CoinMover TERMS & CONDITIONS
CoinMover reserves the right to update these Terms and Conditions at any time without notice, subject to the applicable rules and regulations of the Commonwealth of Massachusetts, United States Federal Government, European General Data Protection Regulation, et seq, as defined below.
By accessing and using CoinMover Services and/or the ATM Kiosks, you agree that you will not violate any law, contract, intellectual property or other third-party right, or commit a tort, and that you are solely responsible for your conduct while using these Services. You further agree that you will abide by these Terms and:
WILL NOT use the ATM Kiosk in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying CoinMover Services, or that could damage, disable, overburden or impair the functioning of these Services in any manner, including any physical damage or defacement of the ATM Kiosk;
WILL NOT use the ATM Kiosk to pay for, support, or otherwise engage in any illegal activities, including, but not limited to illegal gambling; illegally acquired music, movies or other content; sexually-oriented materials or services; fraud; money-laundering; terrorist financing; or the purchase or sale of illegal or controlled substances.
WILL NOT use any robot, spider, crawler, scraper, or other automated means or interface not provided by CoinMover to access the provided Services or to extract data;
WILL NOT use any hardware or software to bypass, disable, or interfere with the ATM Kiosk, or the Verification Process or use or attempt to use another user’s account without authorization;
WILL NOT attempt to circumvent any content filtering techniques CoinMover employs, or attempt to access any service or area of CoinMover Services that you are not authorized to access
WILL NOT use develop or deploy any third-party applications, software, or hardware that interact with CoinMover Services without prior written consent;
WILL NOT use provide false, inaccurate, or misleading information
Any hostile nefarious action involving CoinMover Kiosks or Services will be met with swift action from CoinMover Legal Counsel, and all appropriate local, state and federal authorities. You probably know what that means; disrupting, hacking, damaging, or reverse engineering CoinMover systems.
NO REPRESENTATIONS ABOUT VIRTUAL CURRENCIES OR INVESTMENT ADVICE
From time to time, CoinMover may run advertisements relating to virtual currencies. As with any other advertisement, no representations made by an advertiser are the representations of the Company; the Company does not make any representation or warranty regarding any advertised products, and fully disclaims any liability arising from the same. No representations made on CoinMover advertisements constitutes a “public offering,” “investment advice,” or “personalized” recommendations within the meaning of the rules and regulations promulgated by the Securities and Exchange Commission.
The value of cryptocurrency is volatile by nature and CoinMover is not a financial or tax advisor to you.
DISCLAIMER OF LIABILITY
The Company has taken all reasonable efforts to ensure that the information contained in its web site and the ATM Kiosk display screens is accurate; however, all information, and all products sold via CoinMover ATM Kiosks or by any of its affiliates are provided “as is” without any express or implied warranties.
CoinMover strives to provide you with the best possible service, but we cannot include a warranty.
USER NOT FORBIDDEN FROM USING ATM KIOSK SERVICES
By using any feature, interface tool or icon, keypad entry, or other input or use of any a CoinMover ATM Kiosk (the “Services”), you represent and warrant that you:
- (a) are of legal age to form a binding contract;
- (b) that you have not previously been suspended or removed from using the Services;
- (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party;
- (d) that you are not under the control of, or a national or resident of, any country to which the United States has embargoed goods or services;
- (e) that you have not been identified as a “Specially Designated National” by the U.S. Office of Foreign Assets Control (‘OFAC’); and
- (f) that you have not been placed on the U.S. Department of Commerce’s Denied Persons List. If you are using the Services on behalf of a legal entity, you further represent and warrant that:
- (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and
- (ii) you are duly authorized by such legal entity to act on its behalf.
You certify you’re eligible to use CoinMover services because you’re of legal age, you have NOT been banned previously elsewhere, and the government does not have registered as a nefarious person of character.
ACCURATE INFORMATION PROVIDED THROUGH THE ATM KIOSK
Prior to using CoinMover Services, you must provide all information requested by the kiosk and CoinMover, which may include, but not be limited to, name, address, social security number, driver’s license or Government-issued ID scans, and photographic images (“Personal Information”). You acknowledge that CoinMover will analyze and validate your identity by reference to the Personal Information to determine whether you qualify to use the ATM Kiosk (“Verification Process”).
CoinMover uses various third-party services to assist it in the Verification Process, and disclaims responsibility for any loss, delay or other harm relating to the Verification Process. Your use of the kiosk may be delayed during the Verification Process. If your Personal Information does not pass the Verification Process, or if you fail to provide any of the Personal Information required to use the kiosk, you will be denied access to it.
To perform certain transactions, you must provide information to CoinMover certain necessary to pass a verification process.
WITHDRAWAL, PURCHASE, AND SALE ORDERS ARE ACCURATE, COMPLETE, LAWFUL, AND FINAL
In order to withdraw virtual currency that you purchased or stored using the ATM Kiosk, you must log into your account and use the kiosk user interface. When you withdraw from or deposit virtual currency in the kiosk, your transactions are public insofar as they are stored on the public ledger of the cryptocurrency that you are purchasing and selling; as they are confirmed via public ledger using the distributed consensus network for that virtual currency (e.g., the Bitcoin Network or Blockchain).
Before you can sell virtual currency from your account, all deposits of such virtual currency to a valid wallet must be confirmed on the public ledger for that virtual currency.
All transactions are legal and final.
ORDER COMPLETION CONTINGENT (IN PART) ON SATISFACTION OF TERMS AND CONDITIONS
In order to accept an offer to purchase or sell virtual currency, you must satisfy any terms and conditions stated in the Offer Terms, including without limitation, by fulfilling the requirements outlined below.
(a) Purchase Order Completion. To complete your purchase of virtual currency from the ATM Kiosk in accordance with the applicable Offer Terms, you must insert cash into it.
(b) Sale Order Completion. To complete your sale of virtual currency through the ATM Kiosk in accordance with the applicable Offer Terms, the following must occur:
(i) you must send virtual currency to the virtual currency address associated with your account in our hosted wallet, of which will be displayed on the kiosk.
(ii) you can then use the ATM Kiosk to sell virtual currency from your account, whereupon the kiosk will confirm initial receipt of funds from your wallet and set the transaction to “pending confirmations” status, where the system will wait until the required number of block confirmations are made.
(iii) you will be notified via e-mail and/or SMS text once the blockchain has confirmed the transaction, then the ATM Kiosk will disburse cash in the amount of U.S. dollars specified in the Offer Terms, calculated by the exchange rate specified in the Offer Terms at the time they were shown to you.
Upon completion of a purchase or sale transaction, you will choose whether to have your receipt printed or emailed or sent via SMS text to you. Our one-way (buy only machines) offer email and SMS as they don’t have printers. Our two-way machines allow for a printed receipt, plus SMS and email options. Your receipt will include the exchange rate used to calculate the value of the virtual currency or U.S. dollars that you purchased or sold.
These are an overview of the general steps you need to take to buy or sell cryptocurrency at CoinMover kiosks.
Estimated Delivery. For purchase transactions, CoinMover will endeavor to send virtual currency to your designated address within a reasonable timeframe but cannot guarantee that the virtual currency will be transmitted to your address within any specific timeframe. The amount of virtual currency that is transmitted to your address, however, will not be any different than the amount stated in the sales receipt that is provided to you in your Order.
Conditions and Restrictions. CoinMover may, at any time and in our sole discretion, refuse or reject any Order, impose limits on the Order amount permitted, or impose other conditions or restrictions upon your Order without prior notice. For instance, we may refuse to execute your Order if you are a resident of a state where we do not engage in purchase or sale transactions, or we may refuse to execute your Order if the amount of the Order exceeds certain daily limits.
Taxes. It is your responsibility to determine what, if any, transactions you complete using the Services, and any profit or loss you obtain therefrom. You are responsible for any sales, use, value-added, or similar transfer taxes that are imposed in connection with the Service. We reserve the right to collect or recover such taxes from you at any time where required or permitted by.
Fees. You agree to pay the fees for transactions completed via our ATM Kiosk (“Fees”) as provided in the Offer Terms. You further agree that CoinMover may deduct its fees from the amount of U.S. dollars dispensed or virtual currency sent to you.
We’ll deliver your crypto as quick as possible, but we may have to limit or reject certain orders for any reason we deem necessary.
There are no cancellations or refunds. Sending and/or receiving cryptocurrency by its very design is a one-way transaction.
Consult your tax advisor for the best advice regarding your tax situation specifics.
Should you break our agreement, you will hold CoinMover and its affiliates harmless for liability.
Notwithstanding anything to the contrary herein, CoinMover reserves the right, without notice and in its sole discretion, to terminate your permission to use the Services, and to block or prevent your future access to and use of the Services.
We can stop doing business with you at any time for any reason.
APPLICABLE LAW; ARBITRATION
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and CoinMover agree to notify each other in writing of any dispute within thirty (30) days of when it arises. You and CoinMover further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Boston, Massachusetts; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (d) that the state or federal courts in the state of Suffolk County, Massachusetts, have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration.
WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND THE COMPANY WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
This section explains the laws and regulations applicable to this agreement.
We do business in the Commonwealth of Massachusetts, and the States of New Hampshire and Washington and adhere to its laws.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR ATM AND SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
CoinMover strives to provide you with the best possible service, but we cannot include a warranty.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR ATM OR SERVICES OR ANY PURCHASE OR SALE TRANSACTION OCCURRING VIA AN ATM, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS OR SERVICES.
Just like your bank isn’t liable for you losing a $100 bill on the street or at a blackjack table, CoinMover is not liable for what you do with your funds.