1. General provisions

Bitguana’s Rules for Consideration of Disputes (hereinafter, the “Rules”) establish the procedures for consideration of complaints and / or disputes between the Parties to the Loan Agreements concluded on the Platform, and also for consideration of complaints and / or disputes in relation to the use of the Platform administered by the Operator.

Complaints made against the Operator by either Lenders or Loan Recipients shall be handled in line with the procedures established in the applicable legislation. In any case, where the Registered Users of the Platform believe that the Operator violated their rights and / or legitimate interests, the Registered Users shall be entitled to complain to the Operator through the procedures herein established.

2. Definitions

Please refer to the Bitguana Platform’s User Agreement for the definition of any capitalized terms used in this Policy.

3. Procedures for filing a complaint

The Registered Users of the Platform who believe that the Operator has violated their rights and / or legitimate interests in relation to any of the Services provided by the Operator shall be entitled to complain to the Operator in writing, specifying the circumstances of the dispute and / or complaint and the specific demand requested to correct or compensate the alleged wrongdoing by the Operator. The filing and submission of the complaint by the Registered User shall be subject to the following requirements:

▪ The complaint may be submitted either by the Registered User personally or through an appointed nominee or representative whose powers must exercised through the applicable legal means required for these purposes in the relevant jurisdiction -e.g. a notarised (and if necessary, apostilled) power of attorney. When filing or presenting a complaint against the Operator, the Registered User‘s representative shall be obliged to present a notarized (and apostilled) copy of his / her ID, together with the document that confirms his / her right to represent the Registered User.

▪ When submitting or filing a complaint to the Operator, the information provided by the Registered User or the representative in the complaint must be detailed and supported by documents that prove the grounds to the complaint, in order to be acceptable by the Operator;

▪ The complaint must explicitly specify the alleged violation of the Registered User‘s rights, the demand requested, and the date of the complaint;

▪ The complaint must also specify the Registered User or the representative‘s name, surname, personal code, residence address, phone and email, and it must include the signature of either the Registered User‘s or a nominee representative of the Registered User;

The complaint may be submitted or presented to the Operator by the complainant in person, at the Operator‘s registered address, or sent by courier to the address specified for the Operator at the Website or at the User Agreement, or alternatively it can be submitted by email, attaching the scanned and signed complaint and the supporting documentation, to the following email address: complaints@bitguana.com.

4. Procedure for the consideration and decision in relation to the complaints submitted to the Operator

4.1. All the received complaints that meet the requirements herein specified are subject to registration in the received complaints journal of the Operator. The Operator‘s employee that registers the complaint shall transfer the complaint to the responsible employee of the Operator on the same day. The following complaintidentifying data shall be registered in the complaints registration journal:

▪ Complaint registration number;
▪ Registered User’s or representative‘s name, surname or company‘s name;
▪ Registered User’s or representative‘s address specified in the complaint;
▪ Date and method of receiving of the complaint;
▪ Nature of the complaint;
▪ Complaint actions or omission to act by the Operator, and types thereof;
▪ Deadline for responding to the complaint;
▪ Final deadline to obtain a decision in relation to the consideration of the complaint.

4.2. Complaints not meeting the requirements provided for in clause 2 of these Rules shall be returned to the person that filed the complaint, specifying the reason for returning of the complaint.

4.3. When replying to a complaint to the Registered User, the Operator shall be entitled to establish a period of no less than seven (7) calendar days to correct any aspects in the complaint submitted –e.g. to redetermine the complaint‘s grounds, or to provide additional supporting documents or data necessary to consider the complaint. Where the Applicant corrects the flaws within the period provided for by the Operator, the complaint shall be deemed to be properly filed from the date on which the complaint was initially filled / submitted to the Operator.

4.4. Complaints not meeting the requirements herein set forth, as well as complaints with flaws that are not corrected by the Registered User within the period established by the Operator shall not be considered and shall be returned to the person that filed the complaint.

4.5. The Operator shall be obliged to consider the complaint and give a response to the Registered User within fifteen (15) business days after the day of the complaint‘s receipt.

4.6. Upon the receipt of the Registered User‘s complaint, the Operator’s responsible employee shall take it into consideration under the applicable legal framework and adopt one of the initial following decisions: (i) to uphold the demand, or (ii) to uphold the demand partially, or (iii) to reject the complaint.

4.7. The decision by the responsible employee on the complaint received shall be registered in the journal and sent to the Registered User‘s email address or mailing specified in the complaint.

4.8. Where the Operator agrees, either fully or partially, to the demands requested by the Registered User in the complaint submitted to the Operator, the Operator shall specify, together with the decision, the actions that will be taken and / or not taken as well as the amount, way and time frame of the compensation for the losses incurred by the Registered User through the fault of the Operator or the other Registered Users.

4.9. Where the Registered User is not satisfied with the Operator’s decision, the Registered User shall be entitled to take legal action in court.

4.10. The Operator shall be entitled to declare the complaint not acceptable:

▪ Where the Registered User‘s complaint filed is already being considered by another complaintconsidering institution or by court;
▪ Where a decision by the Operator or by another complaint-considering institution or by court has been already adopted on the same subject-matter and on the same grounds;
▪ Where the grounds for the complaint are explicitly covered by the Operator’s approved rules and / or agreements in relation to the use of the Platform, which the Registered User has already accepted (signed).

5. Final provisions

These rules are published on the Operator’s Website and shall come into effect upon the publishing of the same on the Website and shall be effective without limit in time, up to the approval of an updated version of these Rules.

Considered complaints as well as the materials related to the consideration of a complaint are subject to being stored by the Operator for a period of three (3) years following the submission of a decision by the Operator.