Welcome to the Rothbard.eu Terms of Use for our ATMs. Here you will find all the legal as well as operational instructions which Rothbatrd.eu (hereinafter: “the Company”) provides, in order to make clear under what terms and conditions you are using our Bitcoin ATMs (hereinafter: “ATMs”).
We value you as a customer (hereinafter: “Customer”) and are always trying to provide the best service when it comes to buying and selling cryptocurrencies on our ATMs. However, we wish to lay out the specific details of using our services (hereinafter: “Services”) which you, as a customer, should know about.
By using our ATMs, you are agreeing to these Terms of Use, and acknowledge among other things that you fully own and control the cryptocurrency wallet and monetary funds you wish to use at our ATMs.
Please read these Terms of Use carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us and other indemnified parties to binding and final arbitration, and further (1) you will only be permitted to pursue claims against us and indemnified parties on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis, and (3) you may not be able to have any claims you have against us resolved by a jury or in a court of law.
You agree that you may bring claims against the company or any other indemnified party only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and the company agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s), except that you may pursue a claim for and the arbitrator may award public injunctive relief under applicable law to the extent required for the enforceability of this provision.
All transactions made using our ATMs (blockchain-based payments) are final and irreversible. We do not take any responsibility for the money you use to buy cryptocurrency, or for the wallet address you designate to put these cryptocurrencies into. Any fraudulent or crime-related transactions are illegal, and may result in the loss of your money or cryptocurrency. We take no liability for any unauthorized or mistaken transactions made by you or any other person using your money, or wallet.
As a rule, do not buy (or send) cryptocurrencies to anybody you do not know, and haven’t met before.
If you find yourself in the following situations you should consider yourself in danger of being a victim of crime:
These three examples highlight why sending money to unknown persons (especially when they have promised you something like love, cheap used/new items on online marketplaces, or a job) can end badly for you. Do not hesitate to learn more about different types of scams and in case of any doubts, contact the legal authorities to be sure that the transaction you perform is secure and in your best interest.
A Customer assumes all risk of loss associated with the holding of Bitcoin(s) or any other cryptocurrency and acknowledges that Bitcoin is a volatile asset and that cryptocurrency is a volatile asset class. Bitcoin(s) and other cryptocurrencies are not entitled to any regulatory protection, and are not otherwise insured or guaranteed by Rothbard.eu or any other party. Rothbard.eu is not an investment advisor and does not provide any person with advice or guidance on the suitability of holding Bitcoin or similar cryptocurrencies. Rothbard.eu is not in any way responsible if the price of cryptocurrency decreases following a Customer’s purchase.
Rothbard.eu is not in any way responsible for the safekeeping of a Customer’s cryptocurrency following purchase (nor of a Customer’s fiat currency after selling cryptocurrency).
Rothbard.eu is not a provider of cryptocurrency wallets. In order to access our Service, you may be required to use a cryptocurrency wallet provided by a third-party. You must use your own cryptocurrency wallet. You are not permitted to use the cryptocurrency wallet of any other person or any third party. If Rothbard.eu recommends or requires that the Customer use third-party wallet applications for the storage of Bitcoins and other cryptocurrency, it is solely the Customer’s responsibility to conduct his or her own due diligence on those applications before using them. We have no control of or responsibility for any such wallets provided by a third-party, and cannot provide support for these wallets. Rothbard.eu cannot provide any technical or customer support for any malfunction or other issue that may arise in connection with your use of such wallets. You are wholly responsible for maintaining the security of any wallet you may use in connection with the Service. Rothbard.eu is not responsible in any way for the functionality of such wallets or the safekeeping or security of cryptocurrency sent by Rothbard.eu to or from a third-party wallet, or any cryptocurrency stored in a third-party wallet.
You are not permitted to use the cryptocurrency wallet of any other person or any third party. As a Customer, you agree to use only your own cryptocurrency wallet (for which you personally have custody of) for any and all transactions.
Rothbard.eu Bitcoin ATMs are for personal use only. You may not make a transaction using them on behalf of another person, nor can you use any ID other than your own, even if another person permits you to do so. This also means that you may not use the funds of another person when making any transaction on Rothbard.eu ATMs that will be paid to an address they have provided. If someone is asking you to do so (to make transactions on their behalf), please contact our customer support line on +48 728 008 004 or the number associated with your country.
A Customer assumes ALL responsibility in the safekeeping of his or her fiat currency, cryptocurrency and any cryptocurrency wallet(s).
Subject to these Terms of Use, the Service is designed to allow you to purchase and sell Bitcoins and other cryptocurrencies at any Bitcoin ATM location owned by the Company. You must be physically present at a Rothbard.eu-owned and operated ATM in order to conduct a transaction. You may not use or access the service at any ATM or other location that is not owned and operated by the Company. The service is not accessible via the Internet.
Transactions may be made only in a few currencies, most likely the main currency of your country or Euros and the cryptocurrencies supported by the Company. Supported cryptocurrencies may change from time to time.
All transactions are irreversible and non-refundable. You have no right to stop payment on any transaction. The ATM may provide you with a transaction receipt. Please keep this transaction receipt for your records.
The Company may at any time limit the amount of any transaction that may be conducted by a Customer, and institute daily and/or monthly transactional limits on a Customer’s use of the Service. These limits may be changed at any time for any reason by the Company in its sole discretion, with or without notice to you. Use of multiple wallets or another person’s identifying information to circumvent these limits is strictly prohibited and may result in suspension of your ability to use the Service. We have the absolute right to close or suspend your account at any time, and for any reason not prohibited by law. We also have the absolute right in our sole discretion to reject any transaction request for any reason.
We may also place a hold on any assets you tender at an ATM if we believe, in our sole discretion, that the requested transaction is suspicious or is in violation of law or these Terms of Service. We may refuse to release the hold on any such funds for as long as we deem reasonably necessary to complete an investigation of the activity or source of the assets. Funds may be frozen, blocked, or delivered to a regulatory authority if required by applicable law, at the order, direction, or request of a regulatory authority, or as reasonably necessary to ensure the Company can comply with all of its legal obligations and cooperate with any investigation, inquiry, request for information, examination, or similar request from a regulatory authority.
Rothbard.eu prides itself on regularly giving some of the lowest fees of any Bitcoin ATMs around the world.
You agree that Rothbard.eu may charge fees ("Transaction Fees"), and you will pay over the market price (hereinafter: Market Price) up to approximately 5.7% for purchases and be paid approximately 4.8% under the Market Price for sales of cryptocurrency. “Market Price” shall mean the actual market price of the cryptocurrency being traded at the time the transaction is executed by Rothbard.eu, as determined solely by Rothbard.eu. Sometimes, due to special offers, there will be a 0% commission on selling cryptocurrencies.
Rothbard.eu uses its own ‘rate server’ (which takes the average of many cryptocurrency exchanges) to determine the Market Price. Rothbard.eu reserves the right to use a different source without notice to determine Market Price for any reason. By transacting with Rothbard.eu, you waive any claims or liability against Rothbard.eu based on the manner in which Rothbard.eu determines the Market Price. Rothbard.eu also charges a small (minimum 0.01 PLN, or similar equivalent in your country) network fee (hereinafter “Network Fee”). Network Fee shall mean the required payment to use the applicable blockchain for sending the selected cryptocurrency to your cryptocurrency wallet. The Customer may increase this Network Fee using a slider on the screen to speed up the execution of the transaction, and lower the amount of time it takes for the cryptocurrency to appear in their wallet when buying. During times of high transaction volume, the Network Fee may be increased. By transacting with Rothbard.eu, you waive any claims or liability against Rothbard.eu based on the charged Network Fee.
The Transaction Fee is calculated as a percentage over the Market Price, as discussed fully in the paragraph above. The Transaction Fee and Network Fee are included in the exchange rate applicable to your transaction. Before you make a transaction, we will tell you the exchange rate applicable to your transaction. In other words, Rothbard.eu will tell you: (1) the amount of cryptocurrency you will receive from Rothbard.eu in exchange for the fiat currency you have paid into the ATM and, (2) the amount Rothbard.eu will pay you in fiat currency to purchase a certain amount of cryptocurrency from you (as long as the cryptocurrency is sent to the wallet address provided by the Company within ten minutes of ordering the sale). By proceeding with the transaction, you agree to the exchange rate, including the Transaction Fee and Network Fee, and you agree to the other terms applicable to the transaction as set forth in these Terms of Use. If you do not agree, you may not proceed with the transaction and must immediately discontinue your use of the ATM for that transaction.
Rothbard.eu reserves the right to change its Transaction Fees. You understand and acknowledge that all Rothbard.eu ATMs may not charge the same Transaction Fees. By completing your transaction, you acknowledge that you have been presented with the exchange rate applicable to your transaction and have agreed to it, including the Transaction Fee and Network Fee.
To help the government fight the funding of terrorism and money laundering activities, laws may require us to obtain, verify, and record information that identifies each Customer who uses or seeks to use the Service. This is known as the KYC (Know your customer) verification process and is mandatory in some countries we operate in, or when the customer goes over the AML Limit in that country. What this means for you is that when you request a transaction at any of our Bitcoin ATMs, the following personal data may be collected (although this again differs due to the different laws of countries): first name, last name, address, date/place of birth, nationality/citizenship, ID document type/number, issuing entity and image copy of your provided ID and a photo of your face, as well video recordings with time stamps and the data related to the performed transactions. In any case the company collects: photo of your face, video recordings with timestamps and the data related to the performed transactions.The requirements for the collection of identification information may change at any time, for any reason. All of the above data is processed and can be transferred to the appropriate regulatory government entity.You may be required to complete this identity verification process to the satisfaction of the Company in order to access and use an ATM or certain features of the Service. You agree to provide true, accurate, current and complete information about yourself. Even if you have previously verified your identity with us, we may ask for additional information to allow us to verify your identity again. This may occur at any time. We may refuse to proceed with a transaction if we cannot verify your information, or if you do not provide the identifying information and documents as requested. We may conduct an ID check as well at any time.
If you are underage in your country, you are not authorized to use the Service. The Company does not accept incorporated or organized entities as Customers of the Service. The Service is for personal use only. The reason behind using an ATM is declared by you as for personal and investment purposes. We reserve the right to reject any person as a Customer of the Service for any lawful reason.
You are not permitted to use the cryptocurrency wallet of any other person or any third party. As a Customer, you agree to use only your own cryptocurrency wallet for any and all transactions.
The data is solely collected by Rothbard.eu, who use this data only to the extent necessary for proper identification. The data is stored for, at most, 10 years since the date each transaction was made due to legal requirements (statutory retention requirements and limitation periods of potential legal claims being what they are) though this period could potentially be around 5 years (again depending on the country). In addition, we process the date of every transaction, the transaction amount and assign each transaction an internal transaction number ID in order to make a proper log of each transaction in our system. All the information collected mentioned above is held on a scattered network of servers, the location of which we reserve the right to withhold on the basis of security and secure safe-keeping.
Rothbard.eu will take all appropriate technical and organizational measures to ensure that only personal data is processed by default, the processing of which is strictly necessary for business purposes. We use these measures to ensure that personal data is made available to a limited and necessary number of people by default and to regulatory bodies as per law obligations. Other persons will not be granted access to personal data under any circumstances without the express consent of the data subject.
All employees of Rothbard.eu have been sufficiently informed about all applicable data protection regulations, internal data protection regulations as well as data security precautions and are required to keep secret all information entrusted or made accessible to them in the course of their professional employment. The requirements of data protection are strictly adhered to and personal data is only made available to individual employees insofar as this is necessary with regard to the purpose of the data collection and our resulting obligations. If a data processor is commissioned by us, these are also obligated to comply with all applicable data protection regulations due to specific framework agreements. In addition, when dealing with your (personal) data, they are strictly bound by our specifications, especially with regard to type and scope.
Rothbard.eu will never share your data needlessly with any unauthorized or unnecessary third party.
If in doubt you can call our support line on the telephone numbers, on the support team emails, or Telegram groups provided at the end of this document. There are also Rothbard.eu Telegram groups in various languages (English, Polish, Italian, Spanish, and Ukrainian) you may join and ask questions in there too, and even a chat option as found on the Polish website. It is best to check the website of your country to find out which channels to contact us on. We are always striving to improve the communication we have between our Customers, so these details are likely to change.
It is the sole responsibility of the Customer to check the accuracy of information entered while using the service, including, but not limited, to the amount of the requested transaction, the type of currency or cryptocurrency to be exchanged and transferred, and the cryptocurrency address to which or from which the cryptocurrency will be transferred. Cryptocurrency address details displayed on the order summary page will be the final transfer destination. By submitting a transaction request at an ATM, you authorize us to complete the transaction according to the information you entered and was presented to you on the order summary page. In the case that this information is incorrect, and funds are transferred to an unintended destination, the company shall not reimburse the customer nor be liable for any loss. As such, customers must ensure the cryptocurrency address that they enter or scan is correct. If we believe any error occurred with respect to a transaction you make at a Rothbard.eu ATM, you hereby authorize and agree to provide us with any information and funds Rothbard.eu requires to correct the mistake so that the correct amount is transferred between Rothbard.eu and the Customer.
Customers agree that they will not use the service to perform any type of illegal or illicit activity of any sort, including, but not limited to, money laundering, narcotics trafficking, human trafficking, tax evasion, or terrorist financing, or do anything to negatively affect the performance of the ATMs’ service or violate these Terms of Use. Suspicion of using the service for an unauthorized or illegal activity, or being in violation of these Terms of Use, is cause for the Company to suspend all access of a Customer to the service; whether this suspicion is warranted is exclusively within the absolute discretion of the Company.
Any kind of mechanical violence by the user is prohibited and is considered as property damage. Even in the event of clumsiness or unintentional damage, the user who caused the damage is held liable. The ATM user is not allowed to touch or adjust the surveillance camera installations. In the event of violence or attempted theft, the public prosecutor will be notified.
Customers agree to respond to all inquiries from the Company regarding the Customer’s transactions; failure to diligently respond to the Company’s inquiries may result in a suspension of all future transactions and being placed on a black list.
It is your responsibility to determine what, if any, transactions you complete using the ATMs, 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 using our services. We reserve the right to collect or recover such taxes from you at any time where required or permitted by.
We record and/or monitor any of our telephone and message conversations with you. If we do record, we do not have to keep the recordings, unless the law says we must. If you give us your mobile number, we have your permission to contact you at that number about your account and transactions.
The company makes no warranties, express or implied, with respect to the service, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose.
Certain EU regulations do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
You agree that we, our service providers, operators, officers, directors, and employees (and the same of our service providers, subsidiaries and affiliates themselves) (each, the “Indemnified Party” and collectively, the “Indemnified Parties”) will not be liable for anything we do when following your instructions. In addition, the Indemnified Parties will not be liable if any such Indemnified Party does not follow your instructions if we reasonably believe that your instructions would expose us to potential loss or civil or criminal liability, or conflict with customary banking practices. To the extent you are entitled to relief under this Agreement, the total liability of the Indemnified Parties to you will not exceed 500 EUR, except as otherwise required by applicable law. The indemnified parties will not be liable for indirect, special, or consequential damages regardless of the form of action and even if we have been advised of the possibility of such damages. This section will survive termination of your account and use of the service.
Rothbard.eu cannot be held liable for any change to the Internet connection, be it a reduced service speed or if for any reason its service is unavailable for any period of time. Customers acknowledge that an account may be suspended for any reason and they may not be able to have access to the service at any time for any reason.
You agree to indemnify and hold the Indemnified Parties harmless from and against losses arising in connection with the services, except for losses arising out of our own gross negligence or willful misconduct. You further agree to hold the Indemnified Parties harmless from losses arising out of actions taken or omitted in good faith by any Indemnified Party in reliance upon instructions from you. The Indemnified Parties are not responsible for any actions or omissions by any third party. If you give us instructions that we believe may expose us to potential liability, we may refuse to follow your instructions and we will not be liable to you if we refuse to follow your instructions. If we do choose to follow your instructions, we may ask you for certain protections such as a surety bond or an indemnity agreement in a form that is satisfactory to us. This section will survive termination of your account and use of the service.
Rothbard.eu shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, labor shortages, pandemic, government regulations, or other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
If we fail to exercise or delay our exercise of any right we have under these Terms of Use, that does not mean that we waive that right or any other right, and we may still enforce all of our rights in the future.
Unless prohibited by applicable law of the country we operate in, we may change these Terms of Use, including the fees and features of the service, at any time. We may notify you by posting a new version of these Terms of Use to our website at Rothbard.eu or by presenting them to you when you request a transaction at an ATM. If we have notified you of a change to these Terms of Use and you continue to use the service after the effective date of the change, you have agreed to the change. If you do not agree to the change, you must discontinue use of any aspect of the service before the effective date of the change.
The Company is registered as a Virtual Asset Service Provider in various countries and may be required by law to file currency transaction reports and/or suspicious activity reports with authorities regarding Customers’ activities. The Company is not permitted to notify Customers of the filing of such reports. The Company may also be legally required to provide information concerning a Customer’s transactions to other regulatory authorities. The Company shall not be liable to any Customer in any way for providing information to regulatory authorities about that Customer’s use of the Service.
The fee schedule is subject to change at any time at our sole discretion. The Transaction Fee and Network Fee will be included in the exchange rate applicable to your transaction. The exchange rate, inclusive of these fees, will be disclosed to you before you make a transaction, and will be charged when you agree to make the transaction. No cryptocurrency, or any transaction made using the service is insured or guaranteed by an agency of Poland or the European Union, or by private insurance against theft, or loss, including cyber theft or theft by other means. A transfer of cryptocurrency is irrevocable, without exception. We have no liability for any unauthorized, mistaken, or accidental transfers made by you, or any other person who has accessed your account or wallet. The nature of virtual currency may lead to an increased risk of fraud or cyber attack, and your cryptocurrency could be irretrievably stolen.
The Company and Indemnified Parties are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to your satisfaction by emailing customer support at support@rothbard.eu. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by registered mail, a written Notice of Dispute (“Notice”). The Notice to the Company or Indemnified Party should be sent to a “Notice Address” which will be provided to a party through the email channels above. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If you do not resolve the claim with the Company or Indemnified Party within 60 calendar days after the Notice is received, you or the Company or Indemnified Party, as applicable, may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by any party will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.
If you have any questions about the ATM a customer service is available for you via the email support@rothbard.eu.
For details on how to operate our Bitcoin ATMs, please see the video on the main page of our website: Rothbard.eu
The following Terms of Use can be sent to you upon request by email or by post.
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