Terms of Use of Kado Europe Services

Last updated: August 7th, 2024

I. INTRODUCTION

The Terms and Conditions set out the rules for the provision of the Services by KADO EUROPE SP Z O O (“Kado Europe”).

Kado Europe is entered in the Register of Activities in the Field of Virtual Currencies under number RDWW – 1130, kept by the Director of the Tax Administration Chamber in Katowice.

II. DEFINITIONS

1. Price list

Kado Europe price list, constituting Appendix 1 to the Terms and Conditions.

2. Contact details Kado Europe

contact details where Kado Europe can be contacted:

  1. Email: support@kado.money
  2. mailing address: Bartycka 22B-21A, Warsaw, 00-716, Poland

3. Order

any order, instruction or statement, including an order to execute a Transaction, directed by the Client to Kado Europe under the Terms and Conditions or any other regulations applicable between Kado Europe and the Client.

4. Working Day

every day except Saturdays and public holidays in the Republic of Poland.

5. Password

a password used, among other things, to identify the Client within the Account and to perform other activities as set forth in the Terms and Conditions.

6. Virtual Currency Buying and Selling

the Kado Europe service described in Point VI of the Terms and Conditions.

7. KC

Act of 23 April 1964. - Civil Code.

8. Client

the person or entity that has entered into the Contract with Kado Europe.

9. Account

the individual account of the Client, to which he/she may log in within the Website, enabling, among other things, submission of Orders and making use of other Kado Europe services.

10. Transaction

following transactions:

  1. the sale or purchase by the Client to/from Kado Europe of Virtual Currencies for legal tender (FIAT); or
  2. the sale or purchase by the Client to/from Kado Europe of Virtual Currencies for Virtual Currencies.

11. Terms and Conditions

These Terms and Conditions.

12. Website

the Kado Europe website at https://app.kado.money.

13. Kado Europe

Kado Europe sp. z o.o. with its registered office in Warsaw, Poland, at Bartycka Street, 22B-21A Warsaw (00-716), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register, under KRS number 0001079511, NIP 5214051747, REGON 52740320100000.

14. UAML

Act of 1 March 2018 on Prevention of Money Laundering and Financing of Terrorism.

15. Contract

The contract governing the provision by Kado Europe of the Services described in these Terms and Conditions.

16. UPK

Act of 30 May 2014 on consumer rights.

17. Service

The following services that may be provided by Kado Europe:

  1. Virtual Currency Buying and Selling;
  2. Transactions.

The services referred to in letters a - b, currently offered by Kado Europe, are indicated on the Website.

18. Virtual Currency

a digital representation of a value that is not:

  1. legal tender issued by the National Bank of Poland, foreign central banks or other public administration authorities,
  2. an international unit of account established by an international organisation and accepted by individual countries belonging to or cooperating with that organisation,
  3. electronic money within the meaning of the Act of 19 August 2011 on payment services,
  4. a financial instrument within the meaning of the Act on Trading in Financial Instruments of 29 July 2005,
  5. a bill of exchange, a promissory note or a cheque,

and it may be exchanged for legal tender and accepted as a medium of exchange in economic transactions, and may be stored or transferred electronically or traded electronically.

III. CONCLUSION OF THE CONTRACT

1. The Contract is concluded on the Website, as part of the Account opening process. The Contract will be considered concluded when Kado Europe informs the Client about it on the Website or in a message sent to the Client's email address or telephone number.

2. In order to conclude the Contract, the potential Client shall:

  1. provide all data required by Kado Europe in the process of opening an Account;
  2. accept the Terms and Conditions and other clauses required during the Account opening process;
  3. enable for Kado Europe to verify his/her identity and/or that of the persons representing the Client in the manner required by Kado Europe;
  4. ensure that the person making any statements on behalf of the Client for the purpose of concluding the Contract is authorised to do so.

3. Before concluding the Contract and also during the term of the Contract, Kado Europe may request the Client:

  1. to confirm the data provided, including by sending the relevant documents;
  2. to enable for Kado Europe to verify the identity of the Client and/or of the persons representing him, including through the tools indicated by Kado Europe;
  3. to provide additional documents or information, in particular those necessary to verify the Client's identity.

4. All information and data provided to Kado Europe before and during the term of the Contract, including for the purpose of executing the Transaction, shall be truthful and not misleading.

5. The Contract may also be concluded in a manner other than that described in this Point III of the Terms and Conditions if Kado Europe so agrees with the given Client.

6. The Terms and Conditions and other documents that Kado Europe must provide to the Client in accordance with the law will be sent:

  1. in electronic form to the e-mail address provided by the Client; and/or
  2. in writing to the Client's home address or correspondence address; and/or
  3. by any other means specified in your Account or on the Website.

In addition, the documents indicated above may be made available in the Account.

7. The Contract is concluded for an indefinite period.

IV. ACCOUNT

1. An account is made available to the Client upon conclusion of the Contract and for the duration of the Contract. Access to and use of the Account is free of charge, and the Client does not have to pay any fee for access to and use of the Account, except for the provision of personal data necessary for the performance of the Contract. However, Kado Europe may introduce fees for access to and use of the Account in the Price List.

2. The Client may use the Account to send enquiries, information and documents to Kado Europe, to receive information and documents from Kado Europe, to contact Kado Europe, to make Orders, including Orders to execute Transactions, and to use other functions made available in the Account.

3. The Client may not use the Account to provide third parties with Services or services similar to those provided by Kado Europe.

4. In order to use the Account, the Client shall receive a login and password to his/her e-mail address, telephone number or shall be able to assign them to himself/herself in the process of opening the Account or in the process of changing the login and password.

5. The person to whom the Client has provided a login and password to the Account and who uses the Client's Account, is authorised to represent the Client. The Client authorises this person to giving Orders in the Account to the full extent. This means that this person may give all Orders that are possible to give in the Account and to accept all arrangements with Kado Europe and/or another Client, including arrangements regarding Transactions.

6. The Client shall not make the login and password available to unauthorised persons and shall protect the login and password against access by such persons. Only the Client and persons authorised by the Client may use the Client's Account. The Client is not allowed to make his Account available to other persons, including other Clients. If the Client has a suspicion that someone unauthorized may have obtained its login or password or has access to its Account, he/she shall immediately inform Kado Europe and change the password.  

7. The Client shall be liable for the consequences of any Orders given in its Account, including by unauthorised persons. The Client, who is a consumer within the meaning of the KC, shall not be burdened by the consequences of Orders given by unauthorised persons, if they were given and executed through Kado Europe's fault.

8. The Client shall in particular be burdened with the consequences of Orders given:

  1. by persons to whom the Client has provided data necessary to use the Account or give Orders;
  2. by unauthorised persons, irrespective of how the unauthorised persons have obtained the data necessary for giving the Order;
  3. as a result of a breach by the Client of the security rules set out in the Website, in the Account or in other recommendations made available by Kado Europe;
  4. as a result of non-performance or improper performance by the Client of its obligations under the Contract, the Terms and Conditions or the law;
  5. by the Client in accordance with the Terms and Conditions or the functions of the Account.

9. It is prohibited to provide content of an unlawful nature through the Account. It is not permissible to use the Account in a manner that enables or aims at unauthorised access to the Kado Europe IT system, the introduction of malicious software into it or the prevention or disruption of its proper functioning.

10. The Account will be available at least [90]% of the time on a monthly basis.

11. Client needs to have following to use the Account:

  1. devices with access to the Internet;
  2. a programme enabling the use of pdf files;
  3. a web browser in the version indicated on the Website with cookies enabled;
  4. electronic mail (e-mail address).

V. ORDERS

1. Kado Europe shall accept to execution the Orders correctly drawn up and submitted to Kado Europe. Giving of an Order in the Account is made by approving it with the appropriate button. Kado Europe may require additional actions to be performed in order to approve a given Order.

2. Kado Europe may refuse to carry out an Order that does not meet the requirements set out in the Terms and Conditions or in the Website or Account, as well as in situations set out in the provisions of applicable law, including in the following cases:

  1. the Client has failed to provide Virtual Currencies or funds (FIAT) to execute the Order,
  2. there are irregularities in the content of the Order which make its execution impossible,
  3. the amount of the Transaction exceeds the amount of the transaction limit set by Kado Europe or Client,
  4. a threat to the security of Virtual Currencies or the Account,
  5. suspected unauthorised use of the Account,
  6. failure to update data or the identity document of the Client or its representatives,
  7. in the cases specified in the UAML rules
  8. the order applies to Virtual Currencies not supported by Kado Europe.

3. If Kado Europe refuses to execute the Order, it will inform the Client, unless this is contrary to law.

VI. VIRTUAL CURRENCY BUYING AND SELLING

1. As part of the Virtual Currency Buying and Selling the Client may:

  1. sell to Kado Europe Virtual Currencies for other Virtual Currencies;
  2. sell to Kado Europe Virtual Currencies for legal tender (FIAT);
  3. buy from Kado Europe Virtual Currencies for other Virtual Currencies;
  4. buy from Kado Europe Virtual Currencies for legal tender (FIAT).

2. The Client shall agree with Kado Europe in the Account the price for the sale or purchase of Virtual Currencies (exchange rate). The Transaction will be executed at the agreed exchange rate. If the Client does not provide Virtual Currencies or legal tender (FIAT) at the agreed time, Kado Europe may refuse to execute the Transaction or execute it at the other exchange rate applied by Kado Europe at the time of receipt of the Virtual Currencies or legal tender (FIAT).

3. Kado Europe shall transfer to the Client the Virtual Currencies or legal tender (FIAT) owed to the Client under the sale or purchase Transaction by the end of [………………….] Business Day following the day on which the sale or purchase Transaction was executed by Kado Europe. Virtual Currencies are transferred to the wallet indicated by the Client within the Order. Legal tender (FIAT) are transferred to the Client's payment account indicated within the Order.

4. Kado Europe may chargé the fees payable by the Client from Virtual Currencies or legal tender owed to the Client in respect of sale or purchase Transactions.

5. Kado Europe shall not accept cash for sold Virtual Currencies. Kado Europe shall not pay cash for bought Virtual Currencies.

VII. TRANSACTIONS

1. The Client may give an Order to execute a Transaction only in the Account.

2. Transactions may only be Ordered in Virtual Currencies or in the FIAT currencies indicated on the Website.

3. If the transfer of legal tender (FIAT) from the Client to Kado Europe and/or from Kado Europe to the Client is necessary for the execution of a Transaction, the transfer of such funds shall be carried out by a separate entity duly authorised to be a payment service provider. Kado Europe does not participate in or act as intermediary in the transfer legal tender (FIAT). Kado Europe shall not provide payment services as defined by law.

4. The moment of receipt of an Order to execute a Transaction is the moment when Kado Europe has confirmed to the Client in the Account the receipt of that Order.

5. The Client may not cancel an Order to execute a Transaction received by Kado Europe unless otherwise agreed with Kado Europe or Kado Europe makes such a feature available in the Account.

6. When ordering a Transaction, the Client is obliged to provide all the data required in the Account.

7. A Transaction involving the transfer of Virtual Currencies is executed by transferring such Virtual Currencies to the Wallet or Wallets indicated in the Order.

VIII. FEES

1. Kado Europe charges fees or commissions for providing the Services, as set out in the Price List or in the Website.

2. Fees or commissions due to Kado Europe may be payable by collecting them from the Client's Virtual Currencies or by paying them by the Client to the account or wallet of Kado Europe indicated on the Website or in the Account. A prior declaration of collection by Kado Europe is not required.

3. Kado Europe shall be entitled to make available to the Client the amounts of Transaction received for the Client less any fees or commissions payable in connection with execution of that Transaction.

4. In the event that a Client using the Kado Europe Services is in arrears with payment of fees or commissions, Kado Europe may refuse to provide the Services to that Client until the arrears are settled.

IX. SECURITY

1. The Login, Account password and Account may only be used by the Client.

2. The Client must use the Account and Kado Europe Services in accordance with the provisions of these Terms and Conditions and must take the necessary measures to prevent a breach of the individual security measures of the Account, including the storage of the login, password to the Account and other data enabling the giving of an Order to execute a Transaction with due diligence and not to make them available to unauthorised persons.

3. In the event that the Client ascertains or suspects that the Account, login or password to the Account, have been or may have been accessed by an unauthorised person, including as a result of their loss, theft or misappropriation, the Client shall immediately report these circumstances to Kado Europe and give an Order to block the Account. The notification shall be made to Kado Europe Contact Details.

4. The Client shall comply with the following security rules relating to the use of the Account:

  1. verify the correctness of the login address to the Account each time and check whether the browser does not display any warnings related to the security certificate;
  2. read the Order carefully;
  3. not to confirm Orders that have not been ordered by the Client and to immediately inform Kado Europe of receipt of a message requesting confirmation of such an Order;
  4. keep his/her operating system and browser up to date;
  5. use only devices with installed and updated anti-virus software;
  6. not use untrusted devices to log in to Account or devices on which other users are logged in;
  7. not use public Wi-Fi networks to log into Account;
  8. do not open attachments or links from suspicious e-mails or text messages (with errors, typos, grammatical mistakes, from a different address than the official one, from unknown persons or organisations);
  9. read and comply with the Kado Europe information on risks that Kado Europe posts on the Service;
  10. interrupt the login process to the Account if the login process deviates from the normal procedure (e.g. takes significantly longer, additional windows appear or requests for additional data) and immediately inform Kado Europe;
  11. not to disclose to third parties or save data used to log in to the Account,
  12. not to make available to third parties the devices which the Client uses to log in to the Account.

5. Kado Europe shall be entitled to block the Account, Virtual Currencies or Transactions in whole or in part:

  1. for legitimate reasons relating to the security of Kado Europe or Client’s Account or Virtual Currencies;
  2. in connection with the suspected unauthorised use of your Account or Virtual Currencies;
  3. in the event that the Client used or is willing to use the Account or Kado Europe services for illegal activities, in particular if the Client violates the provisions of the UAML;
  4. in the event that the Client fails to provide Kado Europe with the information or documents necessary for Kado Europe to perform its obligations under the UAML;
  5. where the obligation to block arises from the law or from a decision of a public administration authority.

6. Kado Europe shall inform the Client in the Account that the Account, Virtual Currencies or Transactions have been blocked before they are blocked or, if this is not possible, immediately after they are blocked, unless notification is prohibited by law or notification would be unreasonable for security reasons.

7. The Client can make an unblocking request by writing or calling Kado Europe Contact Details.

8. Once the reasons for the blocking cease to exist, Kado Europe will unblock access to the Account or the Virtual Currencies, of which it will inform the Client in the Account.

X. COMPLAINTS

1. The Client may send a complaint:

  1. to the Kado Europe e-mail address given in the Contact Details; or
  2. to the Kado Europe registered office or correspondence address given in the Contact Details.

2. The complaint should contain the name and surname of the Client and a description of the reason for the complaint.

3. Kado Europe shall consider the complaint as soon as it is received, but no later than within 14 days of receipt.

4. In particularly complicated cases, making it impossible to consider the complaint, Kado Europe may request additional information or documents. Failure to provide such information or documents shall not be an obstacle to reply to the complaint.

5. Kado Europe replies to complaints:

  1. to the correspondence address provided by the Client; or
  2. to the electronic address provided by the Client; or
  3. on another durable medium.

6. The Client or the person to whom the conclusion of the Contract has been refused, being a consumer, has the right to make use of out-of-court settlement of disputes:

  1. by the locally competent Municipal Consumer Ombudsman or District Consumer Ombudsman;
  2. concerning a contract concluded via the Internet or any other electronic channel, via the ODR platform operating in the countries of the European Union, available on the website at http://ec.europa.eu/consumers/odr/

7. The court competent to settle disputes related to the conclusion and performance of the Contract concluded with:

  1. Client who is a consumer within the meaning of Article 221of the KC - is a court with local jurisdiction, determined in accordance with the provisions of the Code of Civil Procedure;
  2. The Client who is not a consumer within the meaning of Article 221 of the KC - is the competent local authority for the registered office of Kado Europe.

XI. TERMINATION

1. The contract may be terminated by mutual Contract of the parties or by notice of termination. The period of notice shall be 30 days.

2. Notice of termination of the Contract:

  1. the Client shall send to Kado Europe's registered office address or to Kado Europe's email address as specified in Kado Europe's Contact Details;
  2. Kado Europe shall send to the Client's registered office address, correspondence address, residential address or e-mail address.

3. If the Contract is terminated by the Client, the Client shall be entitled to withdraw the notice of termination until the expiry of the notice period.

4. Kado Europe may only terminate the Contract for one or more of the following valid reasons:

  1. the Client used or attempted to use the Account or the software made available to him/her by Kado Europe, to commit a criminal offence or any other unlawful act;
  2. the Client provided false information for the purpose of concluding a Contract with Kado Europe;
  3. the Client provided false information for the purposes of the Transaction;
  4. the Client has not used the Account for at least 6 months prior to receiving the notice of termination;
  5. the Client has not ordered any Transaction for at least 6 months prior to receiving the notice of termination;
  6. the Client is at least 30 days late in paying any amounts due to Kado Europe under the Contract;
  7. Kado Europe decides to close the Website (in which case all Clients will receive a notice of termination from Kado Europe);
  8. the Client has intentionally or with gross negligence used Kado Europe services for illegal purposes;
  9. there is a reasonable suspicion that funds transferred for the purpose of a Transaction originate from or are connected with criminal activity;
  10. Kado Europe cannot execute the financial security measures referred to in the UAML against the Client
  11. the Client stored content in the Account that violates point XV.1 of the Terms and Conditions.

XII. AMENDMENT TO THE TERMS AND CONDITIONS OR PRICE LIST

1. Kado Europe shall be entitled to unilaterally amend the Terms and Conditions and the Price List (other than the amount of fees and commissions) if at least one of the following valid reasons occurs:

  1. a change in the legal situation necessitating in the Terms and Conditions amendment;
  2. issuance of a ruling of a court of law or issuance of a decision, guideline, recommendation or other binding act of Kado Europe by a public administration body, resulting in the necessity to introduce changes;
  3. the introduction of new products or services, whereby the change may only relate to the introduction of provisions or changes to provisions relating to these products or services, the use of such products or services will not be compulsory for the Client, and the Client will not be charged for not using them,
  4. Kado Europe’s improvement of existing functions or services provided in order to increase the level of security, protection of personal data or to improve the usability of the functions and services provided by Kado Europe, but the change can only concern the introduction of provisions or changes to provisions related to these functions or services,
  5. resignation from some functions or services or change of existing functions or services provided by due to further inability to provide a given service in the current form or to make the function available in the current form, caused by withdrawal of the service from Kado Europe’s offer, changes in Kado Europe’s IT systems, an increase in the cost of providing a given service by at least 10% compared to the previous year, or termination of Kado Europe’s contract with the entity whose services Kado Europe used to provide a given service or make a given function available, whereby the change may only relate to the introduction, removal or amendment of provisions related to these functions or services,
  6. changes in Kado Europe operational or business processes or in the IT systems that require the Terms and Conditions amendment,  
  7. the need to clarify provisions or make editorial changes which do not adversely affect the content of the Client’s rights and obligations.

2. Kado Europe shall be entitled to change the amount of fees and/or commissions in the event of one or more of the following valid reasons occurs:

  1. a change in any consumer price index announced by the Central Statistical Office by at least 0.5 percentage points in relation to the index announced by the Central Statistical Office for the corresponding period of the previous year, if this change occurred no later than 4 months before Kado Europe announced the change;
  2. a change of at least 1 percentage point in the average salary in the enterprise sector as announced by the Central Statistical Office, if this change took place no later than 4 months before Kado Europe’s announcement of the change;
  3. issuance of a ruling by a court of law or issuance of a decision, recommendation or other binding act of Kado Europe by a public administration body, resulting in the necessity to make changes;
  4. introducing new services or products, except that the change will only apply to those new services or products, the use of such new services or products will not be obligatory for the Client, and the Client will not be charged for not using them;
  5. a change in the scope of existing services or products which results in a change of the costs of providing those services or products of at least 4%, provided that the change will apply only to those changed services or products and the direction of the change in fees is in line with the direction of the change in costs, does not exceed one times that change and occurs no later than 4 months after the change in the scope of existing services or products or together with a change in that scope,
  6. the introduction of new legislation defining the rules for the provision of services or the performance of activities by Kado Europe or defining Kado Europe’s obligations in relation to the provision of these services or the performance of activities, resulting in the need for amendments.

Changes in the amount of fees and/or commissions may only be made in accordance with the direction of the change in the index, rate or other cost of Kado Europe to which Kado Europe refers as the basis for the change.

3. Changes to the Terms and Conditions or the Price List for valid reasons referred to in points XII.1.a, XII.1.b XII.2.c and XII.2.f may only take place to the extent that such a change in the legal status or a ruling of a court or a decision, guideline, recommendation or other binding an act of Kado Europe, issued by a public administration authority imposes a recommendation or obligation on Kado Europe to change the content of the Terms and Conditions or the Price List and cannot justify a change in the Terms and Conditions or the Price List that is not necessary to perform this obligation or recommendation and at the same time goes beyond this obligation or recommendation. In such a case, Kado Europe will amend the Terms and Conditions or the Price List to the extent necessary for the correct implementation of the recommendations or the obligation referred to above.

4. Changes to the Terms and Conditions for valid reasons referred to in point XII.1. c – g may occur only if the following conditions are additionally met:

  1. the change will ensure proper performance of the Contract,
  2. the change will take place only to the extent that is objectively necessary and directly related to the given reason,
  3. this change will not lead to an increase in the mandatory financial burdens or other liabilities of the Client.

5. An increase in the fee or commission cannot exceed twice the amount of the previous fee or commission, respectively. If a new fee or commission is introduced, its amount cannot exceed EUR 100 or 5% of the amount which is the basis for its calculation. In the case of an increase in the fee or commission, the amount of which hitherto was:

  1. 0 EUR – the fee as a result of the increase may not exceed EUR 100,
  2. 0 % - the commission as a result of the increase may not be more than 5% of the amount on which it is based.

6. An increase in the fee or commission concerned on the grounds referred to in point XII. 2a. – b. and e. of the Terms and Conditions, can be done only twice in a calendar year. This means that an increase of a given fee or commission on the basis of one of these reasons in a given calendar year means that it is no longer possible to invoke any of these reasons in the same calendar year for the increase of this fee or commission.

7. A change of the fee or commission for important reasons referred to in XII. 2.c. and f. Terms and Conditions, may take place only to the extent that such a change in the state of the law or a decision of a common court of law or a decision, recommendation, recommendation or other binding act issued by a public administration body imposes on Kado Europe a recommendation or an obligation to make a specific change and may not justify a change that is not necessary to comply with that obligation or recommendation and at the same time goes beyond that obligation or recommendation.

8. Points XII.1 – XII.7 apply only to the Client who is a consumer within the meaning of the KC. In the case of a Client who is not a consumer, Kado Europe is entitled to change the Terms and Conditions and/or the Price List at any time, to any extent, in the event of any important reason

9. Kado Europe shall inform the Client of an amendment to the Terms and Conditions or the Price List (including the amount of the fee or commission) and the effective date of the amendment. The effective date of the amendment may not be earlier than 30 days after informing the Client.

10. The Client may terminate the Contract without observing the notice period until the 30th day after the date of entry into force of the changes. Failure to terminate the Contract will mean that the Client has agreed to the changes.

11. Kado Europe informs the Client of the changes;

  1. by post to the Client’s correspondence address, registered office or home address; or
  2. by e-mail to the Client’s e-mail address.

XIII. WITHDRAWAL FROM THE CONTRACT

1. The Client, who is a consumer within the meaning of the Civil Code or an entrepreneur running a sole proprietorship, may withdraw from the Contract without giving any reason by making a statement:

  1. in writing. The statement of withdrawal shall be sent to the registered office or postal address of Kado Europe;
  2. within 14 days from the date of conclusion of the Contract with Kado Europe or from the date of receipt of these Terms and Conditions, if later. The period for withdrawal from the Contract with Kado Europe shall be deemed to have been observed if, before its expiry, the statement has been sent by the Client.

2. In the event of withdrawal from the Contract with Kado Europe, it shall be deemed not to have been concluded and the Client shall be released from all obligations. The Client shall not bear any costs associated with the withdrawal. What the parties have provided (with the exception of executed Transactions and fees and commissions for executed Transactions) shall be returned, within 30 days:

  1. from withdrawing from the Contract – in the case of Client benefits or
  2. from receipt of the declaration of withdrawal – in the case of Kado Europe benefits.

3. The Client shall pay for the services performed by Kado Europe until the withdrawal from the Contract, at the rates specified in the Price List and/or in the Website. The withdrawal has no effect on the Transactions performed by the Client up to the moment of withdrawal from the Contract.

XIV. LIABILITY

1. Points XIV.2 – XIV.7 of the Terms and Conditions apply only to Clients who have concluded a Contract and use Kado Europe services as a consumer, within the meaning of the provisions of the KC.

2. Kado Europe is responsible for the non-compliance of the Services provided with the Terms and Conditions, which occurred or became apparent during the term of the Contract.

3. In the event of improper performance of the Services by Kado Europe, the Client may exercise the rights regulated in chapter 5b of the UPK. If the Service is performed contrary to the Contract, the Client may demand that it be brought into compliance with the Contract. Kado Europe may refuse to bring the Service into compliance with the Contract if bringing it into line with the Contract is impossible or would require excessive costs for Kado Europe.

4. In addition, if the Services are non-compliant with the Contract, the Client may make a declaration to either reduce the price of the Services or withdraw from the Contract, provided that:

  1. bringing the Services into compliance with the Terms and Conditions is impossible or requires excessive costs pursuant to Article 43m(2) and (3) of the UPK;
  2. Kado Europe has failed to bring the Services into compliance with the Terms and Conditions within a reasonable time from the time Kado Europe was informed by the Client of the non-compliance with the Terms and Conditions, and without undue inconvenience to the Client, taking into account nature of the Service and the purpose for which it is used;
  3. the non-compliance of the Service with the Terms and Conditions continues even though Kado Europe has attempted to bring the Service into compliance with the Terms and Conditions;
  4. the Service’s non-compliance with the Terms and Conditions is so significant as to justify either a reduction in price or withdrawal from the Contract without first resorting to a request to bring the Service into compliance with the Terms and Conditions; or
  5. it is clear from Kado Europe's statement or circumstances that Kado Europe will not bring the Service into compliance with the Terms and Conditions within a reasonable time or without undue inconvenience to the Client.

5. The Client may not withdraw from the Contract pursuant to point XIV.4 above, if the Services are provided free of charge or in exchange for the payment of a price, and the lack of compliance of the Service with the Contract is immaterial.

6. The reduced price must be in such proportion to the price resulting from the Contract, as the value of the Services that do not comply with the Terms and Conditions remains to the value of the Terms and Conditions that comply with the Regulations. When reducing the price, the time during which the Services remained non-compliant with the Contract should be taken into account. In the event of withdrawal, Kado Europe is obliged to return the price only in the part corresponding to the Service that is non-compliant with the Terms and Conditions and the Service, the obligation to provide which dropped as a result of withdrawal from the Contract.

7. Kado Europe is obliged to reimburse the price due as a result of exercising the right to withdraw from the Contract or reduce the price immediately, no later than within 14 days from the date of receipt of the statement of withdrawal from the Contract or reduction of the price. Kado Europe shall reimburse the price using the same method of payment as used by the Client, unless the Client expressly agreed to a different method of reimbursement, which does not involve any costs for Client.

XV. ILLEGL CONTENT

1. The Client may not send or store illegal content on the Website or in the Account, as well as content that:

  1. is used to commit fraud;
  2. incites violence or hatred;
  3. defames or insults any third party or group of people;
  4. violates the personal rights of any third party;
  5. contains profanity (taboo words) or other offensive content.

2. Any person or entity, including the Client, who considers the content stored on the Website or Account to be illegal or violating the terms of the Agreement may send a notice regarding this content to Kado Europe. The notice shall be sent to the e-mail address indicated in Kado Europe Contact Details.

3. The notice shall include the following information:

  1. a sufficiently substantiated explanation of the reasons why the individual or entity alleges the information in question to be illegal content or content that violates the Agreement;
  2. a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content;
  3. the name and surname and email address of the individual or entity submitting the notice, except in the case of information considered to involve one of the offences referred to in „Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography”
  4. a statement confirming the bona fide belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.

4. If the notice contains electronic contact details of the person or entity submitting the notice, Kado Europe will, without undue delay, send confirmation of receipt of the notice to this contact address.

5. Kado Europe shall process the notice within 14 days and within this period it will inform the noticing person or entity about Kado Europe's decision in relation to the content indicated in the notice. The noticing person or entity has the right to appeal against the decision of Kado Europe within 14 days of its receipt. The rules regarding notification specified in point XV.2 - 5 of the Terms and Conditions apply accordingly to the appeal. The noticing person or entity also has the right to use judicial or extrajudicial means of resolving disputes, indicated in point X of this Terms and Conditions.

6. If Kado Europe finds (based on the above-mentioned notification or as part of the information it has independently obtained) that the content sent or stored on the Website or in the Account is illegal or violates point XV.1 of the Regulations, Kado Europe may decide to:

  1. remove the content;
  2. leave content on the Website or in the Account.

The above-mentioned decision may be made by Kado Europe based on the notice or as part of the information obtained independently, and Kado Europe does not take any active measures to actively detect or identify illegal content or content that violates this Terms and Conditions.

XVI. FINAL PROVISIONS

1. The Client shall be fully liable for the consequences of any Orders given in the Account. Kado Europe shall only be liable for Transactions ordered by unauthorised persons, which Kado Europe has caused intentionally or through gross negligence. Kado Europe's liability is entirely excluded if the Client's damage is due to force majeure or the application of legal provisions, including decisions of the competent public administration authorities.

2. Pre-contractual relations and the Contracts shall be governed by Polish law.

3. The language of the Contract as well as the language of communication between Kado Europe and the Client shall be English and/or Polish.

4. The Client undertakes to ensure that the person authorised to act for and on behalf of the Client, including making declarations of intent in connection with the execution of the Contract, Orders and/or Transactions, performs all the obligations provided for in the Contract, the Terms and Conditions and any other regulations or arrangements in force between the Client and Kado Europe, including the obligations provided both to the Client and that person. Unless otherwise agreed, the acts and omissions of that person shall be treated as the acts and omissions of the Client.

5. The Client shall bear the costs of using the means of distance communication, in particular the telecommunications network, according to the tariff of his operator.

6. Kado Europe does not provide advisory services in the field of Virtual Currencies, including the scope of making investments in Virtual Currencies or the suitability of Virtual Currencies for a given purpose. The fact that Kado Europe provides Services in relation to a particular Virtual Currency does not in any way mean that Kado Europe endorses or encourages the use or purchase of that Virtual Currency.

7. In the event of a change in the data provided to Kado Europe, including contact details, the Client shall inform Kado Europe immediately, no later than within 7 days of the change occurring. If the Client does not inform Kado Europe of the change of the e-mail address specified within the period specified in the previous sentence, Kado Europe will send all information and documents to the Client and contact the Client in accordance with the previously specified address. Kado Europe may also suspend the provision of the Services to the Client until the data is updated.

8. If individual provisions of the Contract, including the Terms and Conditions, are found to be invalid or ineffective in whole or in part for any reason, the other provisions shall remain in effect.

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