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Terms of Use
Welcome to Rothbard.eu's Terms of Use for ATMs (hereinafter: "ATMs").
Below you will find all the legal and operational information regarding the use of Rothbard.eu (hereinafter: "Company" or "Company") to clarify the terms and conditions for the use of our Bitcoin ATMs (hereinafter: "ATMs").
We value our customers (hereinafter: "Customer") and always strive to provide the highest standard of service when buying and selling cryptocurrencies at our ATMs. Nonetheless, the following are detailed rules for the use of our services (hereinafter: "Services"), which you, as a Customer, should familiarize yourself with.
By using our ATMs, you accept these Terms of Use and confirm, among other things, that you fully own and control your cryptocurrency wallet and the cash you intend to use at our ATMs.
Please read these Terms of Use carefully, as they contain, among other things, an arbitration clause and other relevant information regarding your rights, remedies and obligations. The arbitration clause requires (with limited exceptions) that any claims against us or against other parties protected from liability must be brought in binding and final arbitration. In addition:
You agree that you may pursue claims against the company or any other party protected from liability only individually, and not as a claimant or class member in any putative class or representative proceeding. Unless both parties agree otherwise, the arbitrator may not combine or join the claims of more than one person or conduct the proceedings as a class or representative proceeding. The arbitrator may award benefits (including monetary, injunctive or affirmative relief) only to the individual party seeking benefits and only to the extent necessary to satisfy the claims of that party. However, you may apply for a so-called "public injunction" (a measure to protect the public interest), insofar as the law requires it, in order for the said clause to be enforceable.
All transactions made with our ATMs (blockchain technology transactions) are final and irreversible. We are not responsible for the funds with which you buy cryptocurrency or the address of the wallet where these cryptocurrencies go. Any illegal or criminal transactions are not allowed and may lead to loss of funds or cryptocurrencies. We are not responsible for any unauthorized or erroneous transactions made by you or any other person who uses your money or wallet.
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As a general rule, do not buy or send cryptocurrencies to people you do not know or have not met in real life.
If you find yourself in any of the following situations, you may be at risk of becoming a victim of crime:
These three examples show why sending money to strangers (especially when they promise love, cheap goods or a job) can end in tragedy. Don't hesitate to learn more about different types of scams, and if in doubt, contact law enforcement to make sure the transaction is safe and in your best interest.
The client bears the full risk of loss of funds associated with the storage of Bitcoin or other cryptocurrency, and acknowledges that Bitcoin and other cryptocurrencies are highly volatile assets. Cryptocurrencies are not subject to regulatory protection, insured or guaranteed by Rothbard.eu or any other entity. Rothbard.eu is not an investment advisor and does not provide advice on owning Bitcoin or other cryptocurrencies. Rothbard.eu is not responsible if the price of a cryptocurrency drops after a customer has made a purchase.
Rothbard.eu is not responsible for the storage of the Client's cryptocurrencies or fiat funds after the Client sells cryptocurrencies.
Rothbard.eu does not provide cryptocurrency wallets. In order to use our Services, you must use a cryptocurrency wallet provided by a third party and it must be solely owned by you. You may not use wallets owned by third parties. If Rothbard.eu recommends or requires the use of third-party wallet applications, it is solely up to you to verify the security and reliability of these applications before using them. Rothbard.eu has no control over or responsibility for such wallets, nor does it provide technical support for any defects in them. You are entirely responsible for the security of your wallet, and Rothbard.eu is not responsible for its operation or the security of cryptocurrencies sent by Rothbard.eu to or received from such a wallet.
You may not use a cryptocurrency wallet belonging to someone else. As a customer, you declare that you use only your own wallet (over which you have personal control) in all transactions.
Our Rothbard.eu bitcoin ATMs are for personal use only. You may not carry out transactions on behalf of others or use someone else's identity, even with someone else's permission. This also means that you can't use someone else's funds to make a transaction paid in cryptocurrency to a third-party address. If someone asks for this, please contact our hotline +48 728 008 004 (or the relevant number in your country).
The client assumes full responsibility for the security of his funds (fiat, cryptocurrencies) and cryptocurrency wallets.
Subject to these Terms of Use, the Service allows you to buy and sell Bitcoin and other cryptocurrencies at ATMs owned by the Company. In order to conduct a transaction, you must physically be at one of the ATMs owned and operated by Rothbard.eu. The service is not available over the Internet.
Transactions can be made only in certain currencies (most often the local currency of a country or the Euro) and in cryptocurrencies supported by the Company. The list of supported cryptocurrencies is subject to change.
All transactions are irreversible and non-refundable. It is not possible to undo a transaction. The ATM may generate a transaction confirmation; please keep it for your own records.
The Company may at any time impose single transaction amount limits and daily/monthly limits. These limits may change at any time, for any reason, at the sole discretion of the Company - with or without notice to the Client. Using multiple wallets or using someone else's data to circumvent the limits is strictly prohibited and may result in blocking your ability to use the Service. We reserve the right to block or terminate the Customer's account at any time, for reasons permitted by law. We reserve the right to reject any transaction for any reason.
We may also withhold funds that you deposit at an ATM if we believe, in our sole discretion, that the transaction is suspicious or violates the law or these Terms of Use. We may refuse to release these funds for as long as we deem necessary for analysis or verification. Funds may be frozen, blocked or transferred to the appropriate authorities if required by law or by a regulatory authority's request, or if it becomes necessary for the Company to comply with its legal obligations and cooperate with an investigation, inquiry or other procedure by a regulatory authority.
Rothbard.eu strives to regularly offer some of the lowest rates in the Bitcoin ATM market worldwide.
You agree that Rothbard.eu may charge fees ("Transaction Fees"), and when you purchase a cryptocurrency you will pay a price up to approximately 5.7% above the Market Price (the "Market Price"), and when you sell a cryptocurrency you will receive approximately 4.8% below the Market Price. "Market Price" means the current price of the cryptocurrency at the time the transaction is executed by Rothbard.eu, determined exclusively by Rothbard.eu. Sometimes, as part of promotions, the commission may be 0% when selling cryptocurrencies.
Rothbard.eu uses its own "rate server" (which calculates the averaged price from multiple cryptocurrency exchanges) to determine the Market Price. Rothbard.eu reserves the right to change this source at any time without notice. By choosing to transact with Rothbard.eu, you waive any claims related to the way Rothbard.eu determines the Market Price. Rothbard.eu also charges a small (minimum CHF 0.01 or equivalent in another currency) Network Fee (hereinafter: "Network Fee"). The Network Fee is a blockchain-required payment for sending cryptocurrency to your wallet. Customers can increase this fee by using the slider on the ATM screen to speed up the time it takes for the cryptocurrency to appear in your wallet (when buying). During periods of increased transaction activity, the Network Fee may be higher. By agreeing to transact with Rothbard.eu, you waive all claims related to the Network Fee charged.
The Transaction Fee is calculated as a percentage of the Market Price, as described above. The Transaction Fee and Network Fee are included in the exchange rate charged in the transaction. Before you approve the transaction, we provide the exchange rate. This means that Rothbard.eu informs you:
By continuing the transaction, you accept the stated exchange rate (which includes the Transaction Fee and Network Fee) and the other terms and conditions described in these Terms of Use. If you do not agree, you should stop the transaction and not continue using the ATM in this regard.
Rothbard.eu reserves the right to change the Transaction Fees. Please note that individual Rothbard.eu ATMs may charge different rates. By making a transaction, you confirm that you have read and accept the exchange rate applicable to the transaction, including the Transaction Fee and Network Fee.
In order to counter money laundering and terrorist financing, regulations in some countries may require us to obtain, verify and record personal data that identifies you (known as the KYC procedure). This means that we may collect the following data for transactions (although the exact scope depends on local regulations): first name, last name, address, date/place of birth, citizenship, type/number of identity document, issuing authority, graphic copy of the document and a photo of the customer's face, as well as video recordings of the date/time of the transaction. In each case, we collect: a photo of the customer's face, video recordings with date/time and data on transactions carried out. Identity verification requirements may change at any time. All these data may be transferred to the relevant regulatory authorities.
We may require you to pass this identity verification (KYC) procedure to our satisfaction in order to use the ATM or certain features of the Service. You agree to provide true, accurate, current and complete information. Even if you have previously passed verification, we may ask you again for additional identification information, such as during a subsequent transaction. We may refuse to process a transaction if we are unable to verify the information or you do not provide the requested documents.
If you are a minor (as defined by the laws of your country), you cannot use the Service. The Company also does not accept registered business entities as Customers. The Service is intended for personal, investment and non-commercial use only. We reserve the right to refuse service to any Customer for legitimate legal reasons.
You may not use a cryptocurrency wallet belonging to another person or entity. As a customer, you represent that you are using only your own cryptocurrency wallet.
Personal data is collected exclusively by Rothbard.eu and used to the minimum extent necessary to properly identify the client. In accordance with legal requirements (statute of limitations for claims and retention obligations), we store data for a maximum of 10 years from the date of the transaction (depending on the country, this may be about 5 years). In addition, we process the date of each transaction, its amount, and assign each transaction an internal ID number for proper logging into our system. We store all collected data in a distributed network of servers, and we reserve the right not to disclose its location for security reasons.
Rothbard.eu takes all appropriate technical and organizational measures to ensure that by default only personal data strictly necessary for business purposes are processed. This ensures that, by default, access to personal data is granted only to those for whom it is absolutely necessary, and to supervisory authorities requiring access by law. Other persons do not have access to the data without the express consent of the data subject.
All Rothbard.eu employees have been informed of applicable data protection laws and are obligated to maintain the confidentiality of the information they have access to in the course of their work. If they entrust data processing to another entity, they are also required to comply with data protection regulations under entrustment agreements and to follow our guidelines strictly.
Rothbard.eu does not unnecessarily share your personal data with any unauthorized or unnecessary third parties.
The customer is solely responsible for verifying the accuracy of the data entered into the ATM, including the amount of the transaction, the type of currency/cryptocurrency exchanged and the address of the cryptocurrency wallet. The cryptocurrency address shown on the summary screen is the destination address. By making a transaction at the ATM, you authorize us to process the transaction according to the information you entered. If the information is incorrect and the funds go to the wrong address, the Company is not responsible for the loss and will not refund the funds. The customer must make sure that the scanned or entered wallet address is correct.
If we determine that any error has occurred in connection with your transaction, you authorize us to take the steps necessary to clarify the error, including requesting additional information or resources from you to properly settle the transaction.
The Customer agrees not to use the Service for illegal purposes or contrary to these Terms and Conditions, in particular for money laundering, drug trafficking, human trafficking, tax evasion, terrorist financing, etc. Any suspected abuse or violations will result in the blocking of access to the Service.
It is forbidden to use any physical violence against the device. If the customer inadvertently damages the device, he will be held liable. ATM user is not allowed to touch or tamper with surveillance camera installations. In case of violence or attempted theft, we will notify the prosecutor's office.
The client also undertakes to respond promptly to any inquiries from the Company regarding the transactions carried out. Failure to cooperate may result in suspension of transactions and blacklisting.
The customer is responsible for his/her decisions to make the transaction and any profits/losses resulting from it. The customer is responsible for any taxes (e.g. VAT, income tax) due on the transaction. We reserve the right to collect or enforce such taxes at any time if required by law.
Please be advised that all phone calls and text conversations with Customers may be recorded and/or monitored. If such recordings are made, we are under no obligation to archive them except as required by law. By providing us with a telephone number, you consent to us contacting you regarding your account and transactions.
The Company makes no warranties, express or implied, as to the Service, including warranties of merchantability or fitness for a particular purpose.
Some EU regulations do not allow the limitation of implied warranties or the exclusion or limitation of certain types of damages. If these regulations apply to you, the above exclusions or limitations of liability may not apply.
You agree that we and our service providers, operators, directors, employees and affiliates (collectively, the "Protected Parties") are not liable for acting in accordance with your instructions. The Protected Parties are also not liable if, for legitimate reasons, we refuse to carry out instructions that may expose us to loss or civil/criminal liability, or that are contrary to market practices. To the extent permitted by law, the aggregate liability of the Protected Parties to the Customer shall not exceed EUR 500, unless otherwise provided by law. The Protected Parties shall not be liable for indirect, special or consequential damages, even if there was a probability of their occurrence. This paragraph shall continue to be valid even after termination of the Service.
Rothbard.eu is not responsible for interruptions or delays in the provision of services due to independent reasons (e.g. Internet speed limitation). Customers acknowledge that the account may be suspended at any time and access to the Service blocked.
You agree to indemnify and hold the Protected Parties harmless for any loss arising from the use of the Service, unless it is due to the gross negligence or intentional acts of our personnel. You further agree not to hold us liable for the acts or omissions of third parties. If your instructions expose us to liability, we may not carry them out, and if we do carry them out nonetheless, we may require appropriate safeguards (e.g., warranty, indemnification agreement). The above provision shall remain in effect after your use of the Service.
Rothbard.eu shall not be liable for any delays, non-performance or interruptions of the Service resulting directly or indirectly from causes beyond our control, including, but not limited to, significant market volatility, natural disaster, acts of military or civil authorities, acts of terrorism, civil unrest, war, strikes, telecommunications or Internet failures, hardware or software failures, staff shortages, pandemics, government regulations or other fortuitous events beyond our control. None of these events shall affect the validity of the remaining provisions of these Terms.
Our failure to immediately exercise or enforce any right shall not constitute a waiver of that right in the future.
Unless otherwise provided by national law, we may change these Terms of Use (including fees) at any time. We may notify you of the changes by posting the new version of the Terms and Conditions on Rothbard.eu or by presenting them at the ATM prior to your transaction. If you continue to use the Service after being informed of the changes, you are deemed to accept them. If you do not accept the changes, you must stop using the Service before the effective date of the changes.
The Company is registered in various countries as a Virtual Asset Service Provider and may be required by law to report suspicious transactions or foreign exchange transactions to relevant authorities, without informing Clients of such activities. It may also be required to provide information on Clients' transactions to other regulatory institutions. The Company is not responsible for the consequences of such information transfer in accordance with the law.
The table of fees is subject to change at any time, at the sole discretion of the Company. Transaction Fees and Network Fee are included in the exchange rate. This rate, including fees, will be communicated to you prior to the transaction and will be charged to you after you agree to the transaction. No cryptocurrency or transaction made using the Service is insured or guaranteed by any Polish or European Union authority or private insurance fund. The transfer of cryptocurrencies is irreversible. We are not responsible for unauthorized or erroneous transactions, including those made by third parties with access to your account/wallet. The nature of cryptocurrencies can mean an increased risk of cyber attacks, and your cryptocurrencies may be irretrievably stolen.
Rothbard.eu and the Protected Sites always strive to resolve disputes amicably. Many issues can be quickly clarified by contacting us by email at: [email protected]. If an agreement cannot be reached, the party intending to initiate arbitration must first send a written "Notice of Dispute" ("Notice of Dispute") by registered mail. The address to which such notice must be sent (the "Notice Address") will be made available through the e-mail channel indicated above. The Notice must describe the nature and basis of the claim/dispute and indicate the specific demand. If the dispute cannot be resolved amicably within 60 days of receipt of the notice, a party may initiate arbitration proceedings. During arbitration, the amount of any settlement proposal will not be disclosed to the arbitrator until the arbitrator determines the benefit due (if any).
If you have any questions about ATM operations, please feel free to contact customer service:
E-mail: [email protected]
The instruction manual can be found in the video available on the main page of our website: Rothbard.eu
Upon your request, we can also send these Terms of Use by e-mail or snail mail.
Thank you for reading the Terms of Use and for using our Bitcoin ATMs.
