Acceptance of the Terms of Service
These Terms of Service (“Terms”) apply to any access to, or use of, any services made available by Hermes Bitcoin (“Hermes Bitcoin” “we,” “us,” or “our”) using the website https://hermesbitcoin.com (the “Site”) or our mobile applications, and to any other related services provided by Hermes Bitcoin, including the use of our Bitcoin ATM Kiosks (collectively, the “Services”).
Please read the Terms of Service carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms and our privacy policy. If you do not agree to these Terms of Service or the privacy policy, you must not access or use the Services.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the change is posted by us. If we make changes, we will let you know by revising the date at the top of the Terms. Your continued use of the Sites after such posting shall be deemed to constitute acceptance by you of the changes.
1. ELIGIBILITY
1.1. General Requirements
The Services are intended solely for users who are 18 or older and who satisfy the criteria described in these Terms. You represent and warrant that you:
(a) are of legal age to form a binding contract;
(b) have not previously been suspended or removed from using our Services;
(c) are not identified on any of the Office of Foreign Assets Control sanctions lists; and
(d) have full power and authority to agree to these Terms.
1.2. Restricted Locations
You may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of the Services would be illegal or otherwise violate any applicable law. You represent and warrant that you are not a citizen or resident of any such jurisdiction. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where Hermes Bitcoin has determined, at its discretion, to prohibit use of the Services. Hermes Bitcoin may implement controls to restrict access to the Services. You will comply with this Section even if Hermes Bitcoin’s methods to prevent use of the Services are not effective or can be bypassed.
2. DESCRIPTION OF SERVICES
Hermes Bitcoin operates several Bitcoin ATM Kiosks (“BTM”) where customers can exchange Bitcoin for US dollars. You agree that Hermes Bitcoin will not be held responsible for any losses arising from using the Site or Services.
3. COMPLIANCE
As a Money Service Business (“MSB”) registered with the Financial Crimes Enforcement Network (“FinCEN”), we have certain duties to know our clients, keep records of the transactions, employ an Anti-Money Laundering (“AML”) Compliance Program, and have a dedicated Compliance Officer to monitor the transactions. We perform audits and tests of the veracity of our program and have a zero-tolerance policy when it comes to compliance. If you violate any portion of our compliance requirements, we reserve the right, at any time and for any reason, without explanation, to terminate your ability to use our services. We collect and record certain information from our customers. Depending on the size of the transaction and the nature of our relationship, we collect:
- Your First and Last Name
- SMS Phone Verification;
- A copy of your Driver’s License or government issued identification card;
- If required, your Social Security Number or Taxpayer Identification Number.
We leverage this information to perform OFAC and other watchlist screening of all customers and we file Currency Transaction Reports (“CTRs”) if a customer transacts over $10,000 worth of fiat currency in a rolling 24-hour period.
You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your Information against third party databases or through other sources. Prior to your use of the Services, you must provide all information we request. You acknowledge that we will analyze and validate your identity to determine whether you qualify to perform a transaction (“Verification Process”). Your use of the Services may be delayed during the Verification Process, and we disclaim responsibility for any loss, delay or other harm relating to the delay or denial. If you do not pass the Verification Process, or if you fail to provide any of the information required to perform a transaction, you may be denied access to the Services. If you believe your access to the Services has been wrongly denied, please contact us.
4. RISK DISCLOSURES; ASSUMPTION OF RISKS, RELEASE OF HERMES BITCOIN
When buying or selling cryptocurrency, you are voluntarily choosing to engage in a sophisticated and risky financial transaction. You acknowledge that you are aware of the many risks associated with using a BTM, including but not limited to, risks of financial loss, legal risk, or theft.
You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against Hermes Bitcoin, and its affiliates. Hermes Bitcoin disclaims any and all liability for the use of our Services. You represent and warrant that you have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks. You agree that you have had whatever opportunity you deem necessary to investigate the Hermes Bitcoin Services, laws, rules, or regulations that may be applicable and that you are not relying upon any statement of law or fact made by Hermes Bitcoin relating to the legality of selling cryptocurrency. The foregoing disclaimers apply to the maximum extent permitted by law.
5. PRIVACY POLICY
Please refer to our privacy policy for information on how Hermes Bitcoin collects, uses, and shares your information.
6. GENERAL SERVICE TERMS
6.1. Dispute Resolution
Hermes Bitcoin reserves the right to resolve issues and disputes at its sole discretion. Users agree to bear the costs arising from the process of dispute resolution.
6.2. Accuracy of Information
Users must provide any information required by any screen displayed within the Services. You represent and warrant that all information you provide via the Services is accurate and complete in all respects.
6.3. Compliance with Law; Taxes
You are responsible for complying with all applicable laws related to your use of the Services, including any and all applicable taxes. Hermes Bitcoin is not responsible for determining whether taxes apply to your use of our services.
6.4. Unacceptable Use or Conduct
You will not:
- Violate any law, regulation, contract, intellectual property or other third-party right, or commit a tort while using the Services;
- Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
- Use any robot, spider, crawler, scraper, or other automated means or interface not provided by Hermes Bitcoin to access the Services or to extract data;
- Use or attempt to use another user’s account without authorization;
- Introduce any malware, viruses, or other harmful material to the site;
- Develop any third-party applications that interact with our Site without our prior written consent, or unless otherwise agreed;
- Provide false, inaccurate, or misleading information;
6.5. Service Fees
Hermes Bitcoin reserves the rights to charge service fees on users who use its services. It is in the discretion of Hermes Bitcoin to adjust the service fees charged to users using its services. Any tax is additional. Fees are non-refundable.
7. ELECTRONIC NOTICES
7.1. Consent to Electronic Delivery
You consent to receive electronically all communications, agreements, documents, receipts, notices, and disclosures (collectively, “Communications”) that Hermes Bitcoin provides in connection with the Services. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact Hermes Bitcoin at [email protected].
Hermes Bitcoin, also known as Ahn Management LLC offers the option to our customers to engage in conversations with Sales Representative to provide fast solutions; Message frequency varies; Message and data rates may apply; Text HELP to +1 (888) 770-9959 for help; Reply STOP to cancel; Carriers are not liable for any delays or undelivered messages.
7.2. Withdrawal of Consent
You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to our Support Team by filing a support request at [email protected]. If you decline or withdraw consent to receive electronic Communications, Hermes Bitcoin may suspend or terminate your use of the Services.
7.3. Updating Contact Information
It is your responsibility to keep your email address and/or mobile phone number on file with Hermes Bitcoin up to date so that Hermes Bitcoin can communicate with you electronically. If Hermes Bitcoin sends you an electronic Communication but you do not receive it because your email address or mobile phone number on file is incorrect, or you are otherwise unable to receive electronic Communications, Hermes Bitcoin will be deemed to have provided the Communication to you.
8. PROPRIETARY RIGHTS
8.1. Ownership of Services
The Services, Site and all technology, content, data and other materials used, displayed or provided or received by you in connection with the Services or Site (“Hermes Bitcoin Materials”) together with all intellectual property rights in any of the foregoing are, as between you and Hermes Bitcoin, owned by Hermes Bitcoin.
These Terms of Service permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material appearing on our Services. You must not access or use for any commercial purposes any part of the Services or any materials available through the Services.
8.2. Limitations
You may use the Hermes Bitcoin Materials solely as authorized by Hermes Bitcoin in connection with your use of the Services for as long as Hermes Bitcoin permits you to continue to access the Services. Without limiting the foregoing: you will not (a) modify or create derivative works of the Site, Services or Hermes Bitcoin Materials, or any portion thereof, or any data or information received by you in connection therewith; (b) frame, display or incorporate the Site, Services or Hermes Bitcoin Materials in any website or any other work of authorship; (c) decompile, disassemble, reverse engineer or attempt to discover the source code of the Site, Services or Hermes Bitcoin Materials; or (d) otherwise use the Site, Services or Hermes Bitcoin Materials for any commercial or noncommercial purpose other than their intended purposes determined at Hermes Bitcoin’s discretion. “Hermes Bitcoin”, any product or service names, logos, and other marks used on the Site or Hermes Bitcoin Materials, or otherwise in connection with the Services, are trademarks owned by Hermes Bitcoin or its licensors. You may not copy, imitate or use them without Hermes Bitcoin’s prior written consent.
8.3. Feedback
Hermes Bitcoin will own any feedback, suggestions, ideas, or other information or materials that you provide, whether by email, posting through the Services or otherwise (“Feedback”). You hereby assign to Hermes Bitcoin all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.
9. DISCLAIMER OF WARRANTIES
To the maximum extent permitted under applicable law, the site, the services, the Hermes Bitcoin materials and any product, service or other item provided by or on behalf of Hermes Bitcoin are provided on an “as is” and “as available” basis and Hermes Bitcoin expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, Hermes Bitcoin does not represent or warrant that the site, the services or Hermes Bitcoin materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components.
You acknowledge that your user data may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, viruses or other harmful materials, protocol changes by third party providers, internet outages, force majeure event or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our services.
The disclaimer of implied warranties contained herein may not apply if and to the extent it is prohibited by applicable law of the jurisdiction where you reside.
10. INDEMNIFICATION
You will defend, indemnify, and hold harmless Hermes Bitcoin, its Affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, the Services; (b) any User Content you provide; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, Hermes Bitcoin (or, at Hermes Bitcoin’s discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Hermes Bitcoin wishes to settle, and if so, on what terms.
11. DISCLAIMER OF DAMAGES
In no event will Hermes Bitcoin, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other business or financial benefit) arising out of or in connection with the site, the services, the Hermes Bitcoin materials, any performance or non-performance of the services, or any other product, service or other item provided by or on behalf of Hermes Bitcoin, whether under contract, statute, strict liability or other theory (including, for avoidance of doubt, any negligence of Hermes Bitcoin), even if Hermes Bitcoin has been advised of the possibility of such damages.
12. LIMITATION OF LIABILITY
In no event will the liability of Hermes Bitcoin, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of or in connection with site, the services, the Hermes Bitcoin materials, advertisements found on the site, any performance or non-performance of the services, or any other product, service or other item provided by or on behalf of Hermes Bitcoin, whether under contract, statute, strict liability or other theory (including, for avoidance of doubt, any negligence of Hermes Bitcoin) exceed the amount of the fees paid by you to Hermes Bitcoin under this agreement in the twelve-month period immediately preceding the event giving rise to the claim for liability.
13. DISPUTE RESOLUTION; ARBITRATION; WAIVER OF CLASS ACTION
All disputes, controversies or claims arising out of or relating to these Terms or the Services, will be resolved through JAMS arbitration in the state of California.
Each of you and Hermes Bitcoin disclaim the applicability of any and all of the Consumer Rules in your jurisdiction. By agreeing to these Terms of Service you are agreeing that (1) any rules, laws, or regulations governing “consumer” arbitrations are inapplicable, (2) arbitration of any dispute arising out of or relating to your use of the Services and (3) you specifically waive any right to arbitrate in any other location, including your hometown.
With respect to disputes subject to arbitration pursuant to this section 13, both you and Hermes Bitcoin are giving up the right to litigate (or participate in as a party or class member) those disputes in court before a judge or jury.
14. GOVERNING LAW
The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, will be governed by and construed and enforced in accordance with the laws of California without regard to conflict of law rules or that would cause the application of the laws of any other jurisdiction. You agree that Hermes Bitcoin may initiate a proceeding related to the enforcement or validity of Hermes Bitcoin’s intellectual property rights in any court having jurisdiction. You waive any objection to the venue in any such courts.
15. MISCELLANEOUS
15.1. Remedies
If you violate any of these Terms, Hermes Bitcoin may, as it determines reasonably necessary to remedy or mitigate your violation, and restrict your use of the Services. Hermes Bitcoin shall in no event be responsible or liable for any damage incurred by the user as a result of an action taken by Hermes Bitcoin pursuant to this paragraph. Any right or remedy of Hermes Bitcoin set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under statute, at law or in equity.
15.2. Hermes Bitcoin Affiliates and Contractors
An “Affiliate” is, with respect to a legal entity, another legal entity that controls, is under common control with, or is controlled by the first legal entity. The Site and any Services may be operated or provided by Hermes Bitcoin, its Affiliates, or their respective contractors. To the extent that an Affiliate of Hermes Bitcoin, or contractor of Hermes Bitcoin or an Affiliate of Hermes Bitcoin, is operating or providing any Services, the Affiliate or contractor’s provision of such Services will be under terms identical to these Terms substituting the Affiliate or contractor’s name wherever Hermes Bitcoin’s name occurs in these Terms.
15.3. Non Waiver
Hermes Bitcoin’s failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
15.4. Severability
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
15.5. Force Majeure
Hermes Bitcoin will have no responsibility or liability for any failure or delay in performance of any Services, or any loss or damage that you may incur, due to any circumstance or event beyond the control of Hermes Bitcoin, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
15.6 Assignment
You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. Hermes Bitcoin may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
15.7. Headings
Headings of sections are for convenience only and shall not be used to limit or construe such sections.
15.8. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15.9. Entire Agreement
These Terms constitute the entire agreement between you and Hermes Bitcoin regarding your use of the Sites, superseding any prior version of these Terms between you and Hermes Bitcoin with respect to the Sites. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Your Comments and Concerns
Any questions, feedback, comments, requests for technical support and other communications relating to the Services should be directed to support@Hermes Bitcoin.com.