Terms and Conditions
Terms and Conditions
BY PURCHASING OR SELLING VIRTUAL CURRENCIES VIA ANY OF OUR AUTOMATED KIOSKS (“KIOSKS”), YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SALE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CREATE AN ACCOUNT, PURCHASE OR SELL ANY VIRTUAL CURRENCIES VIA THIS OR ANY OF OUR KIOSKS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, SIMPLY DO NOT CONDUCT A TRANSACTION AND DO NOT INSERT or WITHDRAW CASH INTO OR FROM ONE OF OUR MACHINES.
- “Company” is a Florida limited liability company engaged in the business of purchasing and selling virtual currencies via automated kiosks.
- “Customer” is any individual or entity that uses the Company’s Kiosks for the purchase or sale of virtual currencies. Customer represents and warrants that (a) he/she is of legal age to form a binding contract; (b) he/she has not previously been suspended or removed from using the Company’s Kiosks or from purchasing or selling virtual currencies; and (c) that he/she has full power and authority to enter into this agreement and in doing so will not violate any other agreement to which Customer is a party. If Customer is using the Kiosk on behalf of a legal entity, then Customer further represents and warrants that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) Customer is duly authorized by such legal entity to bind it and act on its behalf.
- Virtual Currencies are a SPECULATIVE AND RISKY investment. Please contact a financial advisor and technical advisor prior to purchasing virtual currencies for investment or transactional purposes. Company does not provide investment or technical advice. Customer is solely responsible for conducting any transactions and is attesting that Customer has adequate knowledge of virtual currencies and current market conditions to conduct your transactions.
- Company charges a $4.95 flat fee on all purchases and sales of virtual currencies. In addition to the $4.95 flat fee, the Company charges a 10.8% premium to the market rate as determined by the Company. The “Exchange Rate” is equal to the $4.95 flat fee plus the 10.8% premium on the market rate determined by the company. The “market rate” is calculated using the current market rate from one of the most popular U.S. virtual currency exchange. The Company reserves the right to determine what U.S. virtual currency exchanges will be used in determining the market rate. The Company may in its sole discretion change its formula to determine the Exchange Rate without notice to the Customer.
- Customer may call Company’s support hotline for a discount to the fees. Discounts are available at the company’s sole discretion. Customer can contact the company at 1-877-817-3536.
- First time customers who dispute any fees will be allowed to receive 100% of fees refunded for the first transaction they complete. The fee refund request must be in writing via email at firstname.lastname@example.org and within (3) business days. Company will not refund any amounts due to a change in the price of a virtual currency.
- You may not transfer or assign any of the rights you have under this agreement without Company’s consent. Company reserves the right to transfer or assign this agreement or any right or obligation under this agreement at any time.
- Governing Law: This agreement shall be governed, construed, and enforced in accordance with the laws of the State of Florida, without regard to its conflict of laws rules.
- Governing Venue: Any action pursuant hereto shall be in the appropriate state or federal court in Miami, Florida.
- Notices shall be sent via email to: email@example.com
- Company may request and retain the following information which are commonly found on government ID’s: Name; Photographic Identification; Address; Phone Number; e-mail address; Date of Birth; and Social Security Number; Other information found on a government issued ID.
- Customer agrees and consents to receive electronically all communications, agreements, documents, notices and disclosures (“Communications”) that company provides in connection with your use of Company’s products and services. Communications include: (1) access code text (SMS) message associated with every transaction attempted at this kiosk; (2) Updates to this agreement; (3) Receipts; (4) Company Promotions and Updates.
- Should you not wish to receive communications from the company, please notify the company immediately in writing.
- Company reserves the right to close your account if you withdraw your consent to receive electronic communications.
- Risk Factors. Customer should be aware that bitcoin is not backed by any physical commodity, such as gold or silver; not backed by the United States or any other national government; not legal tender for debts; and not insured by the Federal Deposit Insurance Corporation (FDIC) or any government agency. Customer should be aware that there is a potential for you as a consumer to lose all of your virtual currency. Though cash can also be lost, with virtual currency, this loss can occur because of a computer failure; malicious software attach; an attack, closure or disappearance of a virtual currency exchange company, digital wallet software or APP provider; lack of security; loss of private keys; or a sudden dramatic change in market value. These are just a few examples. Some virtual currency users have been unable to access their legitimate virtual currency account because of heavy traffic by other users or a prevalence of criminal (or legal) activity in virtual currency use. To protect yourself, become educated as to the potential risks before deciding whether you want to transact in bitcoin.
- Limitation of Liability. In no event will Company be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Company, or representatives thereof, are advised of the possibility of such damages, losses or expenses. By using the Kiosk, Customer agrees not to bring any claim personally against the Company, its officers, directors, employees, or their respective affiliates, in respect of any losses Customer suffers in connection with utilizing the Kiosk. Customer assumes all risks including, but not limited to loss of funds due to system failure, payment processing failure, hacker attacks, unauthorized access, or other causes, failure of the machine to dispense cash, bitcoin, or receipts. All transactions are displayed with the amount of bitcoin that will be accepted or dispensed per Customer’s entered or received dollars. Bitcoin BUY/SELL rates are subject to real time variances. In general, as the network is growing it is not uncommon to see, for example, the same network fee that might be applied to a transaction of thousands of dollars, to be applied to a transaction of a single dollar, and that amount could even be greater than a dollar. Customer acknowledges and accepts that there is a learning curve in the use of Bitcoin and this learning curve is solely Customer’s responsibility. Company does not store or record, nor can it EVER recover Customer’s Paper Wallet key printed on the receipt, the paper wallet keys are generated in volatile memory for only a microsecond and then purged so only someone with direct real time access to the BATM circuitry with extensive knowledge and equipment attached to the microchips would be able to read your paper wallet, unless the BATM is disassembled. Customer’s paper wallet is securely generated, protect it as if it were actual cash, spendable by anyone who finds it, not recoverable by anyone if destroyed, marred, or rendered unreadable, cover the Private Key at the bottom at all times, even a camera at a great distance could potentially read this QR code without Customer’s knowledge. Transfer Paper Wallet Receipts to a backed up wallet medium ASAP, or copy the wallet for safe cold storage. Furthermore, Bitcoin is not a U.S. SEC (Security Exchange Commission) instrument nor is it FDIC insured. Company is not an exchange regulated by the SEC and may or may not choose to buy or sell Bitcoin at its sole discretion and may adjust Customer’s buy/sell limits at any time. Bitcoin is in its infancy and hence a risky and volatile currency of which nobody knows if it will ultimately become a good or bad investment.
PO Box 2510
Ft. Lauderdale, FL 33303