TERMS AND CONDITIONS

1. Introduction

These Terms, along our Privacy Statement and Risk Warnings are the legal agreement (hereinafter – ‘Agreement’) between you and WhiteCenre. The Agreement explains the main terms and conditions applicable to our relationship while you use our services, however, they do not cover every possible situation that you may find yourself in. Where they do not cover a particular situation, the statutory law, secondary legislation, and practice will apply. We would like to point out that access to and use of the services we provide is based on your consent with this Agreement. It is very important that all provisions of this Agreement are fully clear to you. Should any questions arise while you are reading these Terms and Conditions or should you feel uncertain about interpreting some or other of the provisions of the Terms and Conditions or you have come across an error, feel free to contact us using the details in the ‘How to contact us’ section.

You can always find the Terms and Conditions and our Fees on our website. We can provide you with a copy of it in electronic or paper form upon your request.

Crypto assets are not insured by Polish deposit insurance scheme of the Bank Fund Guarantee (BFG) or any other public or private insurer, including against cyber theft.

2. About us

 2.1. WhiteCentre sp.z o.o. (‘WhiteCentre’) is a company registered in Poland with registered address: Street Mlynska16, 8^TH floor, Poznan, post code 61-730, Poland. Company posseses the registration with the Register of Activities in the Field of Virtual Currencies in Poland (Rejestr Działalności w Zakresie Walut Wirtualnych).

2.2. White Centre only provides non-advised (execution-only) services. When providing our Services, we will not assess the suitability or appropriateness of any Service for you. We do not offer any advice or provide you with any personalised recommendations regarding the suitability or adequacy of any particular transaction. If you are uncertain as to whether the dealing in cryptocurrencies is appropriate for your individual circumstances or needs, you should seek independent professional advice.

2.3. We provide the following service (hereinafter – ‘the Services’ or ‘our services’):

(1) buying the virtual currencies against means of payment (FIAT currencies);

(2) opening and keeping wallets that provide authorized persons with the possibility of using virtual currency units, including carrying out transactions of their exchange.

Value of virtual assets may fluctuate significantly and there is a substantial risk of economic losses related with virtual assets. By making use of our Services, You acknowledge and agree that: (1) You are aware of the risks associated with transactions of virtual assets; (2) You shall assume all risks related to the use of our Services; and (3) White centre shall not be liable for any such risks attached thereto or adverse outcomes.

3. How we contact each other

• How you can contact us. Please contact us via our Customer Support team at https:// whitecentre.com. Agreement may specify contact details for particular issue.
• How we will contact you. We will contact you using the details you provide to us. It is important that you ensure that your contact details are correct and up to date. If your contact details change, you must let us know immediately. If you do not, we will not be responsible if you do not receive information, notices or other important information from us.

4. Access to the service

• You can use our service as private individual (if you are an individual, be at least 18 years old) as well as the entity.
• In order to meet our obligations under applicable legislation, we must follow a number of procedures, such as Know Your Customer (KYC) and Customer Due Diligence (CDD) to identify and verify the identity of our clients, including beneficial ownership. Therefore, we will ask you to provide us certain information and documentation in order to start using our services and later from time to time during the period of validity of this Agreement.

• All documents, document copies and other data provided by you must be complete, true and of good quality. If you do not meet these requirements, we will not be able to complete the acceptance process and we will have to ask you for further clarifications.

4.1. If you have not provided the requested documents and/or information within three months following our request, the account opening process shall be deemed interrupted. After the expiry of the mentioned three months’ period, should you desire to receive our services, you will have to start a new process. Besides, you will have to pay a new document verification fee.

4.2. From time to time, we may need you to provide or update information about you or the documents we hold to identify you. If you do not provide us with the updated information, we may choose to discontinue provision of services, including the possibility to terminate the relationship.

4.3. You must promptly notify us of any change in the relevant details. We cannot be responsible for any resulting financial loss if you fail to do so.

4.4. This Agreement also binds you to inform us about any changes in the documents, which lay at the basis of this Agreement.

4.5. In order not to lose the possibility to use the Services we offer to you, you must inform us about all changes in your data, especially but not limited to:

(1) If you are a legal entity:

• Change of an authorised representative or prolongation of the powers of an authorised representative;
• Change of your contact information (telephone number, e-mail address, name and surname of the contact person, etc.);
• Change of the tax residency; and
• any other important changes, which might be relevant.

(2) If you are an individual:

• Change of your personal identity document;
• Change of your residence address;
• Change of the contact information (telephone number, e-mail address, postal address); and
• Change of the tax residency.

4.6. In all of the above listed cases, we ask you to provide us the documents, which confirm the changes that took place and contain essential information about such changes.

5. Safety of the transactions

5.1. While providing you the Services, we must be entirely sure that all instructions come only from you. We will assume that receiving the instruction from the phone or/and email that was confirmed by you as your phone number and email address in the process of onboarding (or later – if you have changed it in accordance with our procedures) that is confirmed by the password exchanged between us before you started to use the Services, is received from you.

5.2. We recommend to use the following security measures:

(1) do not let anyone else use any device or security details;

(2) do not let anyone else give instructions or access information on your transactions and/or wallet;

(3) carry out regular virus checks on the devices you use to receive Services;

(4) keep your device secure and protect it from damage;

(5) do not use any device for payments that you know or have reason to believe has had its security or integrity compromised;

(6) do not record the login and password on your mobile phone or your computer.

5.3. You should notify us without undue delay if you:

(1) discovered that your device or security details have been lost, stolen, damaged or are being misused; and

(2) think that someone can access your wallet and/or transactions history without your authority or has discovered your security details.

6. Dealing with cryptocurrency.

6.1. Buying Cryptocurrency

6.1.1. You can instruct us to buy cryptocurrencies for you.

6.1.2. Steps to be taken:

(1) Please contact us by any channel mentioned in our website www.whitecentre.com ;

(2)  you will be contacted by the manager in order to agree on exchange rate as well as other positions of the order;

(3) after the agreement is reached the manager will send you the confirmation for acceptance. Acceptance should be sent by you using the password exchanged between us before you started to use the Services;

(4) you must place the agreed amount of the money in our account opened with Bilderlings Pay Limited;

(5) after the buying transaction is completed the manager will inform you by sending the transaction confirmation details.

6.1.3. Please note that the order must be confirmed by you in certain period of time which you will be informed about. If the confirmation is not received within it, we will not be able execute the order.

6.1.4. Once the order has been confirmed, you will not be able to cancel it.

6.1.5. We may limit the amount of cryptocurrency you can buy. We will tell you the amount of any limit before we accept your instruction.

6.1.6. We may refuse your order if:

(1) the amount of money you have placed is not enough to execute the transaction (including all applicable fees);

(2) there is not enough cryptocurrency available in the market;

(3) one of our partnered crypto exchanges is not available (for example, one of them could have a disrupted service);

(4) we have good reason to suspect that your instruction was for illegal purposes (for example, to commit fraud); or

(5) we have good reason to believe that your instruction could badly affect our reputation or goodwill.

6.1.7 You will own the rights to the financial value of any cryptocurrency we buy for you. We will hold your cryptocurrencies on your behalf and you will have a right to them. You have complete control of your cryptocurrencies, and we will only act upon instructions you give us.

6.1.8. The cryptocurrency we buy for you is held in a ‘virtual account’ that also holds cryptocurrencies for other customers. You will not have a separate cryptocurrency account.

6.2. Payment execution.

6.2.1. Steps to be taken:

(1) Please contact us by any channel mentioned in our website www.whitecentre.com ;

(2)  you will be contacted by the manager in order to agree on all positions of the order;

(3) after the agreement is reached the manager will send you the confirmation for acceptance. Acceptance should be sent by you using the password exchanged between us before you started to use the Services;

(4) after the transaction is completed the manager will inform you by sending the transaction confirmation details.

6.2.2. White Centre must follow all the requirements concerning the anti-money laundering and sanction risks. For this reason all payments are subject of AML sanctions checks. If it necessary we will ask you to provide us additional information, documents and/or explanation concenring the intended transaction.

6.2.3. We may refuse the transaction:

(1) there is not enough cryptocurrency available in your wallet to conduct the payment;

(2) you have not placed enough fiat currency in order to pay the fees for transaction;

(3) we have good reason to suspect that your instruction was for illegal purposes (for example, to commit fraud); or

(4) we have good reason to believe that your instruction could badly affect our reputation or goodwill.

6.3. We support several different cryptocurrencies on several blockchains on its payment platform (“Supported cryptourrencies” and “Supported Blockchains”). Certain Supported cryptocurrencies and Supported Blockchains may be available only for payouts and not when requesting payments. We may, at our sole discretion, add or remove support for particular cryptocurrencies from time to time. 

7. Our Fees

Our Fees tell you what fees we charge you for our services, how much and when and they form an integral part of the Agreement.

Fees are payable in advance.

If the balance of funds you have transferred to us is insufficient to cover the amount of Fees, we may refuse to execute your order. We may change the Fees we apply to the Services of which you will be notified at least 2 (two) months in advance. However, if we reduce the Fees applicable to the Services we may do so on a shorter notice if this does not contradict the applicable laws. In all other cases the above-mentioned notice period will apply.

8. Responsibility

We shall be liable for direct damages incurred by you in connection with the breach by us of any provision of Services under this Agreement.

You will not be entitled to claim any refund or damages from us and we will have no liability to you:

• if you are in breach of this Agreement or any other agreement with us;
• there are some problems with the security procedure you follow;
• where you have acted fraudulently or with gross negligence;
• if any of the details you gave us were incomplete, insufficient or incorrect; and
• in cases where your loss is due to the circumstances beyond our control, that is, we could not perform under this Agreement despite our good will and best effort to do so (for example, due to some major problem with any partner involved on the exchange and/or payment transaction).

For avoidance of any doubt we shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation, etc., whether foreseeable or otherwise.

If the results of an investigation enable us to prove that You either did authorise the transaction or were otherwise liable, we can reverse the refund. Where this occurs, we shall give You a reasonable notice of the reversal.

9. Suspending and/or Closing Services

You may terminate the Agreement at any time by notifying us at [email protected]

We may close Services to You by giving you at least 2 (two) months’ prior notice.

However, we can close or suspend all or any part of Services to you immediately, or with a shorter notice, if we reasonably believe that:

• you are in material breach of this Agreement or any other agreement with us;
• we reasonably suspect that the Services have been or are being used without your authorisation;
• we reasonably suspect that the Services have been or are being used fraudulently (for fraudulent purposes);
• we must do so to comply with any law, court decision or document issued by a competent authority;
• in the process of providingthe Services to you, by your actions you put us in a position where we might break any law, regulation or document issued by a competent authority (e.g., sanctions risks);
•  you provide us with false or misleading information at any time;
• this Agreement becomes unenforceable or any circumstances arise that are outside our control and, in our reasonable opinion, have a negative effect on our ability to continue with this Agreement.

We would like to inform You that there are situations where we are not allowed to contact You before the Services (or any part of them) are suspended or immediate suspending of the Services (or any part of them) is in Your interests. We shall not contact you if disclosure of the information will compromise reasonable security measures or to do it is unlawful.

10. Processing your data including personal information

We need to use the information about you (hereinafter also Personal Data) in order to render quality services to you, such as managing your accounts with us, offering our products and services to you, as well as meeting our legal and regulatory obligations.

We will also share your information with our trusted third parties in order to provide services to you. You can find more details about our data protection policy and privacy policy on our web page https://whitecentre.com

We may conduct searches through an identity-referencing agency and through other sources of information, and use scoring methods both to allow us to render you the services and to assess our risks in doing so, including your credit standing and compliance with all KYC or CDD requirements.

By accepting the Terms and Conditions, you agree that we process your Personal Data and other data of you, your representatives, authorised persons, beneficial owners and other third parties related to you, and we will act strictly in accordance with the General Data Protection Regulation (GDPR) and other applicable laws and regulations. Within the meaning of the above-mentioned legislation, we are acting as a Personal Data Controller. You confirm to us that all Personal Data which you or any of your representatives send to us at any time has been lawfully obtained and will be lawfully sent to us in accordance with applicable data protection legislation.

11. Changes to your Agreement

From time to time, we may want or need to make changes to this Agreement (for example, because of changes in law or regulations or for our own internal reasons such as improving or replacing a service or introducing new fees for our services).

Unless a law or regulation allows us to give you a shorter notice, we shall notify of any proposed changes in the Terms and Conditions at least two months before they are due to take effect.

If you do not want to accept the changes, you terminate the provison of Services before the change comes into effect. If you do not terminate the provison of Services before the date on which the change comes into effect, we will assume you have accepted the changes.

We will notify you about the changes to you email address.

There are certain circumstances where we may give you a shorter notice than outlined above. This may happen where:

• the change is in your favour (for example, we reduce the Fees applicable to the Services);
• as required under a law or regulation, the change must be introduced by a particular date, and there is no time to give you notice;
• the change is to introduce a new product or service that you can use;
• the change relates to certain benefits that may apply to the Services.

Adding new payment services to the existing Terms and Conditions or adding a new functionality to the existing service, which does not change the Terms and Conditions, shall not be treated as a change and shall be effective as stated in our change notice to you.

12. Complaints

We value our relationship but we understand that sometimes things may go wrong.

If you feel we have not met your expectations in any way, please let us know so that we can address the problem as quickly as possible.

If you are not happy with our decision and you wish to make a complaint, you can do so by sending a complaint to the e-mail [email protected]

13. Anti-Fraud, Anti-bribery and Anti-corruption procedures

We have implemented and maintain the policies and procedures aimed at the prevention of fraud, bribery and corruption by us and our officers or employees. To the best of our knowledge, neither we nor any of our officers or employees have been engaged in any activity or conduct, which would violate any anti-bribery or anti-corruption law or regulation applicable to us.

If you suspect or are aware of any breach of this clause, you must notify us immediately.

In your dealings with us, you must not directly or indirectly engage in fraud, bribery or corruption in any form.

14. Third party rights

No person other than you shall have any rights under this Agreement and may enforce its terms.

15. Governing Law and Jurisdiction

This agreement is governed by Polish law, which also applies to setting up our relationship. Any controversy, dispute or claim shall be brought to and finally settled by the courts of Poland.

16. Entirety of the Agreement

If any provision contained in this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, it shall be deemed severed from this Agreement and the remaining provisions contained herein shall not be in any way affected or impaired thereby.