TERMS AND CONDITIONS
Eagle BTM Pty Ltd (T/A Eagle Bitcoin ATM) (the Company)
In these terms and conditions unless the context indicates otherwise, the following words have the following meanings:
Account means the account used by You for cash or cryptocurrency withdrawals using the BATM and/or our Services.
BATM means this Bitcoin ATM, and any Automatic Teller Machine (ATM) (including ATM kiosk) either licenced, or the property of the Company that allows You to benefit, withdraw, or deposit from a universal ATM or other system, whereby You transact at, regardless of whether the ATM is owned by the Company or another party.
Business Day means a day that is not a Saturday or Sunday or public holiday in Queensland, Australia.
Intellectual Property means all of the intellectual property owned by or licensed to The Company in relation to the Services including but not limited to the goodwill of the Company, designs, trademarks (whether registered or unregistered), patents, copyrights, IP Materials, distributor lists, price lists, client lists, and any variation or modification thereto together with such other intellectual property as may be updated by the Company from time to time.
IP Materials means all material whether printed, audio or visual or recorded on computer software utilising or referring to the Intellectual Property including drawings, artworks, icons, computer software, packaging, advertising and promotional material.
Parties means The Company and You.
Service means any feature, interface tool or icon, keypad entry, or other input or use or services of the Company that allows and facilitates the deposit and withdrawal of digital currency, AUD, or any other type of currency pursuant to the laws of Australia (as the case may be), and Your use of any BATM.
VerificationProcess has the meaning attributed to that term in clause 4 and clause 5
You and Your means the person who accesses and/or uses the BATM.
In these terms and conditions unless the context otherwise requires:
- words importing any gender include every gender;
- words importing the singular number include the plural number and vice versa;
- words importing persons include firms, companies and corporations and vice versa;
- the headings to the clauses of these terms and conditions do not affect the interpretation;
- any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or bylaw made under that enactment;
- the word “including” (and related forms including “includes”) means “including without limitation”; and
- all references to money are to Australian dollars, and unless stated otherwise, are exclusive of GST.
3. WHEN THESE TERMS AND CONDITIONS APPLY
Your use and access of the BATM Service is governed by these terms and conditions. By using and accessing the BATM, You agree to be bound by these terms and conditions.
4. ACCEPTABLE USE
- By accessing and using the BATM, You acknowledge and agree that You:
- will maintain full control of Your Account;
- will comply with all instructions provided by the Company relating to the Service;
- are solely responsible for ensuring the security of any cards issued to You, or information provided to You, relating to Your Account and which is outside of our control;
- are exclusively responsible for any instruction provided to us electronically that is identified with Your password and username and for any electronic written instruction provided to us from persons we reasonably believe are authorised by You;
- are responsible for undertaking Your own investigations and enquiries and satisfy Yourself of the legal status of Your use of the Service, including all fiat and virtual currencies capable of being purchased and sold via the BATM;
- 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;
- will not use the BATM in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the BATM, or that could damage, disable, overburden or impair the functioning of these Services in any manner, including any physical damage or defacement of the BATM;
- will not use the BATM to pay for, support, or otherwise engage in any illegal activities, including, but not limited to 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 the BATM to access the provided Services or to extract data;
- will not use any hardware or software to bypass, disable, or interfere with the BATM, or the Verification Process or use or attempt to use another user’s Account without authorisation;
- will not attempt to circumvent any content filtering techniques that the Company employs, or attempt to access any service or area of BATM Services that You are not authorised to access;
- will not use develop or deploy any third-party applications, software, or hardware that interact with BATM Services without prior written consent;
- will not use or provide false, inaccurate, or misleading information;
- will not use, undertake nor attempt to damage, hack, crack, reverse-engineer, or otherwise interfere with the BATM (or its networks) in any manner.
- represent and warrant that:
- You are of legal age to form a binding contract;
- You have not previously been suspended or removed from using the Services;
- You have full power and authority to use the BATM;
- You are not under the control of, or a national or resident of, any country to which Australia has embargoed goods or services;
- You are acting on Your own Account;
- You are fully familiar with the inherent risks involved in the transactions capable of being completed via the BATM, including, without limitation, potential loss of money and risks due to volatility of the price of cryptocurrency, and voluntarily takes full responsibility for any risk to that effect;
- You have had the opportunity to seek financial and other professional advice in relation to the transactions capable of being completed via the BATM;
- You are not insolvent and are not subject to any bankruptcy or insolvency proceedings under any applicable laws;
- the Company provides no warranties, representations or guarantees that You will achieve any particular outcomes or results whatsoever, including (without limitation) revenue or profit as a consequence of Your utilising the Services;
- any fiat, digital assets, and any other funds to be used or transferred, has been obtained by it in a lawful way, and that it shall not make any illegal or illegal use of any such funds.
5. KYC PROCEDURES
- Prior to using the Services, You must provide all information requested by the BATM and/or the Company, which may include, but not be limited to, name, address, tax file number, driver’s licence or Government-issued identification scans, and photographic images (Personal Information) to allow the Company to carry out Know Your Customer (KYC) checks as required pursuant to the relevant legislation. We may ask for any other information which we may deem reasonably necessary. We may require You to provide evidence and documents confirming certain information.
- You acknowledge that the Company will analyse and validate Your identity by reference to the Personal Information to determine whether it will offer the Services to You (Verification Process).
- The Company 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 to the greatest extent permitted by law. Your use of the BATM 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 BATM, You will be denied access to it.
In consideration for the Service, You agree to pay the fees for transactions completed via our BATM as provided in the offer terms. You further agree that the Company may deduct its fees from the amount of Australian dollars dispensed or virtual currency sent to You.
- In order to accept an offer to purchase or sell virtual currency, You must follow the instructions provided on the BATM.
- For purchase transactions, the Company will endeavour 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.
- The Company 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.
- Cancellations and refunds are not offered because they are not possible due to the inherent nature of the blockchain. All virtual currency purchases and sales are final, and there are no refunds or cancellations, except as otherwise provided in these terms and conditions or as required by law.
- It is Your sole responsibility to enter correct and accurate Instructions, including without limitation any names, addresses, Account numbers and amounts.
- In the circumstance where You have received, acquired, or accumulated any assets due to an error, glitch or loophole, we may take reasonable action, including but not limited to restricting access or deducting the relevant assets from Your Account, to recover the assets from Your Account. We will notify You if such an error has occurred.
You agree to indemnify and agrees to keep indemnified the Company in respect of, and against, all claims, damages, demands, costs or expenses of any kind whatsoever (including legal costs on an indemnity basis) which may be incurred by the Company as a consequence of any failure on Your part to comply with all or any of these terms and conditions.
Notwithstanding any other term in these terms and conditions, and to the extent permitted by law, the Company reserves the right, without notice and in its sole discretion, to terminate Your permission to use the Services and/or the BATM, and to block or prevent Your future access to and use of the Services and/or the BATM.
10. WARRANTIES AND LIMITATIONS OF LIABILITY
To the maximum extent permitted by the applicable law:
- our services are provided on an “as is” and “as available” basis (except as expressly provided to the contrary in writing by the Company). 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;
- To the maximum extent permitted by the applicable law:
- The Company does not make any warranties or representations other than those expressly set out in these terms; and
- all terms, representations and warranties that may be excluded by law regarding the Services are expressly excluded from these terms.
- If any legislation implies into these terms any term or warranty and also prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under, that term or warranty, it is deemed to be included in these terms.
- To the maximum extent permitted by the applicable law, the Company expressly excludes liability for any:
- indirect, special, incidental, or consequential loss or damage suffered by You which may arise in connection with these terms or in respect of other equipment or property;
- loss, damage or expense that You may incur or suffer (as the case may be) as a consequence of any act or omission of any third-party service provider in connection with the provision of the Services;
- loss of profit, business, revenue, goodwill or anticipated savings.
- To the maximum extent permitted by law, if for any reason the Company is directly or indirectly liable to the You in connection with the provision of the Services, the Company’s liability is limited, at the Company’s option to resupplying, or paying the cost of resupplying, the Services in respect of which a breach by the Company occurred.
11. INTELLECTUAL PROPERTY
- Except where otherwise indicated or implied by context, the Company is the sole owner or licensee of all Intellectual Property comprised in the BATM, and nothing in these terms and conditions constitutes a transfer of any Intellectual Property rights in or related to the BATM.
- You must not do anything which breaches or otherwise interferes with our intellectual property rights or the intellectual property rights of any of its third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from the BATM without our prior written permission or the relevant third-party licensor exploit such content for commercial benefit.
- You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause and that equitable or injunctive relief may be necessary.
- Where any Supply under these terms is or becomes subject to GST, an amount equal to the GST paid or payable in respect of the Supply will be added to the amount of consideration paid or payable for the Supply under these terms.
- The provisions contained in this clause apply notwithstanding any other clause of these terms whatsoever.
- Each party agrees to do all things, including providing invoices and other documentation, that may be necessary or desirable to enable or assist the other party to claim any credit, set off, rebate or refund in relation to any amount of GST paid or payable in respect of any Supply under these terms.
- In this clause the expression Supply means any form of supply whatsoever and includes any supply within the meaning of any Commonwealth, State or Territory Legislation imposing or relating to the imposition of GST.
A party or its solicitor must give any notice required in the English language and in writing to a party's address set out in these terms (or as otherwise notified from time to time) and may serve the notice at that address by hand, prepaid post, email or fax. A notice will be taken to be received by the addressee:
- if delivered by hand before 5:00pm on a Business Day, then on the day of delivery;
- if posted to an address:
- within Australia, then on the third Business Day after the day of posting;
- outside Australia, then on the fifth Business Day after the day of posting;
- if emailed and the sender has no reason to suspect the email was not delivered before 5:00pm (local time in the place of receipt), then on the first Business Day it could have been read by the addressee;
- if faxed and the sender receives a delivery transmission confirmation report before 5:00pm, then on the day of delivery shown on the transmission confirmation report,
but in any other case a notice given validly is taken to have been received on the next Business Day.
- The parties agree that these terms will be governed by the law in force in the State of Queensland and agree to submit to the non-exclusive jurisdiction of the courts of Queensland.
- These terms represent the entire terms between the parties and supersedes all prior representations, terms, statements and understandings between the parties in relation to the subject matter of these terms.
- If any term (or part of a term) of these terms is invalid or unenforceable, then that term (or part of the term) will be deemed deleted and the remainder of these terms will remain in full force and effect.
- It is the intention of the parties that if any term of these terms is capable of two constructions one of which would render the term void and the other which would render the term valid, then the term will have the meaning which renders it valid.
- The rights and obligations of the parties contained in these terms will not be extinguished by or upon completion of any transactions contemplated by these terms.
- These terms do not constitute or imply any partnership, joint venture, fiduciary relationship or other relationship between the Parties other than the contractual relationship expressly provided for in these terms.
- Neither Party has any liability under or may be deemed to be in breach of these terms for any delays or failures in performance of these terms which result from circumstances beyond the reasonable control of that Party. The Party affected by these circumstances must promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so. Both Parties acknowledge that the failure to perform an obligation under these terms because of anything set out in this clause will not entitle either Party to treat these terms as repudiated.