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Additional rules and regulations – particular conditions for the provision of the “Pay with Walutomat.pl” service

§ 1 General provisions

  1. These Additional Rules and Regulations of Walutomat.pl (hereinafter referred to as “Additional Rules and Regulations of WTPay”) are additional rules and regulations for the provisions of payment services of Walutomat.pl (hereinafter referred to as: “Rules and Regulations of Payment Services”) and specifies particular conditions of:
    1. 1.1 placing Payment Orders initiated by the User’s Payment Instrument through Recipients who are Sellers and the execution of such Payment Services using the Shop functionalities with the participation of Paying Agents;
    2. 1.2 provision of payment services related to such Payment orders.
  2. The Additional Rules and Regulations are available at: https://www.walutomat.pl/regulaminy/.
  3. The Website Operator is Currency One SA with its registered office in Poznań, ul. Szyperska 14, 61-754 Poznań, entered in the Register of Entrepreneurs kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register, KRS number 0000402723, NIP (Tax Identification Number) 7831684097, REGON (State Statistical Number) 301920555, share capital PLN 3 450 000 (paid in full).
  4. As regards the scope which is not included in the Additional Rules and Regulations of WTPay, the Rules and Regulations of Payment Services shall apply together with the resulting provisions of the Framework Agreement, the Rules and Regulation of the Website and the applicable legal regulations, including the Payment Services Act (hereinafter referred to as: the “Act”).
  5. If there is a collision between the Rules and Regulations of WTPay and the Rules and Regulations of Payment Services, the provisions of the Rules and Regulations of WTPay shall prevail as regards payment services related to the Payment Services provided as WTPay services.

§ 2 Definitions

All capitalized terms should be understood in accordance with the meaning assigned to them below or – if such terms are not explained below – in accordance with the definitions adopted i the Rules and Regulations of Payment Services.

Paying Agent

means the provider of payment services who provides payment services to the Seller within the meaning of Art. 3 Sec. 1, item 5) of the Act. They involve the execution of WTPay Transactions excluding activities aimed at reconciling and settling such transactions in the payment system within the meaning of the act as regards the final reconciliation. These transactions were initiated by the User -through the Seller (as the accepting party) – through the use of the User’s Payment Instrument. WTPay Transactions which are referred to in the preceding sentences are executed through authorizations and sending to the Operator – as the supplier of the Payment instrument – the User’s Payment Orders are aimed to provide the amounts due to the Seller.

The Paying Agent within the meaning of the Additional Rules and Regulations of WTPay is not a notion identical with the Paying Agent within the meaning of the Rules and Regulations of the Website. In the first case, it means the provider of payment services which provides payment services for the seller at the Shop, while in the latter case it means the provider of payment services which provides payment services to the Operator. It is possible that the same provider of payment services will fulfil the role of the Paying Agent both in the first and the second meaning at the same time.

Seller

means a seller running a Shop who is a recipient within the meaning of the Rules and Regulations of Payment Services and within the meaning of the Act who is provided with payment services by the Paying Agent connected with the acceptance of funds from Buyers in connection with the performance of WTPay Transactions initiated by Users’ Payment Instruments through the Seller and their Shop; the Seller is the accepting agent within the meaning of the Act;

Authorization of WTPay Order or Authorization

means expressing by the User consent to the execution of a WTPay Transaction;

Authorization of a WTPay Order within the meaning of these Additional Rules and Regulations of WTPay is each time an Authorization of a Payment Order within the meaning of the Rules and Regulations of Payment Services, in view of which within the scope which is not regulated otherwise in these Additional Rules and Regulations of WTPay the provisions of the Rules and Regulations of Payment Services concerning each Authorization shall apply;

Payment Instrument

means a Payment Instrument which is referred to in the Rules and Regulations of Payment Services used to place a WTPay Order within the WTPay Service;

Buyer

means a person who initiates a WTPay Order concerning a WTPay Transaction at the Shop through the Seller;

Operator

means the company Currency One SA, whose details are also provided in § 1 Sec. 3 of these Additional Rules and Regulations, the meaning of this definition is also assigned in the Rules and Regulations of Payment Services

Payment Account

means a Payment Account which is referred to in the Rules and Regulations of Payment Services;

Rules and Regulations of Payment Services

this notion is defined in § 1 Sec. 1 above so it means the Rules and Regulations of the provision of payment services of the Walutomat.pl website;

Additional Rules and Regulations of WTPay

this notion is defined in § 1 Sec. 1 above so it means these rules and regulations;

Rules and Regulations of the Website

means Rules and Regulation of the Walutomat.pl website;

Website

has the meaning assigned to it in the Rules and Regulations of the Website;

Shop

means the Seller’s website available through a browser or a mobile application in which the Seller allows Shop users, including Users: (i) to purchase goods or services offered by the seller and (ii) initiate a WTPay Order by means of the User’s Payment Instrument through the Seller and with the participation of the Paying Agent;

Payment Transaction

means a Payment Transaction within the meaning of the Rules and Regulations of Payment Services;

WTPay Transaction

means a transfer of funds from the User’s Payment Account to the Paying Agent’s payment account within the WTPay service to pay to the Seller for services and goods offered by the at the Shop;

A WTPay Transaction within the meaning of these Additional Rules and Regulations of WTPay is a type of a Payment Transaction within the meaning of the Rules and Regulations of Payment Services. In view of the above, within the scope which is not regulated otherwise in these Additional Rules and Regulations of WTPay, the provisions of the Rules and Regulations of Payment Services concerning Payment Transactions shall apply to it;

Framework Agreement

means the framework agreement which is referred to in the Rules and Regulations of Payment Services, i.e. an agreement for the provision of payment services concluded between the Operator and a User of Payment Services from the moment the User of Payment Services accepts the Rules and Regulations of Payment Services;

“Pay with Walutomat.pl” or WTPay Service

means payment services provided by the Operator to the User in connection with WTPay Orders concerning WTPay Transactions aimed at a payment to the Seller; with the participation of the Paying Agent using the User’s Payment Instrument in connection with items purchased by the Buyer at the Shop;

Website User

means a User within the meaning of the Rules and Regulations of the Website;

User of Payment Services

means a User within the meaning of the Rules and Regulations of Payment Services;

WTPay Service User or User

means a Website User who is a User of Payment Services who has accepted these Additional Rules and Regulations of WTPay in the manner described in § 4 Sec. 2 and who initiates a WTPay Order as a Buyer;

whenever these Additional Rules and Regulations refer to a User without a clear specification that only a Website User or only a User of Payment Services is meant, this means a WTPay Service User.

Payment Orders

means that the Payment Order within the meaning of the Rules and Regulations of Payment Services;

WTPay Orders

means the statements of the User addressed to the Operator in connection with the WTPay Service which includes the instructions to perform WTPay Transactions;

A WTPay Order within the meaning of these Additional Rules and Regulations of WTPay is a kind of a Payment Order within the meaning of the Rules and Regulations of Payment Services, in view of which within the scope which is not regulated otherwise in these Additional Rules and Regulations of WTPay, the provisions of the Rules and Regulations of Payment Services concerning Payment Orders shall apply.

§ 3 The purpose and method of the provision of services

  1. The “Pay with Walutomat.pl” service allows the User to pay for goods or services purchased by the User from the Shop using funds deposited in the User’s Payment Account at the Website.
  2. The “Pay with Walutomat.pl” service is an additional service to payment services available within the Framework Agreement. The additional character of this service is connected with making available to the User other functionalities of the Payment Instrument which the User of Payment Services has access to under the Framework Agreement which is referred to in the Rules and Regulations of Payment Services. The aim of the additional service is to give allow Users to use the Payment Instrument also to place WTPay orders concerning the transfer of funds to to Sellers who run Shops and such transactions are initiated through such Sellers with the participation of their Paying Agents.
  3. A User placing a WTPay Order concerning a WTPay Order pays with their own funds available in the User’s Payment Account.
  4. The transfer of funds from the User (acting as a Buyer) to the Seller (acting as the Payment Recipient) within the WTPay Service is executed with the participation of the Paying Agent providing payment services to the Seller in question.

§ 4 The User – acceptance of the Additional Rules and Regulations of WTPay

  1. The WTPay Service is available only to persons who are Users of Payment Services.
  2. The User of Payment Services can express the will to use the WTPay Service by accepting these Additional Rules and Regulations of WTPay using the Website’s functionalities. The moment the Additional Rules and Regulations of WTPay are accepted, their contents become an integral part of the Framework Agreement concluded between the User and the Operator in accordance with the provisions of the Rules and Regulations.

§ 5 Process of using the service

The process of using the WTPay Service is conducted in the following order:

  1. If the Buyer already is a User the moment a WTPay Order is initiated:
    1. the Website User previously concluded a Framework Agreement with the Operator, thus becoming a User of Payment Services; the Framework Agreement was concluded in the manner specified in the Rules and Regulations of Payment Services;
    2. the User of Payment Services previously accepted these Additional Rules and Regulations of WTPay following the procedure described in § 4 Sec. 2, thus becoming a User of the WTPay Service;
    3. the User buys goods or services from the Shop;
    4. the Seller, in cooperation with its Paying Agent, presents to the Buyer methods of payment accepted at the Shop, including the method indicating the WTPay Service marked as “Pay with Walutomat” or another equivalent term; the window for payment method selection, depending on the terms and conditions for the provision of payment services by the Paying Agent to a given Seller, may appear at the Shop’s website or after going to the Paying Agent’s website;
    5. in the next step the User selects the payment method which is a WTPay service;
    6. after the selection of the WTPay Service as the payment method, the Paying Agent redirects the User to the Walutomat.pl login page;
    7. the User logs into the Walutomat.pl website; the logging in takes place on conditions specified in the Rules and Regulations of the Website, taking into consideration the conditions specified in the Rules and Regulations of Payment Services;
    8. after logging in into the Website, the User can see a properly filled out summary of the data concerning this WTPay Transaction prepared on the basis of data provided by the Operator to the Seller, which is referred to in § 6 Sec. 3, in particular the amount of the transfer, the currency and the transfer name, the User may not modify any data concerning this Payment Transaction or go to another part of the Website or place any other payment instructions;
    9. to confirm the will to execute this WTPay Transaction and place a WTPay Order, the User must:
      1. press the button confirming the placement of a WTPay Order marked as “Pay” or in another equivalent way; and
      2. properly authorize the WTPay Order in accordance with the terms and conditions specified in the Rules and Regulations of Payment Services; in particular this may occur by entering in the appropriate field an authorization code from an authorization device (e.g. SMS code); the authorization code may be sent to the User automatically after logging into the Website successfully after the redirection which is referred to in letter f. or after pressing the button which referred to in subsection i. above;
    10. after a proper placement of the WTPay Order and its proper authorization, the User is redirected to the confirmation screen where it is possible to go back to the Shop or is automatically redirected from the Website page back to the Shop page;
    11. the Operator provides funds from the Payment Account, in accordance with the contents of the WTPay Order, to the Paying Agent; the Operator is obliged to credit the amount of the WTPay Transaction to the Paying Agent’s account no later than by the end of the following business day receiving a WTPay Order; the Paying Agent shall be liable for further provision of these funds by the Paying Agent to the Seller;
  2. If the Buyer is not a User yet the moment the WTPay Order is initiated but already is a Website User:
    1. subject to letter h) subsection i), the Website User previously concluded a Framework Agreement with the Operator, thus becoming a User of Payment Services; the Framework Agreement was concluded in the manner specified in the Rules and Regulations of Payment Services;
    2. the Website User buys goods or services from the Shop;
    3. the Seller, in cooperation with its Paying Agent, presents to the Buyer methods of payment accepted at the Shop, including the method indicating the WTPay Service marked as “Pay with WT” or “Pay with Walutomat” or another equivalent term; the window for payment method selection, depending on the terms and conditions for the provision of payment services by the Paying Agent to a given Seller, may appear at the Shop’s website or after going to the Paying Agent’s website;
    4. in the next step the Website User selects the payment method which is a WTPay Service;
    5. after the selection of the WTPay Service as the payment method, the Paying Agent redirects the Website User to the Walutomat.pl login page;
    6. the Website User logs into the Walutomat.pl website; the logging in takes place on conditions specified in the Rules and Regulations of the Website, taking into consideration the conditions specified in the Rules and Regulations of Payment Services (if the Website User previously concluded a Framework Agreement which is referred to in letter a);
    7. after logging in into the Website, the User can see a properly filled out summary of the data concerning this WTPay Transaction prepared on the basis of data provided by the Operator to the Seller, which is referred to in § 6 Sec. 3, in particular the amount of the transfer, the currency and the transfer name, the Website User may not modify any data concerning this WTPay Transaction or go to another part of the Website or place any other payment instructions; and, in addition, the Website User gets an opportunity to accept these Additional Rules and Regulations of WTPay before placing the WTPay Order, and if they were not a User of Payment Services at the time – they also get an opportunity to accept the Rules and Regulations of Payment Services;
    8. to confirm the will to execute this WTPay Transaction and place a WTPay Order, the User must:
      1. if they did not meet the condition which is referred to in letter a), i.e. if they were not a User of Payment Services at the time – they must accept the Rules and Regulations of Payment Services first, thus concluding the Framework Agreement which is referred to in letter a);
      2. to accept these Additional Rules and Regulations of WTPay, becoming a User the moment it is accepted and next
      3. press the button confirming the placement of a WTPay Order marked as “Pay” or in another equivalent way; and
      4. properly authorize the WTPay Order in accordance with the terms and conditions specified in the Rules and Regulations of Payment Services; in particular this may occur by entering in the appropriate field an authorization code from an authorization device (e.g. SMS code); the authorization code may be sent to the User automatically after logging into the Website successfully after the redirection which is referred to in letter e – in particular if the balance of the Payment Account was then sufficient to continue the payment or after pressing the button which is referred to in subsection iii above;
  3. after a proper placement of the WTPay Order and its proper authorization, the User is redirected to the confirmation screen where it is possible to go back to the Shop or is automatically redirected from the Website page back to the Shop page;
  4. the Operator provides funds from the Payment Account, in accordance with the contents of the WTPay Order, to the Paying Agent; the Operator is obliged to credit the amount of the WTPay Transaction to the Paying Agent’s account no later than by the end of the following business day after receiving a WTPay Order; the Paying Agent shall be liable for further provision of these funds by the Paying Agent to the Seller;
  • If the Buyer is not a Website User at all the moment they take action aimed at initiating a WTPay Order:
    1. the Operator explains that because the Paying Agent providing payment services to the Seller has no information what payment instrument the payer will use, so in connection with the initiation of the payment at the Shop, methods of payment can be displayed to the payer which the payer cannot use because they do not have a payment instrument linked with this method;
    2. therefore, if a person using the Shop selects a method indicating a WTPay Service upon payment initiation, this person will be redirected to the Walutomat.pl login page anyway, even if it they do not have this Payment Instrument;
    3. however, such a person will not be a Website User at the time, it will not be able to log into the Website;
    4. therefore, it will be able to stop the payment process and return to the Shop, for example to make an attempt to initiate a new payment order if the Seller provides for such a functionality (in particular by selecting another method of payment supported by the Paying Agent or to re-initiate an analogous WTPay Order after acquiring the status of a User or a User of Payment Services or a Website User – so that they can place a WTPay Order in the manner described in Sec. 1 or 2 above) or abandon this payment process as a result of which the WTPay Transaction will not be executed;
    5. if, after the redirection which is referred to in letter b above, such a person does not take the actions which are referred to letter d, but it will make an attempt to register at the Website, the moment this registration procedure begins, the process of the WTPay Transaction execution will be ended negatively); despite the termination of the payment process, such a person will be able to continue to register at the Website.
  • § 6 Other principles of using and the terms and conditions of providing the WTPay Service

    1. Walutomat.pl provides the “Pay with Walutomat.pl” service without any additional fees. However, if the use of the WTPay service involves the use of other services provided by the Operator in accordance with the Rules and Regulations of the Website and Rules and Regulations of Payment Services, then, in connection with the provision of such services, the User may be obliged to pay fees resulting from the rules and regulations.
    2. Logging in to the Website in connection with the use of the WTPay Service as a result of redirection from the Shop through the Paying Agent to the Website login page gives access only mechanisms related to the continuation of placing a WTPay Order initiated in connection with items purchased from the Shop. The logging in into the Website does not give access to other functionalities of the User’s account available at the Website.
    3. After logging in to the Website in connection with the use of the WTPay Service, a page is displayed to the User which contains an automatically filled in summary of the Payment Transaction details. Such a transaction to the Seller initiated in connection with items bought from the Shop is created on the basis of details provided to the Operator by the Paying Agent and contains at least the following information:
      1. the amount of this Transaction, the currency of this Transaction, the Paying Agent’s details, the Transfer name;
      2. the information that the balance of the Payment Account kept in a currency different from the currency of the Transaction is not sufficient to fulfil a WTPay Order – if such a situation occurs.
    4. On the basis of the details concerning the amount of the initiated WTPay Transaction as provided by the Paying Agent upon the redirection from the Shop page to the Website page, the Operator verifies whether the balance of this User’s Payment Account kept in a currency in which this Transaction is to be executed is sufficient to execute the WTPay Order and informs the User in the following way:
      1. If the amount of the balance is sufficient, the Operator on the page which is referred to in Sec. 3 shall not display the information which is referred to in letter b) below and, in such a case it is possible to submit a WTPay Order.
      2. If the amount of the balance is not sufficient, the Operator on the page which is referred to in Sec. 3 shall display the information indicating the lack of sufficient funds and, in this case, it will not be possible to submit a WTPay Order; however, the User can, without stopping this payment process, top up the balance and for this purpose:
        1. they should, in a separate browser window or in the mobile service of the Website (if the payment process for the Seller is performed in the browser and not in the mobile application), log in separately to the Website in the standard manner,
        2. next, top up the Payment Account in the manner specified in the Rules and Regulations of Payment Services,
        3. return to the page on which the process of the WTPay Transaction is ongoing for the seller and press the functionality button concerning the refreshing of the balance status as a result of which the Operator shall re-verify the balance, as a result of which the information which is referred to in letter b shall cease to be displayed (if the topping up of the balance was sufficient) and shall re-display the information which is referred to in letter b (and then the User can make another attempt to top up the balance without interrupting the payment process);
        4. the User should perform the activities which are referred to in subsections (i)-(iii) before the Website login session expires within the WTPay Service, which is referred to in Sec. 6.
    5. In the process of the WTPay Transaction which concern the payment to the Seller within the WTPay Service, no currency exchange is performed at the Website. Therefore, the User must have funds at the Website within services provided on the basis of the Rules and Regulations of Payment Services in the currency in which the WTPay Transaction was initiated at the Shop. If the User does not have a sufficient balance in the currency of the initiated of the WTPay Transaction, they will receive a message about an insufficient balance which is referred to in Sec. 4 letter b) and in this case they can top up this balance in the manner described in Sec. 4 letter b).
    6. After logging in to the Website and in connection with the use of the WTPay Service and going to the page which is referred to in Sec. 3 should place a WTPay Order, i.e. press the button confirming the placement of a WTPay Order marked as “Pay” or in another equivalent way; and properly authorize a WTPay Order in accordance with the terms and conditions specified in the Rules and Regulations of Payment Transactions within less than 5 minutes after logging into the Website.
    7. After the end of the period which is referred in Sec. 6 (i.e. 5 minutes after logging into the Website), the session expires, it will not be possible to continue the payment process to the Seller and place a WTPay Order or to Authorize it and if attempts are made to continue this payment process, the User will be informed that it is impossible
    8. If the session expires (i.e. after the end of the period which is referred to in Sec. 6), the User will be able to return to the Shop page.
    9. At any time, the User may stop the session connected with logging into the Website in connection with the use of the WTPay Service by logging out of the Website.
    10. After logging out of the Website, the User will be redirected to the Shop page or the Paying Agent’s page.
    11. If the User logs out of the Website before performing the activities confirming the placement of a WTPay Order and its Authorization, it will be tantamount to stopping the payment process to the Seller and the execution process of the WTPay Transaction will be terminated with a negative result (which the Paying Agent will be informed about).
    12. After placing a WTPay Order and its Authorization, the User may not cancel it, in accordance with the provisions of the Rules and Regulations of Payment Services.

    § 7 Final provisions

    1. The user may give up using the WTPay Service:
      1. by terminating the Framework Agreement in whole, i.e. as regards all kinds of payment services provided by the Operator, by doing it in accordance with § 9 of the Rules and Regulations of Payment Services.
      2. by making a declaration, in accordance with § 9 Sec. 1 and 2 of the Rules and Regulations of Payment Services, concerning partial termination of the Framework Agreement, i.e. in the scope referring to the additional service – the WTPay service; this declaration shall result in the User’s renouncement of the possibility of using the WTPay Services (until the potential subsequent acceptance of the Additional Rules and Regulations of WTPay) while remaining a party to the Framework Agreement as regards other payment services provided by the Operator to this User.
    2. The Operator may terminate the Framework Agreement in full (which means with the inclusion of services provided in accordance with the contents of these Additional Rules and Regulations of WTPay) in accordance with the provisions of § 9 of the Rules and Regulations of Payment Services. Moreover, it is entitled to terminate the Framework Agreement only in the part referring only to the possibility of using the additional service by the User – the WTPay services (thus, the Framework Agreement shall remain in force within the scope of the remaining payment services) if:
      1. the Operator finds out that the User uses the WTPay Service with a breach of the Rules and Regulations of Payment Services or the Additional Rules and Regulations of WTPay, legal regulations or fair trade principles;
      2. the Operator determines that the User in connection with the use of the WTPay Service, provided false data or information or, in particular, used false, falsified or invalid documents;
      3. the Operator establishes that WTPay Orders submitted by the User are aimed at doing harm to other Users of the Website or third parties;
      4. the guidelines of state authorities or recommendations of these authorities require termination of cooperation with the User which is connected with the WTPay service,
      5. it is found or if there is a justified suspicion that the User uses the WTPay Service for fraudulent purposes or that the use of the WTPay Service by the User creates the risk of generating security threats.
    3. After terminating the Framework Agreement in the part referring to the WTPay Service, the provisions of § 9 of the Rules and Regulations of Payment Services which concern the termination of the Framework Agreement (in whole) shall apply appropriately.
    4. The provisions of the Rules and Regulations of the Payment Services concerning changes to to the Framework Agreement shall apply to these Additional Rules and Regulations of WTPay, i.e. § 11 of the Rules and Regulations of Payment Services.