תנאי שימוש

Batel Be 61 Ltd. a company registered and operating according to the laws of the State of Israel, Company number 515788677, with the registered address 4 Ester Hamalka St. Tel Aviv, Israel (“We,” “Us,” “Our”) offers exchange services of Fiat - into Cryptocurrencies and vice versa through Our Crypto automatic teller machine (ATM) as further described hereinbelow (the “Service”). The Service is offered subject to Your acceptance of the terms and conditions as set forth herein below (the “Terms of Use”) as well as any relevant sections of the Privacy Policy. Thank you for visiting our website www.bitcoinchange.co.il (the “Website”) and/or one of our physical branches (the “Branch”).


By Your use of the Services in the Website or in one of Our Branch, you agree to the Terms of Use. Please read them carefully. We strongly recommend that prior to using the Services you carefully read through these Terms of Use and any linked documents, including the Privacy Policy www.bitcoinchange.co.il/privacy-policy . If you do not agree to any terms in the Terms of Use, please do not use the Services.

Should you require further clarification, you may contact us using the “contact us” button on the Website.

You agree that you are accessing the Services on the Website for business purposes. If you are using the Service on behalf of an organization, You are agreeing to Terms of Use for that organization and confirming that you have the authority to bind said organization (in which event, “You” and “Your” will refer to that organization).

Eligibility

You may not use the Services or the Website if:

1. You do not agree to the terms of the Terms of Use.

2. You are prohibited by local laws and regulations from using the Services; or (ii) you are not fully able and competent to enter into a binding contract with Us.

3. By using the Services, you represent and warrant that You are over 18  years old and that You have the right, authority, and capacity to enter into this Terms of Use and to abide by all the terms and conditions of the Terms of Use.

4. You are using a mixing service or any other 3rd party service.

5. Your source of funds is from gambling or will be used for gambling activity, and/or any other illegal activity.

6. You are not using the Services for a third party.

Registration

In order to use the Services, you are required to register and open an account ("Account"). As part of the registration or Account creation process on the Website or the Branch you must fill in certain personally identifying information, such as email address, date of birth, gender, address, identification card/passport or any other identifying document (basic KYC), digital Wallet ("Wallet”) identification and even payment information and any other type of information required by the Company. This information shall be held and used according to our Privacy Policy. You agree to provide true, accurate, current and complete information about yourself during the registration process and the Account opening.

You acknowledge and agree that the Accounts may be deactivated following Your written request to deactivate them (provided that any current activity in the account is completed).

You are responsible for securing your username and password and/or PIN code/12-24 word passphrase for your Account and Wallet, and you shall not transfer them to any third party. We are under no obligation to maintain your user name and password and/or PIN code/backup. If you misplace, forget or lose your password or username because of anything other than Our error, We shall not be liable for any direct or indirect loss associated with such occurrence.

You agree not to impersonate any person, misrepresent any affiliation with another person, entity or association, use false details or otherwise conceal your identity from us for any purpose. You shall notify us immediately upon any change in any of the details you provided to us, or if you are aware of any unauthorized use of your Account. You further agree not to assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the Services.

We shall not be liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

For the avoidance of doubt, We do not, through the entire process, have access to Your funds, Wallet or Account.

Price

The amounts and currencies of the Services are detailed in the electronic invoice You will be provided with to Your email address.
The exchange rate shall be determined upon the completion of the transaction.


No Refunds

Unless otherwise stated in writing with respect to particular Services, We abide by a strict, no refund policy. By accepting the Terms of Use, You agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Services.

Services

The services are provided through a cash transaction facilitated via this Bitcoin ATM. In order to use the Bitcoin ATM, You will need to deposit cash with the Bitcoin ATM and get the purchased Bitcoins sent directly to Your Wallet.

In order to execute the Sale of Digital Assets, you must have an Account and your own private digital/hardware Wallet.

Note that, selling Digital Assets must be done by using Your private digital/hardware Wallet only, with no involvement of any other 3rd party (Exchange, Custody etc).

When utilizing any of the Services, You must make sure you have a valid and operational Wallet, We are not and will not be responsible for any damages or loss in relation to your Wallet or your Digital Assets. You are solely responsible for the security and integrity of your own Wallets. We not be held responsible for Digital Assets sent to an incorrect Wallet address / wrong Blockchain network or for funds sent to an incorrect bank account, as long as the payments were made to the Wallet or account (as applicable) address/number provided by You.

We do not give any advice or service with regards to any Wallet or Wallet providers and it shall not bear any liability of any kind in connection with Your operation of your Wallet or the security measures taken (or lack thereof) by you with respect to Your Wallet, and any perceived recommendation regarding any Wallet shall not be considered a recommendation or endorsement under any circumstances.

The Services are concluded once the crypto assets/fiat are transferred. You understand that the conclusion of a transaction might take up 24 hours due to blockchain-related issues.

Certain further restrictions or specific limitations on the Services may be introduced from time to time, such will be disclosed and explained in the Branch or the Website.

Third Party Content

In our Website We include links to third-party contnet and services. Neither us nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Furthermore, the content available through the Website represents the opinions and judgments of the respective user or information provider and not of the Company’s. In no event, will be responsible for the accuracy or reliability of any opinion, advice or statement made on the website which was made by any third party. It is Your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website. For the avoidance of doubt, We assume no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any public services, and do not endorse any advice or opinion contained therein. We do not monitor or control such services, although we reserve the right to do so. We may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our service and to protect ourselves and others.

In addition, We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked website, and any link to another website shall not in any manner be construed as an endorsement by us of that Website, or of the products or services described therein. Note that, these links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites.

Advertisements and Promotions

We may run advertisements and promotions from third parties through the Website. Your business dealings or correspondence with, or participation in promotions of, advertisers or any third party, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. We are not and will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Website.

Disclaimers and Limitations of Liability

THE INFORMATION ON THE ATM OR THE OUR WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF OUR SERVICES OR WEBSITE IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE WILL ALWAYS BE AVAILABLE, ACCESS WILL BE UNINTERRUPTED, BE ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN OUR WEBSITE WILL BE CORRECTED.

INFORMATION ON OUR WEBSITE SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NEVER BE CONSTRUED TO BE PROFESSIONAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED, AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.

IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SERVICES AND WEBSITE.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO OUR SERVICES OR WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO OUR SERVICES OR WEBSITE SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US OR OUR AFFILIATES (IF ANY). ANY SUCH CLAIM SHALL BE SUBJECT TO CONFIDENTIAL BINDING ARBITRATION AS DESCRIBED LATER IN THIS DOCUMENT.

You represent and warrant that the language of this Term of Use is clear and understood to You.

Indemnification

You will indemnify and hold us and our directors, officers, shareholders, employees, advisors, contractors, subsidiaries and affiliates harmless against all direct and indirect claims, liabilities, damages, losses, obligations, injuries, penalties, claims, suits, actions, disbursements, costs, legal fees and expenses (whether actual or contingent) arising from: (i) your breach of the Terms of Use; (ii) any of your acts or omissions in connection with the Terms of Use; and/or (iii) any legal proceedings initiated by or on behalf any third party against us as a result of or in connection with your acts or omissions in regard to Your violation of the Terms of Use.

Intellectual Property

All elements of and pertaining to the Website and/or Services, including but not limited to information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (the “IP”) are the exclusive intellectual property of Us and affiliated parties in accordance with our discretion. Except as expressly authorized or licensed in writing by Us, You may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the content, in whole or in part of the IP.

Data and Information

We reserve the right to collect personal information and personal data to the extent necessary to manage Your Account and/or to improve the Website and/or Services and/or information that we send to you, in accordance with our Privacy Policy www.bitcoinchange.co.il/privacy-policy. The information can be sent to third parties that contribute to the provision of the Services provided to you. This information and data are also stored for security purposes, to meet legal and regulatory obligations.

You may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about us, the Website and/or the Services (“Suggestions”). You understand that any Suggestions submitted to us by way of communication shall be non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of any Suggestions for any purpose, commercial or otherwise, without any acknowledgment and/or compensation to you.

Force Majeure

You acknowledge and understand that if a force majeure event occurs and extends beyond our control, we shall have no liability to you, whether it be in the contract, warranty, tort, negligence, or any other method of liability for failure to perform any obligations in accordance with the Terms of Use.

Compliance with Governing Law and Dispute Resolution

You agree to obey all applicable laws while using our Website and/or services.

You agree that the laws of the State of Israel govern these terms and conditions of use without regard to conflicts of laws provisions.

You irrevocably agree to submit, for the benefit of us, to the exclusive jurisdiction of the courts of Tel Aviv for the settlement of any claim, dispute or matter arising out of or concerning the Terms of Use or its enforceability and you waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.

General

We reserve the right to modify, alter, or change these Terms of Use at any time at our own discretion, and your continued use of the Website and/or Services will be conditioned upon the Terms of Use in force at the time of you have used the Website and/or Services. We suggest you check regularly the most current version of the Terms of Use.
Unless specifically stated otherwise these Terms of Use represent the entire agreement between the Company and You supersedes any prior agreements or understandings with respect thereto, whether written or oral.
A person who is not a party to the Terms of Use has no right to rely upon or enforce any term of the Terms of Use.