Scroll
Up

Coinsquare Networks, Inc.
Terms of Use

Last Updated:
September 11, 2019

Coinsquare Networks, Inc., a Delaware company with its headquarters located at 2929 Arch Street, Suite 1700, Philadelphia, PA, 19104 (“Coinsquare”) welcomes you to www.coinsquare.com/atm (the “Site”). The services offered by Coinsquare through the Site and ATMs (as defined below) are referred to, collectively, as the “Service”.

1

Acceptance of Agreement

By entering, accessing or using the Service you acknowledge that you have read and understood these terms of use and Coinsquare Privacy Policy, posted at https://coinsquare.com/atm/privacy_policy, (collectively, the “Agreement”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Service. This Agreement is a binding and enforceable legal contract between you and Coinsquare, so please read them carefully.

IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE THE SERVICE.

The Service is not allowed for use by individuals who are under the age of eighteen (18) years old or who are not of the age of majority in the place where they are located or domiciled. Please see Section 4 below for details on that.

This Agreement applies to: (i) your use of the Service as offered on the Site; and (ii) any ATM Transaction occurring after you have accepted this Agreement.

2

Coinsquare Service

The Service consists of Coinsquare directly (i) selling its own Crypto to you; or (ii) buying Crypto from you; and (iii) communicating Data between you, Coinsquare and Integrated Platforms.

Coinsquare is not a custodial service. Coinsquare is not a wallet and does not store your Crypto or Fiat.

When you make selections or adjust preferences made available to you in the Account, such selections shall form part of this Agreement.

3

Service Account

The Services may include an Account that will be used to identify certain of your preferences and serve as a record of certain elements of your activity within the Services. When you sign up for an Account, Coinsquare will use the information you provide to determine whether you are eligible for an Account. Coinsquare may decline to grant you an Account (or, alternatively, suspend any existing Account without liability to you) or limit the Account for any reason or for no reason. Once Coinsquare decides that you are eligible for an Account, it may create your Account when you have completed at least all of the following: (i) provide your email address; (ii) confirm your email address through an exchange of emails; (iii) accept this Agreement; and (iv) provide such other information Coinsquare may request. Your Account shall be accessible to you through the Site. Your Account is different from Your Wallet. You will be able to create unique ID and password credentials that you will use to access your Account. You agree to keep your Account ID and password, if any, confidential, and not share them with anyone else. You agree not to let anyone else use your Account or the Services in your name. You agree that you are exclusively responsible for any activities that take place via your Account or use of the Services using your identification, even if you were not aware of them. If you are aware of or suspect any unauthorized use of your Account or your log in credentials, or any other breach of security, you must notify Coinsquare immediately at helpdesk@coinsquare.com. We will collect, store, process and disclose information in your Account to third parties in order to supply the Service pursuant to the Coinsquare Privacy Policy.

4

Limitations on Service Availability

4.1
Prohibited Users

The Service is not available for any user whatsoever. The following persons or entities are prohibited from using the Service (each, a “Prohibited User”): (i) persons or entities who appear on (A) the United States Department of the Treasury, Office of Foreign Assets Control (OFAC), Specially Designated Nationals List (SDN); (B) any of the lists reflected on the U.S. Department of Commerce Bureau of Industry and Security Lists of Parties of Concern (http://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern); (C) the United Nations Consolidated Sanctions List; (D) United Kingdom Financial Conduct Authority List of Prohibited Individuals; (E) Canadian Anti-Terrorism Act, Listed Entities; (F) Hong Kong Monetary Authority List; (G) Sky Net Wanted published by the Chinese government; (ii) persons or entities or who are nationals or residents of Cuba, Iran, North Korea, Sudan, or Syria; (iii) or entities who are less than 18 years of age or not of the age of majority in Your Jurisdiction; (iv) persons or entities located in or domiciled in a jurisdiction where use of the Service or Transactions is illegal or requires a license or registration that such person or entity does not hold; and (v) persons, or their Affiliates who have been subject to termination by Coinsquare.

If you are not yet both eighteen (18) years old and of the age of majority in Your Jurisdiction. We reserve the right to require you at any stage to provide proof of age, so that Coinsquare can verify that you are not a Prohibited User. Prohibited Users shall be blocked from using the Service.

4.2
Prohibited Uses

The Service is not permitted for any use whatsoever.  You shall not use the Service for any Prohibited Use (as defined in the glossary below).  In addition, you warrant not to use methods to conceal the location from which you access the Site or Services, and that you will disclose to Coinsquare your accurate and true location.

4.3
Prohibited Crypto

The Service does not support any Transaction with any Integrated Platform or for any purpose whatsoever. You shall use the Service only in furtherance of Transactions involving only Crypto that has been indicated as compatible by Coinsquare (all other, crypto currencies or tokens that are not so indicated, “Prohibited Crypto”).

Some digital tokens are illegal securities. You shall not use the Service in respect of any trade in any shares, equity or other security, whether legal or not. If you are not sure whether a given asset is a security, please obtain legal advice in Your Jurisdiction, and consult the U.S. Securities and Exchange Commission (SEC) publications on ICOs (www.sec.gov/ICO) and related topics.

4.4
Service Modifications, Suspension or Termination

Coinsquare reserves the right to modify the Service, suspend or terminate it without prior notice to or consent from you. You agree that Data or other content available through the Service may be changed or removed at any time without any notice to you. Coinsquare shall not be liable to you or to any third party for any modification, suspension, error, malfunction or discontinuance of the Service. On any termination of this Agreement or the Service, other than for your default hereunder, Coinsquare shall complete Transactions initiated prior to such termination or return to you the Fiat or Crypto that you have advanced, if any, for such Transactions.

5

Transactions

Each Transaction that is a purchase or sale of Crypto, involves only two parties, you and Coinsquare. None of the following are parties to any Transaction: (i) the ATM owner; (ii) the merchant location where an ATM is located; or (iii) the ATM operator that provides traditional ATM services through the ATM, such as cash withdrawals and balance checks.

To the extent permitted by applicable law, all Transactions are deemed to occur in the Coinsquare Jurisdiction.

You acknowledge that Transactions are non-cancelable, and you cannot change or reverse any Transaction, whether pending or completed. Notwithstanding the above, Coinsquare, in its sole discretion and without any obligation whatsoever, may endeavor to comply with a request from you to cancel a Transaction on your Account.

Coinsquare reserves the right to deny processing, or cancel any pending Transaction if: (i) required to do so by the Coinsquare AML Program, law, regulation, competent court order or other competent authority; (ii) Coinsquare considers any such Transaction to be in conflict with its risk policy, or as violating any provision of this Agreement, or applicable law or regulation; (iii) it exceeds any limit which may apply to the number, volume or value of Transactions in any given period of time, in accordance with Coinsquare policies, as may be amended from time to time, or any other applicable laws or regulation; or (iv) such Transaction places Coinsquare’s operation, good name or reputation at risk.

Where Coinsquare posts a price at which it is willing to purchase or sell Crypto, such price is not a representation as to the actual, future or market value of that Crypto; instead, it is simply the price at which Coinsquare is then willing to buy or sell, as the case may be. You are encouraged to shop around and carry out Transactions only if you are entirely satisfied with the applicable price and terms. The fact of Coinsquare engaging in a Transaction with you using an ATM in Your Jurisdiction shall not be construed as a legal opinion from Coinsquare as to the legality of your purchase, sale or ownership of Crypto in Your Jurisdiction.

You are exclusively responsible to report and remit any taxes payable applicable to your purchase or sale Transaction to the appropriate tax authorities. Coinsquare is not and will in no event be deemed as providing any tax advice or consultation on the Services, any Transaction or otherwise.

ALL TRANSACTIONS ARE FINAL; COINSQUARE OFFERS NO RETURNS AND NO REFUNDS.

There are three kinds of Transactions available through the Service.

5.1
Coinsquare-as-Seller Transaction: You buy Crypto from Coinsquare

Coinsquare hereby offers to sell Crypto at each ATM at the price indicated in the ATM Disclosure, such as it is from time to time (“Purchase Price”). If you carry out a Coinsquare-as-Seller Transaction before accepting this Agreement, then only the ATM Disclosure shall apply between you and Coinsquare with respect to that Transaction. If you have accepted this Agreement, then both this Agreement and the ATM Disclosure shall apply to each of your Coinsquare-as-Seller Transactions. Each Coinsquare-as-Seller Transaction includes the following steps:

  1. You review and accept ATM Disclosure at an ATM indicating your acceptance to purchase directly from Coinsquare’s own Crypto inventory a precise type and amount of Crypto for a disclosed Purchase Price;
  2. You insert your Card into the ATM and authorize a payment transaction on your Card for the Purchase Price;
  3. Coinsquare monitors the proposed Transaction pursuant to its AML Program and may reject you as a Customer or the Transaction at its sole discretion; and
  4. When your Transaction is approved by Coinsquare and your payment Card transaction is completed, Coinsquare causes the ATM to print a receipt for the Transaction and a Paper Wallet for you including a private key to receive and control the Crypto purchased.

DO NOT DESTROY YOUR PAPER WALLET. YOUR PAPER WALLET IS VERY IMPORTANT BECAUSE WITHOUT IT YOU WILL NOT BE ABLE TO ACCESS THE CRYPTO YOU HAVE PURCHASED.

5.2
Coinsquare-as-Buyer: Coinsquare buys Crypto from you

Coinsquare hereby offers to buy from you Crypto at the price and quantity indicated on the Site, such as they are from time to time. Each Coinsquare-as-Buyer Transaction consists of you selling an agreed type and quantity of Crypto to Coinsquare for a specific Fiat amount (the “Purchase Price”), all as per disclosure appearing in your Account on the Site, with the following steps:

  1. By your preferences selected on the Site, you hereby accept: (x) this Agreement; (y) your sale to Coinsquare of a fixed type and quantity of Crypto; in consideration of (z) a fixed Purchase Price;
  2. You shall provide such information as Coinsquare may require in support of a review of you and the Transaction under its AML Program;
  3. You shall be instructed to send the Crypto you are selling to a Coinsquare Crypto wallet identified for that purpose (the “Coinsquare Wallet”);
  4. Please wait between a few minutes and a few hours for the Crypto network to confirm that Coinsquare has received the Crypto you are selling;
  5. When Coinsquare has been able to confirm its receipt of the Crypto you are selling in its Coinsquare Wallet, Coinsquare will send you a text message that includes an important unique code that will allow you to receive the Fiat Coinsquare has agreed to pay for your Crypto (the “Payment Code”);
  6. When you have the Payment Code, please go to the nearest (participating) ATM (see a map on the Site to find the closest one); and
  7. Enter your Payment Code in the ATM and Coinsquare will provide your Fiat Purchase Price to you directly in cash dollar bills. Take your Fiat.

5.3
Integrated Platform Transactions

An Integrated Platform Transaction does not include the transfer of any Crypto or Fiat by Coinsquare, instead, it consists of Coinsquare receiving or sending only Data from, to or between an Integrated Platform, Coinsquare and yourself. Coinsquare shall carry out Integrated Platform Transactions as per your instructions received through the Account or into the Account through an Integrated Platform.

Coinsquare is not a party to your Integrated Platform Agreement or other third party terms and has no liability to you or any third party under any of them. If you use Coinsquare to provide or receive Data so that an Integrated Platform or third party can transact for you or with you and such transaction succeeds or fails, Coinsquare shall have no liability to you for such outcomes and you shall look to only the Integrated Platform or third party for recovery. Coinsquare does not endorse any third party product or service even if such third party is an Integrated Platform.

5.4
Other Transactions

Subject to additional terms and disclosure as may be provided on the Site, there may be additional Transactions available in the Service.

5.5
AML

The Service, including but not limited to Transactions, are operated pursuant to the AML Program. Where any actual or potential Transaction is contrary to the AML Program, Coinsquare will not allow the Transaction to occur. During and following the term of this Agreement, you shall provide such Data as Coinsquare or any Integrated Platform shall require to perform a thorough review of you and each Transaction. Any failure by you to provide such information constitutes a material breach of this Agreement.

5.6
Fees

Coinsquare may charge you fees for its Services as determined in its sole discretion, all of which shall be disclosed to you in your Account or within the ATM Disclosure. Coinsquare does not represent that its purchase or sale price in any Crypto Transaction is equal to the then current market price for the subject Crypto. You can purchase or sell Crypto with third parties if you wish and at different prices that they may offer. Integrated Platforms may charge fees under their respective terms; please read them carefully before carrying out any Transaction. Your payment Card issuer or other payments provider may charge fees for use of your payment instrument when making a payment Transaction with a third party or with an ATM; Coinsquare is not liable for any such fees or other banking fees you may incur.

5.7
Errors

If you observe an error in any Transaction or any part of the Service, you must report it promptly to Coinsquare.  Coinsquare will use commercially reasonable efforts to fully address any error that has occurred in the Service within thirty (30) days of its occurrence if it is reported to Coinsquare no later than 12 hours after its occurrence.  If the error is reported more than 12 hours after its occurrence, Coinsquare shall use commercially reasonable efforts to resolve the matter.

6

RISK OF CRYPTO

Coinsquare does not provide financial advice.  None of the disclosure provided on the Site or at an ATM is financial advice.

You acknowledge and accept that there are inherent risks associated with Crypto and that such risks extend to Transactions. These risks include but are not limited to the failure of hardware, software or internet connections, the risk of malicious software introduction and the risk of unauthorized access to your Account (if any) or Your Wallet. It is your responsibility to familiarize yourself with the risks involved with Crypto, their protocols and networks. Use of the Service does not remove these risks. Coinsquare is not responsible for any communication failures, disruptions, errors, distortions or delays when using the Services, however they may be caused. Transactions are contingent on the relevant Crypto network remaining operational which may be a function of Crypto miners, none of which are controlled by Coinsquare and for which Coinsquare has no liability. You acknowledge and agree that the value of Crypto can change rapidly and without warning, increase or decrease unexpectedly and may even fall to zero. There is no guarantee that you will be able to sell your Crypto to any third party at a later time, and in no event will Coinsquare be obligated to purchase from you any Crypto, whether bought from Coinsquare or otherwise. Transactions will take time to be confirmed and may in some cases not be completed. If you attempt to send or receive Crypto that are not supported by Your Wallet or Integrated Platform they may be lost entirely and not be recoverable. In no event will Coinsquare be liable to you or to any third party for any of the foregoing. If the Services post a dollar value in association with a given Crypto, such posting does not constitute a representation or guarantee as to the actual or projected value of the Crypto. It is your responsibility to independently ascertain the value of your Crypto, without relying on the Services. You understand and accept that there are also inherent risks associated with using any Crypto. Crypto is not Fiat money and it is not insured by the FDIC or any other insurer. Transactions are irreversible and if you lose the private keys to Your Wallet, all your Crypto may be taken and may not be retrievable. These risks include but are not limited to unanticipated changes to the network protocol and unknown vulnerabilities which may include or result in underlying technology attacks. Other possible changes that could render Your Wallet inaccessible may include forks or rollbacks of Crypto, networks, or blockchains. Coinsquare has no control over any Crypto and will not be responsible for any loss you suffer when you transact via any Crypto. The abovementioned is not a closed list, there may be additional risks that have not been foreseen or identified in the Agreement or elsewhere. You should carefully assess whether your financial standing and tolerance for risk are suitable for buying, selling or trading Crypto.

7

Your Representations and Warranties

You represent and warrant to Coinsquare that:

  1. You shall not use the Service for any Prohibited Use or in support of any Prohibited User or for any Prohibited Crypto transaction;
  2. The execution of the Agreement does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;
  3. You will not infringe or violate any of the Agreement;
  4. You possess the legal authority to enter into this Agreement and to form a binding agreement under any applicable law, to use the Service in accordance with this Agreement, and to fully perform your obligations hereunder;
  5. If you use the Service on behalf of a business, corporate or charitable entity, you represent, warrant and agree: (i) that you are duly authorized under any applicable law to represent such entity in connection with this Agreement and to commit it to be bound by this Agreement; (ii) hereby make all representations and warranties herein on both your and its behalf; and (iii) personally guarantee performance by such entity hereunder;
  6. You possess the knowledge and judgment necessary to decide whether to use the Service or otherwise engage with other use of the Service;
  7. Your Wallet is owned and controlled exclusively by you;
  8. You are solely responsible for complying with applicable laws regarding use of the Service and Integrated Platforms including, without limitation, the determination of whether a Transaction complies with laws applicable to you;
  9. You shall not rely on Coinsquare and fully understand that Coinsquare does not provide any endorsement, support, financial advice, representation or guarantee regarding the accuracy, reliability, truthfulness, legality or completeness of any goods, services, information or content that may be available to you in connection with an Integrated Platform;
  10. You shall obtain independent professional advice (including financial, legal, accounting, commercial and any other advice) to protect your interests before engaging in any Transaction. You acknowledge that there is no professional relationship (including any attorney-client or advisor-advisee relationship) between you and Coinsquare;
  11. You have read and agree to assume the risks identified above; and
  12. You shall not use the Service to share any passwords or private keys for Your Wallet or other accounts.

8

Intellectual Property Rights

The Service is protected by copyright, trade secret and other Intellectual Property Rights. Coinsquare owns the title, copyright and other worldwide Intellectual Property Rights in the Service. Nothing in this Agreement grants you any right, title or interest in the Service or other software or Intellectual Property Rights of Coinsquare. All Intellectual Property Rights relating to the Service and all elements thereof shall be and shall remain the property of Coinsquare and its licensors.

You shall not:

  1. copy, modify, create derivative works of, adapt, emulate, translate, reverse engineer, compile, decompile or disassemble any portion of the content on the Service, including any information, material and data available on the Service (collectively, the “Content”) in any way, or publicly display, perform, or distribute the Content, without Coinsquare’s prior written consent;
  2. copy, modify, create derivative works of, reverse engineer, adapt, emulate, translate, reverse engineer, compile, decompile or disassemble the Service or permit others thereto;
  3. make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Coinsquare’s prior written consent;
  4. create a browser or border environment around the Service or Content, link, including in-line linking, to elements on the Service, such as images, posters and videos, and/or frame or mirror any part of the Service, unless as expressly permitted hereunder;
  5. interfere with or violate any other your right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Service without their express and informed consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
  6. transmit or otherwise make available in connection with the Service, and/or use the Service to distribute and/or otherwise transmit any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
  7. interfere with or disrupt the operation of the Service, or the servers or networks that host the Service or make the Service available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
  8. sell, license, or exploit for any commercial purposes any use of or access to the Content or Service;
  9. create a database by systematically downloading and storing all or any of the Content, or forward any data generated from the Service without the prior written consent of Coinsquare;

9

Personal Information Privacy Consent

Coinsquare respects your privacy and is committed to protecting the information you share with Coinsquare in connection with the Service. The Coinsquare policy and practices and the type of information collected are in Coinsquare Privacy Policy.

As detailed in the Coinsquare Privacy Policy, Data that we may collect, obtain or send to or for you in order to provide the Service, may include but is not necessarily limited to: your name, date of birth, address, identification document, utility bill, other know-your-customer and customer identification information, payment currency selection, payment card information, bank or other payment account information, Crypto type, Your Wallet address, Your Return Wallet address, payment currency selection, your location, other Integrated Platform Data, IP address and other information detailed in the Coinsquare Privacy Policy. The fact of Coinsquare sending Integrated Platform or other third party Data to you does not mean that such Data is correct and Coinsquare makes no representation as to the completeness or accuracy of any such Data communicated through the Service.

Subject to this Agreement, to the extent necessary to provide the Service, screen you and other users for illegal, fraudulent or other harmful activity, you hereby consent for Coinsquare to collect, store and disclose Data concerning you and your Transaction from, to and amongst you, Coinsquare, and Integrated Platforms. Coinsquare reserves the right to retain your Data for up to seven (7) years following termination this Agreement in order to comply with applicable laws, protect others from fraud and improve the Services.

You represent that all Data and other information that you provide to Coinsquare and Integrated Platforms shall be true and accurate. Any false or fraudulent information or use of Service is prohibited. Without limitation, to the extent that you provide us or any Integrated Platform with any information that is false or misleading, you shall be responsible for any losses or claims arising therefrom.

10

Integrated Platforms and Other Third Party Services

The Service may be accessible through or linked to certain third party Integrated Platforms. Such Integrated Platforms are independent from the Service. You acknowledge that Coinsquare has no control over Integrated Platforms or any other third parties, and further acknowledge and agree that Coinsquare is not responsible for the availability of Integrated Platforms or any other third party services, and does not endorse and is not responsible or liable for any goods, services, content, advertisements, products, or any materials available from them.

You shall read all Integrated Platform Agreements and only accept them if you agree with them.

You hereby instruct each Integrated Platform with whom you have an Integrated Platform Agreement to share Data concerning you and your Transactions with Coinsquare in order for Coinsquare to deliver the Services and to assist in attempting to prevent illegal, fraudulent or other harmful activity.

11

NO EXPRESS WARRANTIES

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, COINSQUARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OR OPERATION OF THE SERVICE.

THE SERVICE, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

COINSQUARE AND ITS AFFILIATES, INCLUDING ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, “COINSQUARE AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED BY OR COMMUNICATED BY COINSQUARE HEREUNDER OR BY ANY THIRD PARTY.

COINSQUARE DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE INTEGRATED OR LINKED TO THE SERVICE OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE, INCLUDING ANY INTEGRATED PLATFORM.

COINSQUARE DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. COINSQUARE MAY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SERVICE AT ANY TIME OR TO DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU.

COINSQUARE SHALL NOT BE LIABLE TO YOU IN ANYWAY WHATSOEVER FOR THE TRANSFER OF ANY CRYPTO IF YOU PROVIDE US WITH ANY INCORRECT AND/OR INCOMPLETE, PUBLIC KEY, AND/OR CRYPTO WALLET ADDRESS.

12

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COINSQUARE AND/OR ANY OF THE COINSQUARE AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE SERVICE, USE OR INABILITY TO USE THE SERVICE, FAILURE OF THE SERVICE TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF COINSQUARE TO PERFORM UNDER THESE TERMS, AND OTHER ACT OR OMISSION OF COINSQUARE BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM YOUR CONDUCT OR THAT OF ANY INTEGRATED PLATFORM OR OTHER THIRD PARTY.

NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION.

UNDER NO CIRCUMSTANCES SHALL THE LIABILITY OF COINSQUARE UNDER THESE TERMS EXCEED USD $10.00 (TEN UNITED STATES DOLLARS).

THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT LIMIT THE OBLIGATION OF COINSQUARE TO DELIVER TO YOU THE FIAT OR CRYPTO PROMISED PURSUANT TO A VALID TRANSACTION, WHERE THE LIABILITY OF COINSQUARE SHALL BE UP TO THE AMOUNT OF SUCH FIAT OR CRYPTO NOT YET DELIVERED AND NO MORE.

13

Indemnification

Coinsquare’s obligations towards you will be absolutely discharged upon delivery of Data, Crypto or Fiat to you or an Integrated Platform as per a valid Transaction, as the case may be.

You shall defend, indemnify and hold harmless Coinsquare and any Coinsquare Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney’s fees) arising from: (i) your use of the Service (or any part thereof); (ii) your violation of any term of this Agreement; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Service, and in connection with the Service; (iv) your violation of any third party rights; and (v) any charge-back or cancellation of any monetary deposit, cryptocurrency transfer or payment made by you through the Service.

14

Amendments

Coinsquare may change the Agreement from time to time, at its sole discretion and without any notice, including the Privacy Policy; such changes shall take effect 30 days following their being posted to the Site. If you do not agree with any modification to the Agreement, your sole and exclusive remedy is to terminate your use of the Site and/or Services and to close your Account. In the event that the Agreement should be amended to comply with any legal requirements, such amendments shall take effect immediately and without any prior notice, as may be required by law.

15

Termination

At any time, Coinsquare may block your access to the Service or terminate this Agreement, for any reason or for no reason, at its sole discretion without prior notice to you and without your consent. Coinsquare shall not be liable to you for any such termination.

Additionally, Coinsquare may at any time, at its sole discretion, cease the operation of the Service or any part thereof, temporarily or permanently, without giving any prior notice.  You agree and acknowledge that Coinsquare does not assume any responsibility nor liability with respect to, or in connection with the termination of the Service and/or loss of any data.

You may terminate this Agreement at any time for any reason or for no reason.

No termination of this Agreement shall reduce any of your liabilities which accrued prior to such termination.

16

General

  1. This Agreement does not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Coinsquare and you.
  2. This Agreement, and the rights and remedies provided hereunder, and any and all claims, disputes and controversies arising hereunder or related hereto and/or to the Service, their interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement, or any related transaction shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the laws of the Commonwealth of Pennsylvania without reference to its conflict-of-laws principles.
  3. Unless you opt out as indicated below, any dispute arising from or relating to this transaction shall be resolved by final and binding arbitration. The arbitrator shall also decide what is subject to arbitration. The arbitration will be administered by National Arbitration and Mediation ("NAM") under its Comprehensive Dispute Resolution Rules and Procedures, which are available at www.namadr.com/downloads.cfm or by writing to 990 Stewart Ave., 1st Fl., Garden City, NY, 11530 and explain how to initiate arbitration. You will be responsible for up to $125 of the administration fees. Coinsquare may reduce this amount if you demonstrate hardship. This Agreement is governed by the Federal Arbitration Act, and any award shall be subject to judicial confirmation. Any arbitration shall take place on an individual basis; class actions or arbitrations are not permitted. If any part of this paragraph is deemed invalid, it shall not invalidate the other parts. If NAM is unavailable, the parties or a court will select another arbitrator. You may opt out of arbitration within 30 days after initiating a transaction by sending us that request through your Account. IF YOU DO NOT OPT OUT, YOU WILL WAIVE ANY RIGHT TO A TRIAL BY JURY OR JUDGE IN COURT AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.
  4. Coinsquare may assign its rights and obligations hereunder and/or transfer ownership rights and title in the Service to a third party without your consent or prior notice to you. Your rights and obligations under the Agreement are not assignable. Any attempted or actual assignment thereof without Coinsquare’s prior explicit and written consent will be null and void.
  5. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
  6. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
  7. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
  8. These Agreement constitute the entire terms and conditions between you and Coinsquare relating to the subject matter herein and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Coinsquare and you, including, without limitation, those made by or between any of Coinsquare respective representatives, with respect to the Service. You agree that you will make no claim at any time or place that this Agreement have been orally altered or modified or otherwise changed by oral communication of any kind or character. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Coinsquare in entering into this Agreement.
  9. Coinsquare shall not be liable for delays, failure in performance or interruption of service which results directly or indirectly from any cause or condition beyond its reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, acts 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, other catastrophe or any other occurrence which is beyond Coinsquare’s reasonable control and shall not affect the validity and enforceability of any remaining provisions.
  10. The following provisions of this Agreement shall survive any termination hereof: 6 Risk of Crypto, 7 Representations and Warranties, 8 Intellectual Property, 9 Personal Information, 10 Third Party Services, 11 No Express Warranties, 12 Limitation of Liability, 13 Indemnification, 15 Termination, 16 General and 18 Glossary.
17

Contact

If you have any questions or comments concerning this Agreement or the Service, please contact Coinsquare through the contact information posted in the Service.

18

Glossary

The following terms as used in this Agreement shall have the definitions indicated:

Account means a unique account that Coinsquare may create within its system that serves as a record of your use of the Service and a means to send and receive Data.

Affiliate means, in relation to a person or entity, another person or entity that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or common control with the person or entity, or a person’s or entity’s principal partners, shareholders, or owners of some other ownership interest.

AML Program means Coinsquare policies and procedures to prevent the financing of terrorism, money laundering and other illegal or dangerous activity, such as it may be from time to time.

ATM means an automated teller machine at which the Service is available. The locations of ATMs are indicated on the Site.

ATM Disclosure means the disclosure and disclaimer made at an ATM in the course of a Transaction.

Card means a payment card that is able to perform payment transactions at an ATM.

Coinsquare-as-Buyer Transaction means a Transaction where you sell Crypto to Coinsquare pursuant to this Agreement.

Coinsquare-as-Seller Transaction means a Transaction where Coinsquare sells Crypto to you pursuant to ATM Disclosure, this Agreement or both.

Coinsquare Jurisdiction means the Commonwealth of Pennsylvania, being the state in which Coinsquare has its registered address.

Coinsquare Privacy Policy means the privacy policy of Coinsquare applicable to the Services posted at https://www.coinsquareatm.com/privacy-policy.html.

Crypto, Virtual Currency, Digital Currency means one or another decentralized convertible virtual currency, such as Bitcoin: (i) that is indicated in the Service as compatible with the Service; (ii) in which both you and Coinsquare wish to carry out a Transaction; and (iii) that is not illegal to own, purchase or sell in Your Jurisdiction or the Coinsquare Jurisdiction.

Data means information concerning you, Coinsquare, an Integrated Platform, and relevant to you or a Transaction of yours.

Fiat means real money issued by a sovereign nation, such as, for example U.S. dollars.

Integrated Platform means a third party: (i) with whom you have entered into an agreement (being the Integrated Platform Agreement); (ii) to which or from which Coinsquare is capable of receiving or sending Data pursuant to an Integrated Platform Coinsquare Agreement; and (iii) to or from which you hereby instruct Coinsquare to obtain or send Data.

Integrated Platform Services means products or services offered to you under an Integrated Platform Agreement. For example, an Integrated Platform Service might be a Crypto wallet.

Integrated Platform Coinsquare Agreement means an agreement between Coinsquare and an Integrated Platform pursuant to which the Integrated Platform agrees to communicate Data to and from you via Coinsquare.

Integrated Platform Agreement means legal terms of use between you and an Integrated Platform concerning the Integrated Platform Services.

Intellectual Property Rights means all intellectual property rights and all tangible embodiments of such rights, wherever located, including but not limited to the following: (i) all trademarks, service marks or other designations of origin, including all registrations and related applications and all goodwill associated with any of the foregoing; (ii) all copyrights, moral rights, and other rights in works of authorship, including all registrations and related applications; (iii) all inventions and ideas, whether patentable or not, and all patent rights, patents and patent applications; (iv) all know-how, trade secrets, confidential information, and other proprietary rights and information; and (v) all other rights covering intangible property recognized in any jurisdiction.

Paper Wallet means a Crypto wallet for which the public and private keys are printed on a piece of paper.

Transaction means an (i) actual or attempted purchase or sale by you of Crypto from or to Coinsquare via the Site or an ATM; or (ii) Coinsquare receipt or sending of Data to or from you or an Integrated Platform. For example, a Transaction may consist of you buying Bitcoin from Coinsquare.

Your Jurisdiction means the place where you are located or domiciled or both.

Your Wallet means a Crypto wallet that is owned and operated by you and that is compatible with the Crypto that is the subject of a Transaction and that is acceptable to Coinsquare. If we cause an ATM to print a Paper Wallet for you, then it shall be Your Wallet, provided you may have other wallets that you also use as Your Wallet.

Prohibited Use means any act or omission that is illegal in the place where you are located or normally domiciled or where Coinsquare or the relevant Integrated Platform is located or for any of the following:

  • Betting, including lottery tickets, casino gaming chips, off-track betting, memberships on gambling-related internet sites and wagers at races;
  • Credit counseling or repair agencies;
  • Credit protection or identity theft protection services;
  • Direct marketing or subscription offers;
  • Inbound or outbound telemarketing businesses including lead generation businesses;
  • Internet, mail or telephone order pharmacies or pharmacy referral services;
  • Items that encourage, promote, facilitate or instruct others to engage in illegal activity;
  • Items that may be counterfeit including, but not limited to: designer handbags, clothing and accessories, and consumer electronics;
  • Items that may infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
  • Items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
  • Items that promote, support or glorify acts of violence or harm towards self or others;
  • Live animals;
  • Medical equipment;
  • Multi-level marketing businesses (MLM);
  • Payment aggregators;
  • Prepaid phone cards or phone services;
  • Purchase, sale or promotion of drugs, alcohol, or drug paraphernalia, or items that may represent these uses;
  • Rebate based businesses;
  • Sales of money-orders or foreign currency;
  • Up-sell merchants;
  • Using the Service as a means to transfer funds between bank accounts held in the same name;
  • Using the Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property, taxation and other proprietary rights and data collection and privacy;
  • Using the Service in a manner that Coinsquare or any Integrated Platform reasonably believes to be an abuse of their respective service;
  • Using the Service in any manner that could damage, disable, overburden, or impair Coinsquare including without limitation, using the services in an automated manner;
  • Using the Service in violation of the terms of this Agreement, as reasonably determined by Coinsquare;
  • Using the Service to collect payments that support pyramid or ponzi schemes, matrix programs, other “business opportunity” schemes or certain multi-level marketing programs;
  • Using the Service to control an account that is linked to another account that has engaged in any of the foregoing activities;
  • Using the Service to defame, harass, abuse, threaten or defraud others, or collect, or attempt to collect, personal information about users, registered recipients, or third parties without their consent;
  • Using the Service to intentionally interfere with another user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code;
  • Using the Service to make unsolicited offers, advertisements, proposals, or to send junk mail or spam to others;
  • Using the Service to send or receive what Coinsquare considers to be funds for something that may have resulted from fraud or other illegal behavior;
  • Using the Service while impersonating any person or entity or falsely claiming an affiliation with any person or entity;
  • Or weapons including replicas and collectible items;
  • Weight loss programs;
  • Wire transfer money orders;
  • Using Service on or with respect to any good or service, which in itself or which contains any information or content that may be considered as abusive, harassing, threatening, inciting hatred, encouraging or facilitating anti-social behavior, promoting the tobacco industry or the armaments industry, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable, offensive and/or violating in any way the legal rights of others or where presence of the Content or any reference to Coinsquare and/or the Service might be perceived as damaging to Coinsquare’s reputation and goodwill or actually bring Coinsquare into disrepute;
  • Using the Service to transmit, distribute, display or otherwise make available through or in connection with the Service any content, which may infringe third party rights, including Intellectual Property rights and privacy rights, or which may contain any unlawful content;
  • Using the Service to impersonate any person or entity or provide false information on the Service, whether directly or indirectly;
  • Using the Service to falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Coinsquare or any third party endorses you, your business, or any statement you make, or present false or inaccurate information about and/or through the Service;
  • Using the Service to for or in connection with any form of spam, unsolicited mail or similar conduct; or
  • Bypass any measures which may be used to prevent or restrict access to the Service or certain functionalities therein or those of third parties.