the User’s Account at any time. The User’s Account will be deleted at their request within 3 business days. The User can also simply stop using the User’s Account. In the event of a request for the deletion of the User’s Account, the User should transfer any OmegaStableCoins and cryptocurrencies held in the User’s Account to an external wallet dedicated to OmegaStableCoins or cryptocurrencies. Otherwise, any OmegaStableCoins and cryptocurrencies will remain in dedicated wallets on the Exchange.
  2. Unless otherwise provided by mandatory provisions of the law, Polish law governs the agreements between the User, the Guest, and the Service Provider. The choice of Polish law does not deprive the User and the Guest of the protection granted to them under provisions that cannot be excluded by agreement, in accordance with the law that would be applicable in the absence of a choice of law.
  3. The Service Provider processes the User’s personal data in accordance with the principles described in the Privacy Policy. By accepting the Terms and Conditions, the User declares that they have read and accepted the content of the Privacy Policy. The Privacy Policy document is available on the imperial.deals website.
  4. The Service Recipient and the Guest may stop using the platform at any time. The Service Recipient can also terminate the agreement for the provision of services based on these Terms and Conditions by sending a request for the deletion of the User’s Account to the email address: support@imperial.deals.
  5. Matters not regulated in these Terms and Conditions are subject to the relevant provisions of Polish law.
  6. Any disputes arising in connection with the non-performance or improper performance of obligations arising from these Terms and Conditions or services related to the provision of services will be resolved by a common court in accordance with the provisions of the law.

 

 

 

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