1. USER INFORMATION
By using the Services, you represent and warrant that you (a) are of legal age to form a binding contract; (b) have not previously been suspended or removed from using our Services; (c) 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) are under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (e) have not been identified as a “Specially Designated National” by the U.S. Office of Foreign Assets Control; and (f) 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.
1.3 Personal Information and Identity Verification
Prior to your use of the Services, you must provide all information requested by ECC through the BATM, 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 ECC will analyze and validate your identity by reference to the Personal Information to determine whether you qualify to use the Services (“Verification Process”). ECC disclaims responsibility for any loss, delay or other harm relating to the Verification Process. Your use of the Services 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 access the Services, you will be denied access to the Services. If you believe your access to the Services has been wrongly denied, please contact firstname.lastname@example.org.
2. VIRTUAL CURRENCY WALLET
When you use our services, virtual currency that you store, sell in exchange for U.S. dollars, or that you purchase from ECC is stored in a virtual currency wallet that is managed by YOU. You should always hold the private key that is associated with this wallet, which is necessary to send virtual currency from the wallet to an external virtual currency address.
2.1 Withdrawals of Virtual Currency
To withdraw virtual currency that you purchased or stored, you must open your wallet and use the ECC user interface at the BATM. When you withdraw virtual currency from or deposit virtual currency to your wallet, your transactions are public; as they are confirmed via public ledger using the distributed consensus network for that virtual currency (e.g., the Bitcoin Network or Blockchain).
2.2 Deposits of Virtual Currency
Before you can sell virtual currency from your wallet, all deposits of such virtual currency to the wallet must have been confirmed on the public ledger for that virtual currency.
2.3 No Control Over Public Distributed Consensus Networks
Because the public distributed consensus networks that are used to confirm transactions of your virtual currency are decentralized networks of independent third-parties, ECC has no control over them, and therefore cannot and does not ensure that any deposit to or withdrawal from your wallet will be confirmed on these networks. You acknowledge and agree that the deposit and withdrawal requests you transact may not be completed, or may be substantially delayed, by the distributed consensus network for that virtual currency.
ECC imposes limits on the amount of virtual currency that you can buy, sell, or withdraw using the Services in any single day. ECC, in its sole discretion, may change the limitations as it deems necessary or appropriate from time to time.
2.5 No Cancellations or Modifications
Once a transaction to withdraw virtual currency from your account to an external virtual currency address has been submitted to the public distributed consensus network for that virtual, you will not be able to cancel or otherwise modify your transaction request. ECC has no ability to facilitate any cancellation or modification requests. As a result, all buy/sell requests initiated by you are irreversible.
3. PURCHASE AND SALE ORDERS
The following terms apply to any purchase or sale of virtual currency carried out via a BATM.
3.1. Order Information
You must provide all information requested by ECC through the BATM in connection with any order for the purchase or sale of virtual currency (each, an “Order”), including: (a) for purchase Orders, the amount of U.S. dollars you intend to spend in connection with the purchase and the virtual currency wallet address (or “address”) to which ECC will send the virtual currency you purchase; and (b) for sales Orders, the amount of virtual currency you intend to sell. You are solely responsible for the accuracy of any Order information you submit via the BATM.
3.2 Offer Terms
When you place an Order for the purchase or sale of virtual currency at a BATM, you will be shown the box for the purchase or sale of the virtual currency (“Offer Terms”), which will include: (i) the exchange rate being charged for the virtual currency you intend to purchase or sell, (ii) the fixed fee that will be charged by ECC to complete the Order, as further described in Section 4 below; and (iii) for sale transactions only, the Offer expiration time, which is the deadline by which the virtual currency you intend to sell to ECC must be received by ECC or its designated agent.
3.3 Order Completion
To be able to accept ECC’s 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.
3.3(a) Purchase Order Completion
To complete your purchase of virtual currency from ECC in accordance with the applicable Offer Terms, you must insert cash into the BATM to pay ECC, whereupon ECC will credit you the amount of virtual currency calculated by the exchange rate specified on the machine to your virtual currency wallet. Once your purchase is complete, you will be able to enter your wallet the funds were deposited for use.
3.3(b) Sale Order Completion
To complete your sale of virtual currency to ECC 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, (ii) you can then use the BATM to sell virtual currency from your wallet to ECC, whereupon the BATM 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.
You may not conduct more than $4,500 in aggregate transactions in any given day, whether alone or in concert with other ECC customers. You may only sell as much virtual currency as you have in your currency wallet.
Upon completion of a purchase or sale transaction, you will choose whether to have your receipt SMS messaged or emailed to you. Your receipt will include the amount of crypto currency purchased or sold and the value of the transaction. A transaction ID will also be created. Please reference this transaction ID with any questions or issues.
3.5 Estimated Delivery
For purchase transactions, ECC 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. For sales transactions, ECC will dispense U.S. dollars to you after it has confirmed receipt of the virtual currency that you sent to ECC wallet address and you present and scan your payment ticket at the BATM.
3.6 Funds Sources Accepted
BATM’s will only accept and disburse cash and virtual currency as described in Section 3.3 above.
3.7 Conditions and Restrictions
ECC may, at any time and at 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.
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.
4.1 Amount of Fees
You agree to pay ECC the fees for transactions completed via our BATM (“Fees”) as provided in the Offer Terms. The fee is built into the buy exchange rate price displayed on the screen of the of the BATM, this is the price you are purchasing the crypto currency for in the transaction. Each transaction has a fixed fee also associated with it. This fee is displayed on the exchange screen. You further agree that ECC may deduct its fees from the amount of U.S. dollars dispensed or virtual currency sent to you. Fixed fee will range from $1.00-$5.00 per transaction. Exchange fee’s will vary from 8% to 25% per transaction. Discounts are offered to verified customers. Email us at email@example.com for details or too enroll.
5. CANCELLATIONS; REFUNDS
6. ACCEPTABLE USE
By accessing and using our Services, 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 our Services. You further agree that you will abide by these Terms and will not:
Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner, including any physical damage or defacement of the BATM;
Use our Services 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;
Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access our Services or to extract data;
Use any hardware or software to bypass, disable, or interfere with the Services, or the Verification Process;
Use or attempt to use someone else’s wallet without authorization;
Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
Develop or deploy any third-party applications, software, or hardware that interact with our Services without our prior written consent;
Provide false, inaccurate, or misleading information; and
7. ASSUMPTION OF RISK
You acknowledge and agree that there are risks associated with utilizing the Services for the purchase and sale of virtual currency including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your Personal Information and other information stored with us. You acknowledge and agree that ECC will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.
ECC takes no responsibility for and will not be liable for any losses, damages or claims arising from the use of our Services, including, but not limited to, any losses, damages or claims arising from (a) loss of your virtual currency due to unauthorized completion of an Order by a third party, including but not limited to unauthorized completion resulting from your leaving a BATM unattended while completing a transaction, (b) server failure or data loss, (c) incorrectly constructed transactions or mistyped wallet address; (d) "phishing," viruses, third-party attacks, or any other unauthorized third-party activities, or (e) any unauthorized access to our Services via your computer or mobile device.
ECC does not guarantee the value of any virtual currency. You acknowledge and understand that the price or value of virtual currency is highly volatile. Virtual currency sales via the Services depend on the availability of virtual currency to ECC or cash at a BATM, and you acknowledge that it may be impossible to buy or sell virtual currency at any price through the Services.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ECC, 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 BATM 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.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL ECC, 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 BATM OR SERVICES OR ANY PURCHASE OR SALE TRANSACTION OCCURRING VIA A BATM, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM ECC, 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 ECC’S RECORDS, PROGRAMS OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
11. 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.
Notwithstanding anything to the contrary herein, ECC 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.
This website is provided for informational purposes only. The website does not constitute financial, tax or legal advice, and is not intended to be used by anyone for the purpose of financial advice, legal advice, tax avoidance, promoting, marketing or recommending to any other party any matter addressed herein. For financial or legal advice please consult your own professional.
The use of this website is governed by our terms and conditions and by using this website, you accept these terms and conditions in full.