General Terms of Service
The following document outlines the terms and conditions for any use of our Services, through our Bitnik ATM Machines through our Website or through any other manner. By using our Services, you accept and undertake to be legally bound by these Terms of Services (“Terms”). If you do not accept these Terms, do not access and use our Services. You must be at least 18 years old to use our Services and you must not be a politically exposed person as defined in these Terms.
You” refers to the person, company, or organization that uses our Services and “Bitnik/We/Us/Our” refers to Bitnik d.o.o. All references to the “Website” shall include all URL’s operated by us.
“Services” means any feature provided by us via the Website or via Bitnik ATM Machines (“Bitnik ATM’s”). We offer you the ability to purchase and sell digital asset directly from and to us. “Digital Asset” means bitcoins, ripples and other digital assets that may be purchased or sold via the Services.
You can purchase and sell digital assets via our Website: https://bitnik.eu or via Bitnik ATM’s. Bitnik ATM’s are currently located in the following locations in Slovenia (“Bitnik ATM Locations”): (a) Kino Šiška, Trg prekomorskih brigad 3, Ljubljana (b) Hostel Tresor, Čopova ulica 38, Ljubljana, (c) Planet TUš Maribor, na Poljanah 18, Maribor, (d) Planet Tuš Koper, Ankaranska cesta 2, Koper and (e) Qlandia Novo Mesto, Otoška cesta 5, Novo Mesto. Additional locations may be added to Bitnik ATM Locations. The limit of daily traffic on Bitnik ATM’s is limited to 1.000, 00 EUR. By using our Services on Bintik ATM’s you expressly agree and acknowledge, that the limit of your daily traffic shall not exceed 1.000,00 EUR.
Please note that the risk of loss in trading or holding Digital Asset can be substantial. You should therefore be aware of the associated risks and carefully consider whether purchasing or holding bitcoin is suitable for you in light of your financial condition.
You must be at least 18 years old to use our Services and you must not be politically exposed person as defined below. By using our Services you represent and warrant that you: (a) are at least 18 years old; (b) you have full power and authority to enter into this agreement (c) have not been previously suspended or removed from using our Services (c) your are not politically exposed person.
If you are using the Services on behalf of a legal entity, you represent and warrant that: (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; (b) you are duly authorized by such legal entity to act on its behalf.
In accordance with Article 61 of Prevention of Money Laundering and Terrorist Financing Act (ZPPDFT-1 ) the use of our Services is prohibited to users who is a politically exposed person. You are not allowed to use our Services if you or in the event of legal entity, your statutory representative is a politically exposed person. Politically exposed person means any natural person who is or has been entrusted with prominent public function in any EU member state or any third country in the previous year or is so currently, including tis immediate family members and close associates. Natural persons who are or have been entrusted with prominent public function are considered to be the following: (i) head of state, prime ministers, ministers and their deputies or assistants; (ii) elected representatives in legislative bodies; (iii) members of executive bodies of political parties (iv) members of supreme and constitution courts and other high-level judicial authorities against whose decisions there is no ordinary or extraordinary legal remedy, save in exception cases; (v) members of courts of audit and boards of governor of central banks; (vi) ambassadors and counsels and head of representatives of international organizations, their deputies and high-ranking officers of armed forces; (vii) members of the management or supervisory bodies of undertakings in majority state ownership (viii) head of international organizations (such us general secretes, directors, judges), their deputies and members of leading organs or carriers of equivalent functions in international organizations. Immediate family members considered to be politically exposed persons are: spouse, common law partner, parents and children and their spouses or common law partners. Close associate means any natural person who has a joint profit from property or business relationship or has any other close business links.
3. HOW DOES IT WORK
Use of our Services on Bitnik ATM’s
a) Process of purchasing Digital Asset. Upon choosing an option “buy” on Bitnik ATM, you need to scan the QR address code of your wallet. How many Digital Asset you will receive for one (1) Euros is displayed on Bitnik ATM. By initiating a buy you agree to such transaction and to the exchange rate specified in the moment you initiate the transaction. The transaction is finished once you press the “send” button. In the event of any technical difficulties before inserting Euro coins in Bitnik ATM, the purchase procedure will start again. In the event of technical difficulties after inserting at least one banknote, Bitnik ATM shall finish the transaction and shall sent Digital Asset equivalent to the banknotes inserted to your wallet or bitcoin address. Bitnik ATM accepts only Euro banknotes, whereas it accepts all Euro banknotes. Bitnik reserve the right to change/add additional currencies and limit the banknotes, based on our sole discretion.
Bitnik ATM is designed in a way that it always finishes the transactions, even in the event of any interruptions in the process of purchasing Digital Asset. In the event of errors in the transaction, where you have inserted banknotes and the transaction was not completed (Digital Asset was not sent to you), Bitnik shall decide based on its sole discretion, whether to send Digital Asset or euros to you.
b) Process of selling Digital Asset. Upon choosing option “sell” on Bitnik ATM, you need to specify the amount of Digital Asset you wish to sell and the type of banknotes you wish to receive. Once you will confirm your order Bitnik ATM shall display bitcoin QR payment request code, with the amount and address. You will then need to scan the QR code with your Digital Asset wallet and sent the exact amount of Digital Assent on specified address. Bitnik ATM will automatically detect and process the receipt of bitcoins and it will pay out the banknotes. Depending of the amount of Digital Asset you wish to sell and depending of network and transaction characteristics, Bitnik ATM may request a phone number from you. In such event, you will be notify via SMS, once your banknotes will be ready for collection. SMS services are not controlled by us, therefore we take no liability for the delivery of SMS’s. If the transaction has at least one confirmation and you did not receive any SMS, you can try to collect the banknotes. Bitnik ATM can pay out twenty banknotes at the time. If the event of higher transaction, the banknotes shall be paid out to you in fast consecutive events. In the event, you have tied your sell on receiving SMS, you can collect the banknotes within 24 hours from the confirmation of first transaction. After 24 hours, you will no longer be able to collect the banknotes and you need to contact us on the following email: firstname.lastname@example.org
The transaction is deemed correct and executed once Bitnik receives the exact amount of Digital Asset on its account and once you receive euro notes. In the event Bitnik shall not receive the right amount of Digital Assets or Digital Assets shall not be forwarded to the correct Bitnik’s address, the transaction is not executed and Bitnik will return Digital Asset to your account. In the event Digital Assets shall not be forwarded to Bitnik’s account, the transaction is deemed null and non-existent and Bitnik disclaims all liability regarding such transaction
Use of our Services through our Website
If you wish to conduct the Services online through universal payment order (UPN) please contact us over the email email@example.com or phone: +386 1 777 42 43 and we will instruct you on how to proceed with the transaction.
4. TERMS OF SALE
Prices for Digital Asset. Purchase and selling prices for Digital Asset which are displayed on our Website and Bitnik ATM’s are based on BitPay currency rates and are subject to real time changes. Once you start with your purchase or sell, the price will be locked until you finish with your transaction. We do not control the currency exchange rate and we do not accept any liability thereof. All Digital Asset sales and purchases by Bitnik are subject to availability and we reserve the right to discontinue the sale and purchase of Digital Asset without notice. Additional Fees to the transaction may apply upon using our Services, as specified in section 7. of these Terms.
Errors. In the event of an error in processing your purchase, or otherwise, we reserve the right to correct such error and revise your purchase transaction accordingly (including charging the correct price) or to cancel the purchase and refund any amount received. Your sole remedy in the event of an error is to cancel your purchase order and obtain a refund of any amount charged. If any errors occurred in the transaction you need to notify us immediately, or at least within 7 days of such error on the following email: firstname.lastname@example.org. We shall return funds or Digital Asset to you within 3o days. If you do not notify us within this timeframe or if we were not able to compensate you within 30 days due to the causes on your side, we are no longer liable to do so and we disclaim all liability thereof.
Payment Method. Only valid payment methods specified by us may be used to purchase Digital Asset. If you purchase Digital Asset’s at our Bitnik ATM’s, you represent and warrant that your purchase shall not be higher than 1.000,00 EUR per day. The purchase at out Bitnik ATM’s may only be made in paper money (Bitnik ATM does not accept coins). If you purchase Digital Asset online, you represent and warrant that you are authorized to use the designated payment method. If the payment method you designate cannot be verified, is invalid or is otherwise not acceptable, your purchase order may be suspended or cancelled automatically. You agree to resolve any problems we encounter in order to proceed with your purchase order.
No Returns or Refunds. All sales and purchases of Digital Assets by Bitnik via the Services are final. We do not accept any returns or provide refunds for your purchase of Digital Assets from Bitnik, except as otherwise provided in these Term.
Taxes. In accordance with point d, section 4 of Article 44 of Value Added Tax Act (ZDDV-1), the Services are exempt from Value Added Tax. You are however obligated to pay any and all taxes in connection with the transaction and if so required by law, report such transactions to applicable institutions.
Bitnik Fees. You agree to pay Bitnik a certain percentage of fee for purchase and sell of Digital Asset (“Bitnik Fees”). Bitnik Fees at the time of your transaction are specified on the following link: https://bitnik.eu. Bitnik Fees may change from time to time and are subject to change based on our sole discretion. Bitnik Fees are already included in Digital Asset price displayed in the time of your transaction.
Third-Party Fees. In addition to the Bitnik Fees, some additional third-party fees may apply when purchasing and/or selling Digital Assets (for example: Mining Fee). Mining Fee is a Digital Network transaction fee, which apply in every transaction with Digital Asset and is not governed by Bitnik. Additionally your external account may impose fees in connection with your use of your designated External Account via the Services. Any fees imposed by your External Account provider will not be reflected on the transaction screens containing information regarding applicable Fees. You are solely responsible for paying any fees imposed by an External Account provider and any other third-party fees.
6. ACCEPTABLE USE
When accessing and using our Services, you agree and acknowledge that you will use the Services in accordance with these Terms and with applicable law and that you will not violate any law, contract, intellectual property, privacy or other third-party right or commit a tort and that you are solely responsible for your conduct while using the Services. Without limiting the generality of the foregoing, you agree that you will not:
Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Use our Services to pay for, support or otherwise engage in any illegal activities; including but not limited to: gambling, fraud; money-laundering; or terrorist activities; or other illegal activities;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
Use or attempt to use another user’s account without authorization;
Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
Develop any third-party applications that interact with our Services without our prior written consent;
Operating as an unlicensed money transmitter, money service, payment service provider, e-money, or any other financial services business which requires licensure, including but not limited to exchanges of virtual currencies, sales of money orders or traveler’s checks, and escrow services;
Provide false, inaccurate, or misleading information; and
Encourage or induce any third party to engage in any of the activities prohibited under this Section.
For the purpose of account security, Bitnik reserves the right to request additional information at any time to support the verification of user identities.
7. INTELLECTUAL PROPERTY RIGHTS
Bitnik reserves all rights, titles and interest to the Services, Bitnik ATM’s, Website and Bitnik Intellectual Property, whether registered or not, except of the copyright of third parties’ technologies. For the purposes of this Terms, “Intellectual Property Rights” means all patent rights, trade names, proprietary rights, copyright rights, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, under the laws of any state, country, territory or other jurisdiction.
Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring any license or right to You, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Services, Bitnik ATM’s, Website and Bitnik Intellectual Property may be used only as provided in these Terms.
In connection with your use of our Services you may provide us with your Feedback (suggestions, ideas, reviews, comments, material and questions or other information and/or material regarding the Services and our website). We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials You provide to us, regarding our Services, whether by email, posting through our Services or otherwise. You waive any rights you may have to the Feedback (including any copyrights to the extend permitted by law) and we will be entitled to such Feedback for any purpose (including commercial use), without acknowledgment or compensation to you. And Feedback you provide to us is non-confidential, non-proprietary and is not subject to a third party license and we have no liability for any loss or damage suffered by you as a result of the disclosure or use of such Feedback. We have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in this section.
9. THIRD PARTY WEBSITE
Our Services may include links to third party websites (“Third Party Sites”). If you use any links made available through our Services to reach other websites not maintained by Bitnik you will leave our Services and Website. The linked sites are not under the control of Bitnik and Bitnik is not responsible for the content of any linked site or any link contained in a linked site. The linked sites are governed by the terms and conditions of that site.
Bitnik shall not be responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, statements, representations, advertising, products, services or other materials available on or through Third Party Sites. Bitnik provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by Bitnik of the linked website, nor does it imply that the linked website recommends, approves of, or endorses Bitnik.
10. CHANGES TO THESE TERMS
We reserve the right, at its sole discretion, to modify or replace the Terms at any time. It is Your sole responsibility to review these Terms and eventual revision periodically. If at any time You find these Terms unacceptable or if You do not agree to these Terms, please do not use our Services. You will be deemed to have accepted such changes by continuing to use our Services/access our Website.
11. WARRANTY DISCLAIMER
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR SERVICES ARE PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY WAIVE AND WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
BITNIK DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED IN REASONABLE TIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL BITNIK (Including Bitnik’s officers, directors, employees, agents and suppliers) BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) YOUR USE OR INABILITY TO USE OUR SERVICE; (B) UNAUTHORIZED ACCESS TO YOUR ACCOUNT (C) FAILURE OF PERFORMANCE (D) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS AND PERFORMANCE OF THE SERVICES (E) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
IN NO EVENT SHALL BITNIK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED EUROS (100,00 EUR).
You agree fully to indemnify, defend and hold Bitnik (Bitnik’s officers, directors, employees, agents and suppliers) harmless from and against all claims, actions, demands, liability, damages, losses, costs and expenses (including legal fees) relating to or arising from (a) your use of, or conduct in connection with, our Services (b) your breach of these Terms or any other liabilities arising out of your use of the Services, or the use by any other person accessing the Website using your computer and/or your Personal Information (c) your violation of any rights of any other person or entity. Bitnik reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event you will cooperate in asserting any available defenses.
14. TERMINATION AND SUSPENSION OF THE SERVICES
We reserve the right to terminate and/or suspend your access to our Services/Website, without giving you prior written notice and delete all related information and files related to your use of our Services/Website, without liability to you, at any time for any reason, including, but not limited to, if based on our sole discretion believe: (i) You have violated these Terms, (ii) You create risk or possible legal exposure for us.
These Terms together with Privacy contain the entire Agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Bitnik for the Services. In the event of any conflict between these Terms and any other agreement you may have with Bitnik, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
We shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
We may transfer, assign or delegate the Terms and its rights and obligations without consent. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Bitnik.
Term and Termination
The Term of this Terms shall commence on the date You start using this Services/Website and shall end on a date You stop using the Services/Website or upon our termination of these Terms.
The Terms shall be governed by and construed in accordance with the laws of Republic of Slovenia, and the parties submit to the exclusive jurisdiction of competent court of Ljubljana, Slovenia.
If You need to contact us in relations to these Terms please email us to: email@example.com.
Ljubljana, December 2016