Terms of use - BitBay Estonia

Terms of use valid from 30.07.2020

This terms of use is valid from 30.07.2020. The archival terms are available here.

§ 1 General Provisions

  1. The present Rules and Regulations define the rules for the provision of electronic services by BB Trade Estonia OÜ based in Harju maakond, Tallinn, Lasnamäe linnaosa, Lõõtsa tn 8a, 11415, Estonia, entered in the register of business companies as No. 14814864 (further referred to as: ”BitBay”) as part of bitbay.net services and the subdomain (further referred to as: ”the Website”) and they also define the rules of use of the Website by its Users.
  2. The BitBay communication and information system comprises a set of co-operating IT devices and software which ensures processing, storage, sending out and receiving data via telecom networks to and from terminal equipment compatible with the network type involved.
  3. The system gathers the Users’ personal data and their processing is done in line with the Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (“General Data Protection Regulation”) and with the Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA.
  4. The rendering of electronic services by BitBay consists in providing Users with the possibility to interact, supported by the Website, in order to help them to buy and sell cryptocurrencies available on the Website (further referred to as ”the Website”). BitBay does not engage in speculation on the Website’s currencies — it is not a market maker. The exchange rates of the particular cryptocurrencies available on the Website are defined only by transactions made by the Users with zero interference from BitBay.
  5. The service is provided to:
    • a) Natural persons with full legal capacity (i.e. individuals aged 18 years or more who have full legal capacity),
    • b) Other entities which enjoy legal capacity under other relevant laws, have accepted the Rules and Regulations, and signed the Service Agreement (further referred to as “the Users”).
  6. BitBay informs those concerned that the function and purpose of software or data which are not part of the Website content but are introduced into the User’s IT system by bitbay.net are described in the Privacy Policy available on the Website delivering services, in the tab “Privacy Policy”.
  7. The service is provided against payment. The detailed rules of payment collection are specified in the Table of Fees and Charges which is attached to these Rules and Regulations and available on the Website in the tab “Table of Fees and Charges.”
  8. A Service Agreement is concluded by clicking the button ”Register here” during the registration of an account on the Website (further referred to as “Account registration”).
  9. Registration of an account on the Website signifies acceptance of these Rules and Regulations.
  10. By accepting these Rules and Regulations, the User declares that he or she is:
    • a) aware of the risks carried by investment in cryptocurrencies and of the fact that one of those risks is a potential loss of all the invested financial means caused by cryptocurrency exchange rate movements;
    • b) aware that the main risk facing every Internet user, including the users of electronic services, is that some third parties may take control over the User’s device or in some other way take possession of personal data in order to gain access to the User’s account on the Website and, as a consequence, steal the User’s financial means; the responsibility for the above-mentioned potential events rests solely on the User, who is not entitled to make any related claims against BitBay.

§ 2 Technical conditions of using the Website

  1. The correct operation of the Website requires a device with access to the Internet and a browser (e.g. Mozilla, Opera, Chrome) which supports Java Script and cookies. BitBay informs Users that using an outdated browser may cause a malfunction of the Website.
  2. The User bears full responsibility for ensuring technical compatibility between his or her computer hardware, terminal equipment, the IT system or telecom system, and the Website.
  3. When updating the Website in connection with modifications resulting from technological changes, BitBay will notify the User on this fact by means of an e-mail sent to the address recorded on the Website or by posting a relevant message in a visible place on the Website. Change of the technical requirements is not considered a change of the Rules and Regulations, unless it prevents BitBay from providing the service to the User.
  4. BitBay reserves the right to suspend or terminate rendering of individual functionalities of the Website for the purpose of maintenance, inspection, or upgrading the technical base, if that proves to be necessary to ensure stability of the Website operation. BitBay will do everything in its power to warn Users in advance and will specify the date and time of the necessary maintenance break.
  5. BitBay reserves the right to limit access to selected or all functionalities of the Website as may be required by the law of the area where the particular User is based.
  6. The Website uses the software technology available in the client-server architecture. A client of a given cryptocurrency is an open-source multiplatform application which communicates with the given network over the Internet. The Website is not responsible for any wrong operation on the side of the cryptocurrency Client.

§ 3 Terms of service

  1. Users may access the service by logging in to the Website on the website bitbay.net. The use of any external applications, overlays or plug-ins to access the service is at the exclusive risk of the User, for which BitBay cannot be held responsible.
  2. The moment at which a transaction is posted on the User’s account balance is understood to be the moment at which the transaction between Users of a cryptocurrency sale contract is concluded. At all times, the price listed in an offer to buy or sell a cryptocurrency is chosen by the User and the decision to list a transaction offer on the Website represents solely the will of the Website user. The Website has never guaranteed nor does it guarantee now any profits on the cryptocurrency’s gains and losses.
  3. BitBay does not guarantee that the order book displayed by the User’s browser represents its actual entries and values at all times. The efficiency of displaying the current rates or values of the bids made depends, among other things, on the User’s browser performance and on the speed and stability of the Internet connection.
  4. The User can make payments to the User’s account with methods specified on the Website in the tab “Payment Methods” and in the instructions available on the Website. Whenever payment to the User’s account is made by bank transfer, the correct transfer description must be given for each type of fiat currency.
  5. Payments to the User’s account made by bank transfer from a bank account which does not belong to the User will be returned within 30 days to the bank account from which the payment was originally made, at the cost and risk of the sender. Whenever the sender cannot be identified, the refund will be made to the account of the Polish Post (Poczta Polska S.A.) or of any other operator involved in the transfer. The refunded amount will be reduced by the cost of the return transfer. Should the refundable amount be smaller than the minimum amount given in the Table of Fees and Charges available on the Website, it will be charged as a handling cost.
  6. When ordering a pay-out by bank transfer, the User must give the data of the bank account from which he has earlier made any payments to the User’s account and that bank account will be the payment transferee.
  7. All transfers must bear the first name and surname, account number, and address of the account owner, as well as a transfer description; for international transfers, a SWIFT number must also be given. Failure to meet this requirement may result in cancellation of the transfer.
  8. Transfers made in fiat currencies are immediately updated according to sessions of the bank which serves BitBay, except for Saturdays, Sundays, and public holidays (“Work Days”).
  9. Pay-outs made in fiat currencies are ordered for execution within 2 (two) working days.
  10. The minimum exchange value of a single (ASK) and (BID) transaction is given in the Table of Fees and Charges attached to the Website. Transactions of a lower value may be left unexecuted.
  11. The fee for a service rendered (via the Website) is automatically charged on the User’s account upon registration of the transaction.
  12. Under universally binding law, a cryptocurrency is not a financial instrument or an electronic payment instrument.
  13. Funds expressed in fiat currencies and paid by the Users towards their transactions are at the exclusive disposal of those Users.
  14. The User is obliged to protect his passwords, e-mail accounts, and data necessary to log in to the Website and, in particular, these data must not be released to any third parties.
  15. Neither the use of the BitBay bank account used for feeding the User’s account for operations connected with the User’s business nor the use of this account by any third parties as a billing account is permissible.
  16. The User may not carry out any illegal operations when using the Service, in particular:
    • a) using the service for purposes which are directly or indirectly unlawful, or which violate these Rules and Regulations, the rules of community life, or generally accepted practices;
    • b) using the service in a way which violates the rights of BitBay, the law, or the rights of any third parties;
    • c) providing to the IT system or to BitBay any data which:
      • cause interruption of work or overloading of the IT system of BitBay or third parties that, directly or indirectly, take part in the rendering of the Service;
      • in other ways violate the law, these Rules and Regulations, the property of BitBay or any third parties, the rules of community life, or generally accepted practices.

§ 4 Terms of concluding and terminating the contract

  1. To access the service, the User must register on the Website. Clicking on the ”Register here” button during the registration process on the Website signifies that the User acknowledges that he or she has agreed to enter into a Service Agreement for an unspecified period of time.
  2. To register, the User must enter his or her e-mail address, a unique User account name, and the User’s PIN.
  3. When registered, the User is allocated an individual code (User account) which enables the service to function. Each User is allowed to have one User account on the Website.
  4. To access the full functionality of the User account, the User must identify him- or herself by:

    • a) (if the User is a consumer) providing the details of a document confirming the User’s identity, plus his or her first name and surname, citizenship, address of residence, country of birth, fiscal residency, any important political position held, phone number, date of birth, and PESEL personal identification number. If the User does not possess a Polish state-issued PESEL number, an equivalent identification number issued by the relevant national agency should be provided or a statement submitted that the User has no PESEL number allocated;
    • b) (if the User is a corporation) submitting a scan of an extract from the corporation’s entry in the Trade Register, information on the type of business activity performed, a scan of the document confirming the allocation of a Tax ID (NIP) and REGON statistical identification number if such numbers are not shown in the extract from the entry in the Trade Register, as well as details of a document confirming the identity of the person authorised to represent the User, that person’s first name and surname, citizenship, address, fiscal residency, country of birth, any important political position held, phone number, date of birth, and PESEL number. Persons representing the Users who are not Polish nationals and have no PESEL number should provide the equivalent identification number or submit a statement that they have no PESEL number allocated. The User is also obligated to provide the above-specified information about all the actual beneficiaries of the User, down to the identities of natural persons.
  5. Furthermore, the User must, for verification purposes, deliver to a BitBay officer a document confirming his identity in the form of a .jpg or .png scan or image sent by means of a form on the Website. The scan/image of the identity document must meet the following requirements: the data and information on the document must be clear, all edges of the document must be visible and none of them may be obscured. The file must show no trace of any digital processing (e.g., no removal of any element from the image with a graphic editing programme). BitBay may ask the User to deliver a photograph of an identity document showing the User’s face and document in the same frame (selfie) or it may ask for contact over the telephone or a video communicator (e.g. Skype, Google Meet).
  6. The verification of the address of the User or representative may be completed based on a .jpg or .png image of an invoice (e.g., water, electricity, or other utility bill) an agreement with an institution of public trust, an official letter, a bank statement, confirmation of bank transfer from a financial institution containing the User’s address data, name and surname, and the date of issue (not older than 6 months).
  7. The service is rendered through the Website at the domain bitbay.net and at its subdomains.
  8. To secure the funds and cryptocurrencies gathered on the User’s accounts, BitBay uses security methods described on the Website in the Security tab.
  9. To ensure proper verification and analysis of the User so as to prevent financial fraud, BitBay has the right to scan open information sources available on the Internet and to perform metadata analysis.
  10. BitBay obeys the European and national AML/CFT law, that is, regulations counteracting money laundering and financing of terrorism, especially Directive (EU) 2015/849 of the European Parliament and of the Council 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 (Official Journal of the European Union, L 141, 5 June 2015, page 73) then amended by Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU. The use of services offered by BitBay by the User is an acknowledgement of acceptance of the relevant application of the above regulations.
  11. The User may stop using the service and terminate the Service Agreement at any time and with immediate effect on terms described in these Rules and Regulations.
  12. The Service Agreement is terminated:
    • a) at the User’s demand with immediate effect,
    • b) by BitBay in situations described in the Rules and Regulations.
  13. A necessary condition for User-initiated Service Agreement termination is the settlement of account balances of all User portfolios in the Website to 0 (zero).
  14. Having met the condition defined in Section 13 above, the User may terminate the Service Agreement by giving notice in an e-mail sent to the following address: [email protected]
  15. Termination of the Service Agreement by the User results in cancellation of the User’s account, after which logging in to the User’s account impossible will not be possible. In this case, the data submitted by the User will be deleted from the Website, unless relevant law dictates otherwise. BitBay is obliged, by the tax law and the law on counteracting money laundering and financing of terrorism, to store the User’s settlement details after termination of the Service Agreement for a period defined in that law.
  16. BitBay may temporarily stop service delivery to the User should a suspicion occur that the law, the Rules and Regulations, the rights of BitBay, third party rights, the rules of community life, or good practices have been substantially violated for as long as it may take to clarify whether such a violation has in fact taken place and whether this violation was in fact substantial.
  17. If the User has materially violated the law, the Rules and Regulations, the BitBay rights, third party rights, the rules of community life, or good practices, BitBay is free to terminate the Service Agreement.
  18. If the law has been broken or if the User was not correctly identified or verified during registration, the Service Agreement is immediately terminated under Section 17 above.
  19. With the exception situations as specified in Section 18 above, termination of the Service Agreement under Section 17 takes place with a 7-day notice, whereby BitBay stipulates that during the notice term, service delivery and the Website functionalities available to a User whose Contract has been terminated may be limited solely to the ability to withdraw money from the User’s account.
  20. Given that BitBay is an entity providing the service of exchanging virtual and fiat currencies, it is obliged to comply with legislation on counteracting money laundering and terrorism financing, especially EU regulations stemming from the laws referred to in Section 10 hereinabove and from the Estonian law on counteracting money laundering and terrorism financing dated October 25, 2017. Therefore, BitBay is entitled to terminate a Service Agreement whenever the User uses the service in a way contradictory to the law on preventing money laundering and terrorism financing, or when the User is in breach of the company’s relevant internal regulations described in the Internal Policy, which is available on the Website in the Security tab.
  21. A User who was not correctly identified or verified will have their Service Agreement terminated with immediate effect on the grounds of Section 20 hereinabove.
  22. With the exception of situations as specified in Section 21 above, the termination of the Service Agreement under Section 20 hereinabove takes place with a 7-day notice, whereby BitBay stipulates that during this notice term, the delivery of the service and the Website functionalities available to the User whose Contract has been terminated may be limited solely to the ability to withdraw money from the User’s account.
  23. A temporary stoppage in rendering the service limits the User’s access to the Website until BitBay clarifies whether a violation of the law, the Rules and Regulations, the rights of BitBay, the rights of third parties, the rules of community life or good practices was a real fact and whether it was substantial.
  24. The termination of the Service Agreement with immediate effect and the expiry of the notice period completely deprive the User of the possibility to use the User’s account. In order to withdraw funds from the User’s account on the Website, the User must contact the BitBay Support Department at the e-mail address [email protected] within 14 days after the contract termination date.
  25. Pay-out of funds present on the User’s account in both fiat currency and cryptocurrency will be made as ordered by the User, providing that the refund should be made, respectively, to a bank account or portfolio which belongs only to the User, following prior identification and verification.
  26. If the User fails to place an order to withdraw funds present on the User’s account within the period defined in Section 25 above which has passed after termination of the Service Agreement, the funds are converted into an interest-free deposit.
  27. Service Agreement termination with immediate effect may cause the deletion from BitBay’s IT system of all the data entered into the system by the User, unless:
    • a) the relevant law dictates otherwise, or
    • b) the removal of all the data entered by the User from BitBay’s IT system is impossible due to the type of service.
  28. BitBay warns Users that in a situation where BitBay has terminated a Service Agreement on the grounds of the provisions of these Rules and Regulations, it will not enter into any business relations with the User involved again, and will not conclude a new Service Agreement with that User, and the possibility to register a new account on the Website will be blocked.
  29. BitBay will have the power of preventing (blocking) access to data entered into BitBay’s IT system by the User in the following situations:
    • a) after receiving official notification that the stored data or operations related to it are illegal,
    • b) after obtaining a reliable report or information that the stored data or operations related to it are illegal.
  30. In the case mentioned in Section 29 above, BitBay will immediately notify the User of its intention to close (block) access to data. The notification will be delivered to the e-mail address or telephone number indicated by the User and confirmed during registration or, if these were changed by the User after registration, to the updated and confirmed e-mail address or telephone number.
  31. If BitBay receives from any state agency of any European Union member-state or any other institution established by international agreement to which Estonia is a party any decision which imposes a duty to freeze the User’s funds or cryptocurrencies kept on the User’s account or to put them into a deposit account of that agency or institution, the User’s account will be suspended and the funds present on it will be moved to the above mentioned account or their withdrawal will be blocked until a new court decision or judgement finally resolves the issue of the frozen funds. The same consequences will follow a blockade of the bank account in which BitBay’s funds are kept on the grounds of any order issued by one of the above-mentioned agencies or institutions. In that situation, BitBay will, within 7 days of the blockade, notify the User of the reasons why access to funds has been denied, unless such notification is unlawful. BitBay, at the explicit request of competent organs or agencies, and after receipt of the relevant documents, will have the right to disclose the User’s data to the above-mentioned institutions.
  32. It is acceptable to replace the entity which provides the service with another entity associated with BitBay in order to ensure continuous rendering of the service in line with the Rules and Regulations. A change of the service providing entity will take place in conformity with the law. Such change of the service provider must not trigger modification of the Terms of Service into ones less beneficial to the Users. If a change of the service providing entity referred to in this paragraph takes place, the entity which has provided the service so far ceases to be a party to the agreement signed with the User and stops providing the service to the User.
  33. Whatever the procedure of terminating the agreement, the User may withdraw all funds gathered in a fiat currency and in the cryptocurrencies listed in the User’s portfolios on the Website, in line with the principles set forth in the Rules and Regulations.

§ 5 Protection of personal data and privacy policy

  1. The principles of processing personal data used and processed by BitBay, as well as regulations on the Privacy Policy available on the Website, in the Privacy policy tab are attached to the present Rules and Regulations as its integral part.
  2. The Administrator processes the Users’ personal data primarily in order to correctly perform the terms of the Agreement.
  3. The administrator processes Users' personal data for the purposes for which these data were originally collected. If the original purpose of processing personal data for which the data was collected has changed, the Administrator is obliged to inform the user before such further processing, in accordance with art. 13 section 3 of the EU Regulation, and when it is necessary - to withdraw from the User consent to the processing of personal data referred to in Article 6 para. 1 lit. a EU Regulations.
  4. The Administrator has the duty to protect the personal data of the Website Users.

§ 6 Responsibility

  1. The User is responsible for any operations done after logging in with the log-in and password.
  2. The User uses the service at their own risk, which does not exclude or limit the responsibility of BitBay connected with rendering the service insofar as it cannot be excluded or limited on the grounds of the law.
  3. BitBay is responsible to the Users for failure to render or inappropriate rendering of the service according to the Rules and Regulations, unless a failure to render or inappropriate rendering of the service is caused by circumstances for which BitBay is legally not responsible.
  4. BitBay is not responsible for the consequences of any failure to perform or inappropriate performance of liabilities other Users may have assumed in relation to the User.
  5. BitBay is not responsible for:
    • a) removal of data entered by the Users into BitBay’s IT system via IT systems which are beyond the control of BitBay,
    • b) the consequences of releasing the log-in and password by the User to third parties,
    • c) the results of transactions conducted on the User’s account if they were ordered or carried out after logging into the User’s account with the User’s log-in and password,
    • d) the results of operations or inactivity of external operators or other entities providing services to the Users as part of the implementation of the particular functionalities of the Website,
    • e) a delay in displaying the service on the User’s equipment caused by servers other than BitBay’s servers or by devices used by the User,
    • f) transaction registration time when charging the portfolios of the particular cryptocurrencies,
    • g) the User entering wrong data for payment or withdrawal of funds; if such an operation must be cancelled, the User will be charged with the bank fee or service operator’s fee,
    • h) financial loss suffered by the Users and caused by an inability to carry out transactions on the Website during a maintenance break,
    • i) the User’s financial loss caused by currency rate movements at the time when a particular transaction or the User’s account was blocked in line with the Rules and Regulations or at the demand of state organs,
    • j) problems or restrictions of technical nature, including the speed of data transmission by the computer hardware, terminal equipment, IT system, or telecom infrastructures which serve the User but prevent them from using the service,
    • k) consequences of the service being used by the User in a way contradictory to the relevant law, the Rules and Regulations, or the generally accepted rules of community life or good practices.
  6. The Rules and Regulations apply taking into account the Users’ rights under the consumer law.

§ 7 Intellectual property

  1. BitBay holds the title to works, signs and trademarks available on the Website in the scope required to provide the service.
  2. Works, signs and trademarks available as part and in order to provide the service are under protection prescribed by the law.
  3. The User has the right to use the works in a way defined by the law on fair private use.
  4. Any use going further than fair private use requires prior consent from the authorized entity.

§ 8 Complaint procedure

  1. Whenever the User finds that BitBay services are not provided in line with the Rules and Regulations, the User may make a complaint in the following way:
  2. A complaint can be made:
    • a) in written form by sending a letter to: BB Trade Estonia OÜ, Harju maakond, Tallinn, Lasnamäe linnaosa, Lõõtsa tn 8a, 11415 Estonia; or
    • b) in electronic form by sending an e-mail to: [email protected];
  3. A complaint should include:
    • a) the name (log-in) which identifies the User on the Website,
    • b) the subject and circumstance which justifies the complaint,
    • c) the proposed way of settling the complaint.
  4. Complaints are handled in the order in which they are lodged but not later than within 14 (fourteen) days. Whenever a complaint does not contain information necessary for its examination, BitBay will ask the User to add this information and the 14 (fourteen) day period will start running on the day on which the additional information is delivered. In justified cases BitBay may extend the time of examining the complaint by an additional 14 (fourteen) days and the person submitting the complaint will be notified of this fact. Whenever services provided by external entities are involved, the complaint handling time may be extended by the expected time of handling the complaint by that entity, about which the User will be informed. Data of such an external entity will also be released to the User.
  5. The person submitting a complaint will be informed about the way of resolving the complaint in the same form in which it was submitted.
  6. The User has the right to appeal against BitBay’s decision regarding the complaint. The provisions of Section 2, 3, and 4 of this paragraph apply respectively.

§ 9 Transaction security procedures

  1. Whenever BitBay has a justified suspicion, especially a suspicion that funds or cryptocurrencies used in a transaction come from criminal activity, it reserves the right to freeze such a transaction or the User’s account and to report the justified suspicion to law enforcement and judicial authorities. This report is separate from other measures BitBay will take independently. BitBay has the right to keep the User’s account frozen until such doubts are cleared (e.g. by a new verification of the User) or until a respective decision comes from the competent authorities.
  2. Whenever the User’s data stored on the Website are found incomplete, incorrect, or outdated, BitBay will be authorized to require the User to undergo a new verification process described in § 4 of the Rules and Regulations or to deliver additional documents as needed in the particular case.
  3. Acceptance of these Rules and Regulations is equal to the User’s consent for BitBay to subject the User to the additional verification process, referred to in Section 2.
  4. In the case where doubts about the source of funds or cryptocurrency used in transactions are not resolved and additional verification fails to identify the User or if there is uncertainty whether the User’s declaration of will regarding the transaction is free of faults, BitBay will refuse to carry out the transaction.
  5. Whenever—under circumstances referred to in Section 1—BitBay has already accepted any transfers of money or cryptocurrency, it is allowed to freeze the transaction by depositing this cash or cryptocurrency on the blocked User’s account, on BitBay’s deposit account, or in a court deposit until the appropriate law enforcement and judicial authorities offer a final verdict saying who is the owner of the funds.
  6. BitBay may, following a reasonable request of a bank or other financial institution which suspects a fraud, freeze the transaction process by depositing the cash or cryptocurrency on the blocked User’s account, on BitBay’s deposit account, or in a court deposit until the appropriate law enforcement and judicial authorities offer a final verdict saying who the owner of such funds is.
  7. If BitBay manages to identify the money or cryptocurrency owner beyond any doubt with its own forces, it will make an independent decision on returning these funds to their owner.
  8. BitBay will immediately inform parties to a suspended or blocked transactions of this fact.
  9. A delay in finalising a transaction caused by its suspension or account blockage, or return of funds after blocking the transaction caused by measures taken in connection with the User’s operations which were found inconsistent with the Rules and Regulations or by measures taken by BitBay on the grounds of these Rules and Regulations (e.g., the necessity to carry out additional User verification) does not provide grounds for any claims against BitBay, especially, any claims for lost profits.
  10. Procedures mentioned in § 9 apply also when the User makes transactions on behalf of third parties. In that case, the User verification may also include (apart from the verification procedure described in Section 2) in particular, a demand that the User provide verification data of those third parties for which the transactions are made as required by Section 2 of this paragraph and submission of a legal authorisation for carrying out these transactions on behalf of those third parties.
  11. Under the circumstances referred to in Section 10 above, the provisions of this paragraph shall apply respectively.
  12. If necessary, BitBay will not seek the User’s permission to release the User’s identification data to authorities, referred to in Section 1, including the data provided by the User in the verification process, referred to in Section 2 and other information available on the User’s operations on the Website.

§ 10 Amendments to the Rules and Regulations

  1. BitBay is authorised to amend the Rules and Regulations and such amendments become effective at a date set forth by BitBay. The amendment date may not come sooner than 7 days after delivering a modified version of Rules and Regulations to the User. Amendment of the Rules and Regulations must be communicated to the User by a letter sent to the e-mail address ascribed to the User’s account.
  2. If the User does not accept the Rules and Regulations amendments, the User shall forthwith contact BitBay by ordinary mail or by an e-mail message sent to the following address: [email protected] in order to have the agreement terminated.
  3. Modification of the Table of Fees and Charges, and the Payment Methods, is not considered to be an amendment to the Rules and Regulations.

§ 11 Applicable law

  1. The law of the Republic of Estonia is applicable to the User-BitBay agreements on services provided on terms set forth in the Rules and Regulations.
  2. Any disputes related to the services provided by BitBay will be solved by the appropriate common courts.
  3. A User who is a consumer has the opportunity to choose an out-of-court complaint and claims settlement method. Information about access to such a procedure and the method of solving disputes is available, among other places, on the EU Internet platform ODR at: http://ec.europa.eu/consumers/odr/.