Terms & Conditions
Last Revised : 23th Sep, 2019
This is a contract and binds you to the terms and conditions set forth below, which include limitations on our liability and your remedies. Use of our Service is subject to terms, conditions, limitations, and risks set forth below. You represent that you are at least 18 years old, buying for your own account and use, own the wallet used, will comply with all applicable laws and consent to be contacted by us at the phone number you provide us. We currently do not serve clients whose primary residence is in Hawaii, New York, North Carolina, Washington, and Wyoming due to regulations around virtual currency in these states.
YOU AGREE TO ARBITRATE DISPUTES AND WAIVE RIGHT TO TRIAL BEFORE A JURY OR JUDGE AND WAIVE THE ABILITY TO BRING OR JOIN CLASS ACTIONS.
YOU ACKNOWLEDGE THAT BITCOIN IS NOT LEGAL TENDER AND NOT BACKED BY THE U.S. GOVERNMENT, AND THAT TRANSACTIONS ARE IRREVERSIBLE, AND ACCEPT ALL RISK OF LOSS, INCLUDING DUE TO NON-ACCEPTANCE, LOSS, THEFT, FRAUD, ACCIDENT, CYBER-ATTACK, OR BITCOIN SCAMS (such as craigslist scam, IRS scam, social security scam, utility scam, used cars/eBay motors scam, check cashing scam, investment scam, and others).
BY USING THE SERVICE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICE.
BelcoBTM Cryptocurrency Kiosks Terms And Conditions
These Terms and Conditions (“Terms”) are a legally binding contract between you and BelcoBTM, LLC (“us,” “we,” “our”). By using our Services (defined below), you agree to be bound by the Terms posted on our Services at the time of each use of the Services. To be eligible to use the Services, you must be (i) at least 18 years old; (ii) purchasing virtual currency for yourself and not for any other person; (iii) comply with all applicable laws and the terms and conditions set forth below and in any additional terms that apply to our Services that are incorporated by reference herein (“Additional Terms”), and (iv) accept the risks disclosed below.
Our “Services”(Cryptocurrency ATMs, Mobile Application, Web Application, and Payment Gateway) include access and use of our kiosks and any additional or related tools or methods incorporated therein or utilizing any of our kiosks. Through our Services, we provide you with a simple and convenient way to purchase or sell Virtual Currency. You may also use our Services to purchase and sell digital assets directly from and to us.
“Virtual Currency” means any type of digital unit that is used as a medium of exchange or a form of digitally stored value, including Bitcoins and other cryptocurrencies.
Consent to Communications
We may send you messages to the phone number you provide us, such as to authenticate you and facilitate the completion of a transaction. By providing us a phone number, you consent to be called and/or sent text messages by us. Transactional messages are required to complete a transaction. Each transaction will be a new consent to receive transactional and informational text messages as well as welcome calls from us. For texts, Msg. & Data Rates May Apply, and some carriers and phones may not support our text messaging. You represent and warrant that any contact information you provide is your own and that you consent to be contacted in that manner.
Changes to Terms
We may make changes to the Terms, including when there are changes in our Services, technology, law, and regulation, or for other reasons. Any change in Terms become effective when posted. Your continued use of the Services following the effective date of such changes will constitute your acceptance of such changes.
IF YOU DO NOT AGREE TO ANY TERMS, YOU MUST NOT USE OR MUST DISCONTINUE USING THE SERVICES.
At any time, and in our sole discretion, we may refuse or limit any transaction submitted through our Services, impose limits on transaction amounts permitted via our Services, or impose any other conditions or restrictions upon your continued use of our Services without prior notice. Your transaction limits may vary depending on our AML/KYC policy, verification steps you have completed, and other factors. We reserve the right to change applicable limits as we deem necessary in our sole discretion.
For transactions through our Services, you may not change, withdraw, or cancel your authorization to complete a transaction.
In the event of an error, whether via our Services, in a purchase or sale order confirmation, in processing your purchase or sale, or otherwise, we reserve the right to correct such error and revise your purchase or sale transaction accordingly or to cancel the purchase or sale and refund any amount received. You agree that in the event of an error, your sole remedy is to cancel your purchase order and obtain a refund of any amount charged.
No Returns or Refunds
You understand that all transactions, sales, and purchases made via our Services are final. We are not obligated to accept or provide for any returns or refunds, unless otherwise provided for in these Terms, or as required by law.
Virtual Currency Risk
You acknowledge and agree that the value of Bitcoins and other Virtual Currencies is highly volatile and that buying, selling, and holding them involves a high degree of risk. We cannot and do not guarantee the value of Bitcoins or any other Virtual Currency. You acknowledge and agree that we are not responsible for any errors or omissions that you or any third-party makes in connection with any transactions initiated via the Services. You understand that Bitcoins and other Virtual Currencies are transferred through a blockchain which is a shared public ledger and is outside of our control. We cannot and do not confirm, cancel, or reverse any transactions. Once a transaction request has been submitted to the decentralized network via the Services, the network will complete or reject the request and you will not be able to cancel or otherwise modify your transaction request.
Disclosures and Consents
We request you accept and consent to all of the following disclosures to you about Virtual Currency:
- Virtual Currency is not a Legal Tender, is not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections.
- Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of Virtual Currency.
- Transactions in Virtual Currency are irreversible, and, accordingly, losses due to fraudulent or accidental transactions are not recoverable.
- Some Virtual Currency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction.
- The value of Virtual Currency may be derived from the continued willingness of market participants to exchange Fiat Currency for Virtual Currency, which may result in the potential for a permanent and total loss of value of a particular Virtual Currency should the market for that virtual currency disappear.
- There is no assurance that a person who accepts a Virtual Currency as payment today will continue to do so in the future.
- The volatility and unpredictability of the price of Virtual Currency relative to Fiat Currency may result in significant loss over a short period of time.
- The nature of Virtual Currency may lead to an increased risk of fraud or cyber-attack.
- The nature of Virtual Currency means that any technological difficulties experienced by us may prevent the access or use of your Virtual Currency.
Authorized and Acceptable Uses of Services
You are permitted to access and use our Services, only for your own personal legitimate and lawful use consistent with these Terms and any Additional Terms. You are responsible for any access or use of the Service using your wallet, account, or Personal Information (defined below), and ensuring that your personal and other wallet or account information submitted to us is current and correct. The loss or compromise of this information may result in unauthorized access. You are solely responsible for all activities that occur under your account or wallet address and/or submitted Personal Information whether or not you authorized the activity. It is your sole responsibility to ensure that you legally obtained the Virtual Currency which you attempt to sell through our Services.
Personal Information We Collect from You
We collect several types of information from users of our Services, including information by which you may be personally identified, such as your photograph, name, postal address, e-mail address, telephone number, and/or a copy of your driver’s license/passport or other photo identification you provide to us (collectively, your “Personal Information”). We collect Personal Information directly from you when you provide it to us, such as when you use our kiosk to take your photograph. We use your Personal Information to provide the Services to you and store your Personal Information on secured servers behind firewalls. We may disclose your Personal Information to comply with any court order, law, or legal process, including to respond to any government or regulatory request.
Identity Authentication and Information
You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your social security number or a taxpayer identification number, fingerprint through our Kiosks and other information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your financial instruments, or verifying your information against third party databases or through other sources. We may also ask to see your driver’s license or other identifying documents at any time, and you consent to our review, scanning, duplication, storage, and use thereof, in connection with your access to and use of the Service, to the fullest extent permitted by applicable law. You agree that the information you provide to us during the identity verification processes is accurate and complete. Pursuant to applicable law and regulations and/or our policy we reserve the right to verify your information, refuse, close, suspend, or limit access to you and/or the Services, in whole or in part, temporarily or permanently, in the event we are unable to obtain or verify this information or where you fail to provide sufficient information to verify your identity with us in our sole discretion.
By using our Services, you agree that you will not engage in any prohibited, unlawful, or abusive conduct. You represent you are not an individual or entity that is owned or controlled by persons or entities that are: (i) the subject of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control, the U.S. Department of State, the United Nations Security Council, or any other state governmental authority; (ii) identified on the Denied Persons, Entity, or Unverified Lists of the U.S. Department of Commerce’s Bureau of Industry and Security; or (iii) located, organized or reside in a country or territory that is, or whose government is, the subject of U.S. economic sanctions. You confirm that you will not use our Services, or any Virtual Currency obtained through the Services, in connection with any illegal activities or in any manner prohibited by applicable law, including without limitation, converting the proceeds of illegal activities into Virtual Currency, or converting Virtual Currency obtained through illegal activities into Fiat Currency. You agree that you will not: (i) engage in any activities through or in connection with the Services that seek to attempt to or do harm any individuals or entities or are unlawful or that violate any right of any third party, or are otherwise objectionable to us; (ii) misrepresent your identity when using the Services; (iii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Services by any means whatsoever or modify any Services source or object code or any software or other products, services, or processes accessible through any portion of the Services; (iv) engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services, or otherwise causes harm to the Services, us, or other users of the Service; (v) interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services; (vi) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Services, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services, through password mining or any other means; or (viii) otherwise violate these Terms or any applicable Additional Terms. You agree and represent that we may at all times monitor, review, retain and/or disclose any information needed to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request, or for our own security and other business purposes. Without limiting the generality of the foregoing, you consent to our taking pictures or recordings of your use of the Services and of your driver’s license or another form of identification, and to our use of those pictures and recordings in connection with our business purposes. We reserve the right to suspend, cancel, and/or cease to provide you with Services, in whole or in part, immediately and without notice, if we determine, in our sole discretion, that your activities violate any applicable law, this Prohibited Activities Section or any other Section of these Terms or Additional Terms.
Intellectual Property Rights/Trademarks/Copyright
BelcoBTM LLC, our logo, and our Services are trademarks or service marks of BelcoBTM LLC, or its affiliates or licensors. You may not copy, imitate, or use them without our prior written consent. Using them in a manner that harms us, our brand or any other action that implies an untrue endorsement by or affiliation with us is prohibited.
Discontinuance of Services
Our Services may evolve over time, and we may suspend or terminate some or all of our Services at any time. This means we may make changes, replace, or discontinue, temporarily or permanently, our Services at any time for any reason with or without notice.
Disclaimer of Warranties
AS PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH NO WARRANTY OR REPRESENTATION OF ANY KIND. EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS, WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, AND QUIET ENJOYMENT. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH IN THESE TERMS, OR APPLICABLE ADDITIONAL TERMS.
We make no representations or warranties about the suitability of the information, hardware, software, products, and services contained in or related to our Services for any purpose, or their compliance with any accounting rules, principles, or laws, and expressly disclaim any representation or warranty that the Services will be free from errors, viruses, or other harmful components. You are solely responsible for the manner and method with which you access the Services and we make no representation or warranty that such will be compatible with our Service.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY US OR OUR SUPPLIERS, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) OUR LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY US TO THE EXTENT NOT WAIVALBE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
As permitted by applicable law, you agree to hereby defend (if we request), indemnify, and hold harmless, us, our subsidiaries, affiliates, related parties, and each of their officer’s directors, employees, agents, and independent contractors, from and against any claim or demand, including reasonable attorney’s fees, that may be made by any third-party, that is due to, or arising out of, your conduct in connection with our Services; your violation of these Terms or applicable Additional Terms, your violation, or alleged violation, of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of, or your activities in connection with, our Services; or any other violation of the rights of another person or party. You will cooperate as fully required by us in the defense of any claim and losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all claims and losses and reserve the right to assume the exclusive defense and control of any claims and losses. You will not settle any claims and losses without, in each instance, the prior written consent of an officer of BelcoBTM, LLC. The foregoing is not intended to limit any legal rights to the extent not permitted to be subject to limitation or waiver under applicable law.
Limitation of Liability
As permitted by applicable law, you understand and expressly agree that we shall not be liable for any damages, direct or indirect, including but not limited to damages for lost profits, goodwill, data, use, or other intangible losses, resulting from, or arising out of, use of our Service; your inability to use our Service; the cost of obtaining substitute goods or services resulting from any transactions entered into through our Service; unauthorized access or alteration of any data transmissions; statements or conduct of a third-party about our Service; or any other matter related to the Service, and we shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information. This liability provision is limited to only disclaimers and limitations of liability that are lawful under applicable law. Our liability is limited to the maximum extent as permitted by law.
Disputes, Arbitration and Governing Law
Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Service, these Terms, or any applicable Additional Terms, (collectively, “Dispute”) shall be in New Jersey. Each party submits to personal jurisdiction and venue in New Jersey for any and all purposes.
Arbitration of Claims
All actions or proceedings arising in connection with or related to a Dispute, and/or the scope of the provisions of the Disputes and Arbitration Section shall be submitted to JAMS (jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in New Jersey, before a single arbitrator. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates lawyers, insurance providers, auditors, and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (except as limited by these Terms) in a court of competent jurisdiction in New Jersey or, if sought by us , such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the any court having jurisdiction over the parties, which may be made ex parte, for confirmation and enforcement of the award.
Limitation on Injunctive Relief
AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED USED, OR CONTROLLED BY ANY US OR OUR LICENSORS OR RELATED PARTIES.
These Terms and any applicable Additional Terms, Disputes, and any other claim brought by you against us, or by us against you pursuant to this Section, or otherwise related to the Service, will be governed by, construed, and resolved in accordance with, the laws of New Jersey, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This Section shall be governed solely by the Federal Arbitration Act, 9 U.S.C. 1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and we agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. Either party may seek enforcement of this Section in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
Class Action Waiver
As permitted by applicable law, both you and we waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
Small Claims Matters
Notwithstanding the foregoing, either of us may bring a qualifying claim of Dispute in small claims court, subject to the class action waiver. The provisions of this Section shall supersede any inconsistent provisions of any prior agreement between the parties. This Section shall remain in full force and effect notwithstanding any termination of your use of the Services or these Terms.
If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms, or any Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms, or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter.
These Terms constitute the entire and exclusive agreement between us and you regarding its subject matter and supersede and replace any previous or contemporaneous written or oral contract warranty, representation, or understanding regarding its subject matter.
No waiver or modification of any term of these Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. Our failure to exercise or enforce any right or provision of these Terms, or any Additional Terms, will not constitute a waiver of that right or provision.
If you have any questions, please contact us:
- By email: firstname.lastname@example.org
- By phone number: +1-888-848-3033